Boston Scientific Corporation et al v. BioCardia, Inc.
Plaintiff: Boston Scientific SciMed, Inc., Boston Scientific Corporation and Fortis Advisors LLC
Defendant: BioCardia, Inc.
Counter Defendant: Surbhi Sarna
Case Number: 3:2019cv05645
Filed: September 6, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Vince Chhabria
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2021 Opinion or Order Filing 184 STIPULATION of Dismissal with Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 4/12/2021)
March 16, 2021 Opinion or Order Filing 183 CLERK'S NOTICE PROVIDING ZOOM ACCESS FOR FURTHER CASE MANAGEMENT CONFERENCE SET FOR 5/19/2021, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. Case Management Statement due by 5/12/2021. Further Case Management Conference set for 5/19/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, May 13, 2021, by no later than 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 3/16/2021)
March 16, 2021 Opinion or Order Filing 182 ORDER Granting Stipulation To Vacate Hearing and Stay Case Pending Settlement. Signed by Judge Vince Chhabria on 3/16/2021. (knmS, COURT STAFF) (Filed on 3/16/2021)
March 15, 2021 Opinion or Order Filing 181 Notice of Withdrawal of Motion Notice of Withdrawal of Surbhi Sarna and EXXclaim Capital Partners I, LP's Joint Motion for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 (Weinberg, Daniel) (Filed on 3/15/2021)
March 15, 2021 Opinion or Order Filing 180 STIPULATION WITH PROPOSED ORDER To Vacate Hearing and Stay Case Pending Settlement filed by BioCardia, Inc.. (Day, Margaret) (Filed on 3/15/2021)
March 12, 2021 Opinion or Order Filing 179 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held on 3/12/2021. Settlement conference held on 3/12/21. Case settled.Counsel: Ian Feinberg, Elizabeth Day, Robert Freitas, Daniel Weinberg, Timothy Grimsrud, Kevin Wagner, David Gross, Andrea SavageauParty representatives: Peter Altman, Andrew Blank, Jorge Guerra, Surbhi Sarna, Bob Holmen, David Gilmour, Eileen Hunter, Denise Lane (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 3/12/2021)
March 11, 2021 Opinion or Order Filing 178 ORDER GRANTING MOTIONS TO DISMISS. Signed by Judge Vince Chhabria on 3/11/2021. (vclc3S, COURT STAFF) (Filed on 3/11/2021)
February 25, 2021 Opinion or Order Filing 177 REPLY (re #164 Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 ) filed bySurbhi Sarna. (Weinberg, Daniel) (Filed on 2/25/2021)
February 25, 2021 Opinion or Order Filing 176 CLERK'S NOTICE SETTING FURTHER SETTLEMENT CONFERENCE. Further Settlement Conference set for 3/12/2021 09:00 AM before Judge Virginia K. DeMarchi. Zoom link will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 3/12/2021 09:00 AM in San Jose, - Videoconference Only. (pmcS, COURT STAFF) (Filed on 2/25/2021)
February 19, 2021 Opinion or Order Filing 175 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held on 2/12/2021. Further settlement conference held on 2/12/21. Case did not settle. Judge DeMarchi remains available for further settlement conference in March. Attorneys: Ian Feinberg, Elizabeth Day, Robert Freitas, Daniel Weinberg, Timothy Grimsrud, Kevin Wagner, David Gross, Andrea Savageau. Defendant Attorney: Party representatives: Peter Altman, Andrew Blank, Jorge Guerra, Surbhi Sarna, Bob Holmen, David Gilmour, Eileen Hunter, Denise Lane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 2/19/2021)
February 16, 2021 Opinion or Order Filing 174 OPPOSITION/RESPONSE (re #164 Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 ) filed byBioCardia, Inc.. (Attachments: #1 Declaration M. Elizabeth Day, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration Ian N. Feinberg, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Declaration Peter Altman, Ph.D.)(Day, Margaret) (Filed on 2/16/2021)
February 9, 2021 Opinion or Order Filing 173 CLERK'S NOTICE Further settlement conference set for February 12, 2021 at 8:45am by Zoom meeting before Magistrate Judge Virginia K. DeMarchi. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Filed on 2/9/2021)
February 1, 2021 Opinion or Order Filing 172 CLERK'S NOTICE RESETTING THE TIME FOR THE HEARING ON 3/18/2021 RE (164 in 3:19-cv-05645-VC) Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927, AND (111 in 3:20-cv-02829-VC) Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927. Motion Hearing set for 3/18/2021, 02:00 PM, by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, March 11, 2021, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscour ts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 2/1/2021)
January 29, 2021 Opinion or Order Filing 171 ORDER by Judge Vince Chhabria granting #169 Stipulation to Continue Hearing and Briefing Schedule for Motion for Sanctions. Oppositions due by 2/16/2021. Replies due by 2/25/2021. Responses due by 2/16/2021. Motion Hearing set for 3/18/2021 10:00 AM in San Jose, - Videoconference Only before Judge Vince Chhabria.(vclc3S, COURT STAFF) (Filed on 1/29/2021)
January 28, 2021 Opinion or Order Filing 170 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Settlement Conference held by video conference on 1/28/2021. Settlement conference held on 1/28/21. Discussions continue. Attorneys: Ian Feinberg, Elizabeth Day, Robert Freitas, Daniel Weinberg, Timothy Grimsrud, Kevin Wagner, David Gross, Andrea Savageau. Party representatives: Peter Altman, Jorge Guerra, Surbhi Sarna, Bob Holmen, David Gilmour, Eileen Hunter, Denise Lane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 1/28/2021)
January 28, 2021 Opinion or Order Filing 169 STIPULATION WITH PROPOSED ORDER to Continue Hearing and Briefing Schedule regarding Motion for Sanctions filed by BioCardia, Inc.. (Day, Margaret) (Filed on 1/28/2021)
January 27, 2021 Opinion or Order Filing 168 ORDER by Judge Vince Chhabria granting #165 Administrative Motion Regarding Joint Motion for Sanctions. (vclc3S, COURT STAFF) (Filed on 1/27/2021)
January 25, 2021 Opinion or Order Filing 167 Minute Entry for proceedings held before Magistrate Judge Virginia K. DeMarchi: Telephone Conference held by on 1/25/2021. The participants were: Ian Feinberg, Elizabeth Day, Robert Freitas, Dan Weinberg, Timothy Grimsrud, Kevin Wagner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 1/25/2021)
January 25, 2021 Opinion or Order Filing 166 OPPOSITION/RESPONSE (re #165 ADMINISTRATIVE MOTION re #164 Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 ) filed byBioCardia, Inc.. (Attachments: #1 Declaration M. Elizabeth Day, #2 Exhibit A, #3 Proposed Order)(Day, Margaret) (Filed on 1/25/2021)
January 22, 2021 Opinion or Order Filing 165 ADMINISTRATIVE MOTION re #164 Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 filed by Surbhi Sarna. Responses due by 1/26/2021. (Attachments: #1 Declaration of Daniel J. Weinberg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Weinberg, Daniel) (Filed on 1/22/2021)
January 19, 2021 Opinion or Order Filing 164 Joint MOTION for Sanctions Pursuant To The Court's Inherent Authority, Fed. R. Civ. P. 16, and 28 U.S.C. 1927 filed by Surbhi Sarna. Motion Hearing set for 3/4/2021 02:00 PM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. Responses due by 2/2/2021. Replies due by 2/9/2021. (Attachments: #1 Declaration of Robert E. Freitas, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Weinberg, Daniel) (Filed on 1/19/2021)
January 6, 2021 Opinion or Order Filing 163 Letter from Ian N. Feinberg, counsel for BioCardia, Inc. Re Rule 17 Motions per the Court's January 4, 2021 Order. (Feinberg, Ian) (Filed on 1/6/2021)
January 6, 2021 Opinion or Order Filing 162 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE. A Settlement Conference by video conference is hereby set for January 28, 2021 09:30 AM before Magistrate Judge Virginia K. DeMarchi. A Pre-Settlement Telephone Conference call with counsel only is set for January 25, 2021 3:00PM. The parties shall comply with Judge DeMarchi's Standing Order re Settlement Conference Procedures at http://www.cand.uscourts.gov/vkdorders, which includes instructions and deadlines for the submission of Settlement Conference Statements and Confidential Settlement Letters in advance of the conference.Zoom and Conference Call information will be emailed to counsel. (This is a text-only entry generated by the court. There is no document associated with this entry.) Settlement Conference set for 1/28/2021 09:30 AM in San Jose, - Videoconference Only. Telephone Conference set for 1/25/2021 03:00 PM in San Jose, - Telephonic Only before Magistrate Judge Virginia K. DeMarchi. (pmcS, COURT STAFF) (Filed on 1/6/2021)
January 4, 2021 Opinion or Order Filing 161 NOTICE of Voluntary Dismissal Pursuant to Fed. Civ. Rule 41(a)(1)(A)(i) Without Prejudice All Counterclaims asserted against Counterdefendant Surbhi Sarna by BioCardia, Inc. (Feinberg, Ian) (Filed on 1/4/2021)
January 4, 2021 Opinion or Order Filing 160 ORDER VACATING VOLUNTARY DISMISSALS. Signed by Judge Vince Chhabria on 1/4/2021. (vclc3S, COURT STAFF) (Filed on 1/4/2021)
December 30, 2020 Opinion or Order Filing 159 ORDER REFERRING CASE directly to Magistrate Judge Virginia K. DeMarchi for a Settlement Conference to occur within the month of January 2021. Signed by Judge Vince Chhabria on 12/30/2020. (knmS, COURT STAFF) (Filed on 12/30/2020)
December 30, 2020 Opinion or Order Filing 158 STIPULATION WITH PROPOSED ORDER Stipulation Regarding the Date for Filing Motions for Attorneys Fees and Bills of Costs filed by Fortis Advisors LLC, Surbhi Sarna. (Attachments: #1 Declaration of Daniel J. Weinberg)(Weinberg, Daniel) (Filed on 12/30/2020)
December 22, 2020 Opinion or Order Filing 156 Letter Brief re 153 Motion Hearing,,,,,, Order on Motion for Sanctions,,,,, filed byFortis Advisors LLC, Surbhi Sarna. (Related document(s) 153 ) (Weinberg, Daniel) (Filed on 12/22/2020)
December 22, 2020 Opinion or Order Filing 155 Letter Brief re 153 Motion Hearing,,,,,, Order on Motion for Sanctions,,,,, filed byBioCardia, Inc.. (Related document(s) 153 ) (Feinberg, Ian) (Filed on 12/22/2020)
December 22, 2020 Opinion or Order Filing 154 Letter Brief re 153 Motion Hearing,,,,,, Order on Motion for Sanctions,,,,, filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Related document(s) 153 ) (Grimsrud, Timothy) (Filed on 12/22/2020)
December 21, 2020 Opinion or Order Filing 152 TRANSCRIPT ORDER for proceedings held on 12/17/2020 before Judge Vince Chhabria by Surbhi Sarna, for Court Reporter Pam Batalo. (Weinberg, Daniel) (Filed on 12/21/2020)
December 21, 2020 Opinion or Order Filing 151 Transcript of Proceedings held on 12/17;2020, before Judge Chhabria. Transcriber Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. 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 (149 in 3:19-cv-05645-VC) Transcript Order ) Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. (Batalo, Pam) (Filed on 12/21/2020)
December 18, 2020 Opinion or Order Filing 150 TRANSCRIPT ORDER for proceedings held on 12/17/2020 before Judge Vince Chhabria by Boston Scientific Corporation, Boston Scientific SciMed, Inc., for Court Reporter FTR - San Francisco. (Wagner, Kevin) (Filed on 12/18/2020)
December 18, 2020 Opinion or Order Filing 149 TRANSCRIPT ORDER for proceedings held on 12/17/2020 before Judge Vince Chhabria by BioCardia, Inc., for Court Reporter FTR - San Francisco. (Day, Margaret) (Filed on 12/18/2020)
December 17, 2020 Opinion or Order Filing 153 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom on 12/17/2020 re MOTIONS to Substitute Party, Joint MOTIONS for Sanctions, and MOTIONS to Dismiss.The parties are directed to file a letter brief on whether dismissal of the first two cases would be appropriate under FRCP 12(b)(6) or 12(b)(1) if the Court denies the motions to substitute in those cases. The briefs should also address whether it was permissible for BioCardia to file the voluntary dismissals during the lunch break. The briefs are due by December 22, 2020, and should be no more than 5 pages single spaced. The motions for sanctions are denied without prejudice to the parties moving for sanctions at a more appropriate time. Total Time in Court: 1 hour 16 minutes. Court Reporter: Hearing recorded via Zoom: Part 1 = 11:45 - 12:25; Part 2 = 2:00 - 2:36. Attorney Appearances: Boston Scientific Corporation/ nVision: Kevin Wagner and Timothy E. Grimsrud; BioCardia, Inc.: Ian Neville Feinberg, Elizabeth Day, and Marc Christopher Belloli; Surbhi Sarna and Fortis Advisors LLC: Robert E. Freitas and Daniel Justin Weinberg. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 12/17/2020) Modified on 12/22/2020: Matter transcribed by Pam Hebel. (rjdS, COURT STAFF).
December 17, 2020 Opinion or Order Filing 148 NOTICE of Voluntary Dismissal Pursuant to Rule 41(a)(1)(A)(i) all counterclaims against all Counterdefendants in this Action and withdraws its pending motion to substitute by BioCardia, Inc. (Feinberg, Ian) (Filed on 12/17/2020)
November 25, 2020 Opinion or Order Filing 147 Order by Judge Vince Chhabria granting #130 Motion to Relate Case. (vclc3S, COURT STAFF) (Filed on 11/25/2020)
November 25, 2020 Opinion or Order Filing 146 Declaration of Jessica N. Leal in Support of #113 Request for Judicial Notice, filed bySurbhi Sarna. (Attachments: #1 Exhibit D, #2 Exhibit E)(Related document(s) #113 ) (Freitas, Robert) (Filed on 11/25/2020)
November 19, 2020 Opinion or Order Filing 145 REPLY (re #123 MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and i ) (as to Opposition Dkt. 141) filed byBioCardia, Inc.. (Attachments: #1 Declaration Peter Altman, Ph.D.)(Feinberg, Ian) (Filed on 11/19/2020)
November 19, 2020 Opinion or Order Filing 144 REPLY (re #123 MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and i ) (as to Opposition Dkt. 137) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 11/19/2020)
November 17, 2020 Opinion or Order Filing 143 CLERK'S NOTICE RESCHEDULING THE MOTION HEARING FROM 12/3/2020 TO 12/17/2020 RE DKT. NOS.:(121 in 3:19-cv-05645-VC) MOTION to Dismiss Corrected Notice Of Motion And Motion To Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims, (119 in 3:19-cv-05645-VC) MOTION to Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims, (116 in 3:19-cv-05645-VC) Joint MOTION to Strike (112) Amended Answer to Complaint, Counterclaim, (123 in 3:19-cv-05645-VC) MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and i, (117 in 3:19-cv-05645-VC) MOTION to Dismiss , (118 in 3:19-cv-05645-VC) Joint MOTION for Sanctions , (81 in 3:20-cv-02829-VC) MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Plaintiff and Ratify BioCardia's Acts in this Action, or in the Alternative, to Substitute Biocardia Lifesciences, Inc. as Plaintiff, (76 in 3:20-cv-02829-VC) MOTION to Dismiss , (77 in 3:20-cv-02829-VC) MOTION for Sanctions , (79 in 3:20-cv-02829-VC) MOTION to Dismiss BioCardia, Inc.'s Second Amended Complaint. Motion Hearing set for 12/17/2020, 10:00 AM, by Videoconference Only before Judge Vince Chhabria. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/v c Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Monday, December 14, 2020, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.usc ourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 11/17/2020)
November 12, 2020 Opinion or Order Filing 142 REPLY (re #121 MOTION to Dismiss Corrected Notice Of Motion And Motion To Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims ) filed bySurbhi Sarna. (Freitas, Robert) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 141 OPPOSITION/RESPONSE (re #123 MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and i ) filed byFortis Advisors LLC, Surbhi Sarna. (Freitas, Robert) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 140 REPLY (re #119 MOTION to Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims ) filed byFortis Advisors LLC. (Weinberg, Daniel) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 139 REPLY (re #118 Joint MOTION for Sanctions ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna. (Grimsrud, Timothy) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 138 REPLY (re #116 Joint MOTION to Strike #112 Amended Answer to Complaint,, Counterclaim, ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna. (Grimsrud, Timothy) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 137 OPPOSITION/RESPONSE (re #123 MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and i ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Exhibit 1 Excerpts of Hearing Transcript, #3 Exhibit 2 Sarna RFPs to BioCardia Nos. 9-18, #4 Exhibit 3 Asset Purchase Agreement, #5 Exhibit 4 BioCardia Lifesciences Complaint, #6 Exhibit 5 Redline comparison of Complaints)(Grimsrud, Timothy) (Filed on 11/12/2020)
November 12, 2020 Opinion or Order Filing 136 REPLY (re #117 MOTION to Dismiss ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Grimsrud, Timothy) (Filed on 11/12/2020)
November 2, 2020 Opinion or Order Filing 135 NOTICE of Change of Address by Daniel Justin Weinberg (Weinberg, Daniel) (Filed on 11/2/2020)
November 2, 2020 Opinion or Order Filing 134 OPPOSITION/RESPONSE (re #130 MOTION to Relate Case ) Surbhi Sarna and Fortis Advisors LLCs Response To BioCardia, Inc's Administrative Motion To Consider Whether Cases Should Be Related filed byFortis Advisors LLC, Surbhi Sarna. (Weinberg, Daniel) (Filed on 11/2/2020)
November 1, 2020 Opinion or Order Filing 133 Order by Judge Vince Chhabria granting #129 Stipulation re Briefing Schedule.(vclc3S, COURT STAFF) (Filed on 11/1/2020)
October 30, 2020 Opinion or Order Filing 132 NOTICE of Change In Counsel by Daniel Justin Weinberg (Weinberg, Daniel) (Filed on 10/30/2020)
October 30, 2020 Opinion or Order Filing 131 NOTICE of Appearance by Daniel Justin Weinberg (Weinberg, Daniel) (Filed on 10/30/2020)
October 29, 2020 Opinion or Order Filing 130 MOTION to Relate Case filed by BioCardia, Inc.. (Attachments: #1 Proposed Order)(Feinberg, Ian) (Filed on 10/29/2020)
October 26, 2020 Opinion or Order Filing 129 STIPULATION WITH PROPOSED ORDER Re Briefing Schedule for BioCardia, Inc.'s Rule 17(a)(3) Motion [Dkt. 123] filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 10/26/2020)
October 26, 2020 Opinion or Order Filing 128 OPPOSITION/RESPONSE (re #117 MOTION to Dismiss ) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 10/26/2020)
October 26, 2020 Opinion or Order Filing 127 OPPOSITION/RESPONSE (re #121 MOTION to Dismiss Corrected Notice Of Motion And Motion To Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims ) filed byBioCardia, Inc.. (Attachments: #1 Declaration Peter Altman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Feinberg, Ian) (Filed on 10/26/2020)
October 26, 2020 Opinion or Order Filing 126 OPPOSITION/RESPONSE (re #119 MOTION to Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims ) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 10/26/2020)
October 26, 2020 Opinion or Order Filing 125 OPPOSITION/RESPONSE (re #118 Joint MOTION for Sanctions ) filed byBioCardia, Inc.. (Attachments: #1 Declaration Elizabeth Day, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Feinberg, Ian) (Filed on 10/26/2020)
October 26, 2020 Opinion or Order Filing 124 OPPOSITION/RESPONSE (re #116 Joint MOTION to Strike #112 Amended Answer to Complaint,, Counterclaim, ) filed byBioCardia, Inc.. (Attachments: #1 Declaration Elizabeth Day, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Feinberg, Ian) (Filed on 10/26/2020)
October 23, 2020 Opinion or Order Filing 123 MOTION to Substitute Party Motion to Join Biocardia Lifesciences, Inc. as an Additional Counterclaimant and Ratify BioCardia's Acts in this Action, or in the Alternative, Substitute Biocardia Lifesciences, Inc. as Counterclaimant instead and in Place of BioCardia, Inc. Pursuant to Rule 17(a)(3) filed by BioCardia, Inc.. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 11/6/2020. Replies due by 11/13/2020. (Attachments: #1 Declaration Peter Altman, #2 Proposed Order)(Feinberg, Ian) (Filed on 10/23/2020)
September 25, 2020 Opinion or Order Filing 122 RESPONSE re #114 Administrative Motion to File Under Seal by BioCardia, Inc.. (Feinberg, Ian) (Filed on 9/25/2020)
September 25, 2020 Opinion or Order Filing 121 MOTION to Dismiss Corrected Notice Of Motion And Motion To Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims filed by Surbhi Sarna. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Attachments: #1 Attachment 1)(Leal, Jessica) (Filed on 9/25/2020)
September 24, 2020 Opinion or Order Filing 120 *Filed in error, please see #121 ** MOTION to Dismiss BioCardia, Inc.'s Second Amended Complaint and Counterclaims filed by Surbhi Sarna. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Leal, Jessica) (Filed on 9/24/2020) Modified on 9/25/2020 (arkS, COURT STAFF).
September 24, 2020 Opinion or Order Filing 119 MOTION to Dismiss BioCardia, Inc.'s Second Amended Answer To Complaint And Counterclaims filed by Fortis Advisors LLC. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Leal, Jessica) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 118 Joint MOTION for Sanctions filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Chambers before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Exhibit 1, #3 Exhibit 2 Excerpts of 7/23/20 hearing transcript, #4 Proposed Order)(Grimsrud, Timothy) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 117 MOTION to Dismiss filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Chambers before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Exhibit 1, #3 Exhibit 2 Excerpts of 7/23/20 hearing transcript)(Grimsrud, Timothy) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 116 Joint MOTION to Strike #112 Amended Answer to Complaint,, Counterclaim, filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna. Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Chambers before Judge Vince Chhabria. Responses due by 10/26/2020. Replies due by 11/12/2020. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Exhibit 1, #3 Exhibit 2 Excerpts of 7/23/20 hearing transcript, #4 Exhibit 3 Comparison of Alleged Trade Secrets, #5 Exhibit 4 Redline Comparison of 1st & 2d Am. Answers and Counteclaims)(Grimsrud, Timothy) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 115 CERTIFICATE OF SERVICE by Fortis Advisors LLC, Surbhi Sarna re #114 Administrative Motion to File Under Seal (Leal, Jessica) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 114 Administrative Motion to File Under Seal filed by Fortis Advisors LLC, Surbhi Sarna. (Attachments: #1 Declaration of Jessica N. Leal, #2 Proposed Order, #3 Exhibit D, #4 Exhibit E)(Leal, Jessica) (Filed on 9/24/2020)
September 24, 2020 Opinion or Order Filing 113 Request for Judicial Notice filed byFortis Advisors LLC, Surbhi Sarna. (Attachments: #1 Declaration of Jessica N. Leal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R)(Leal, Jessica) (Filed on 9/24/2020)
September 14, 2020 Opinion or Order Filing 112 AMENDED ANSWER to (Second Amended Answer and Counterclaims Unsealed per Dkt. 110, 111) #1 Complaint, , COUNTERCLAIM against Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna byBioCardia, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feinberg, Ian) (Filed on 9/14/2020)
September 14, 2020 Opinion or Order Filing 111 Statement re #110 Order on Administrative Motion to File Under Seal Plaintiffs Boston Scientific Corporation and Boston Scientific Scimed, Inc.'s Response to Order (Dkt. 110) by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Grimsrud, Timothy) (Filed on 9/14/2020)
September 9, 2020 Opinion or Order Filing 110 ORDER by Judge Vince Chhabria denying #99 Administrative Motion to File Under Seal. (vclc3S, COURT STAFF) (Filed on 9/9/2020)
September 9, 2020 Opinion or Order Set Hearings: Motion Hearing set for 12/3/2020 10:00 AM in San Francisco, Chambers before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 9/9/2020)
September 8, 2020 Opinion or Order Filing 109 Order by Judge Vince Chhabria granting #106 Motion for Extension of Time to Answer. (vclc3S, COURT STAFF) (Filed on 9/8/2020)
August 31, 2020 Opinion or Order Filing 108 REPLY (re #99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto ) Reply to BioCardia, Inc.'s Administrative Motion to Seal filed byFortis Advisors LLC, Surbhi Sarna. (Leal, Jessica) (Filed on 8/31/2020)
August 31, 2020 Opinion or Order Filing 107 EXHIBITS re #99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto Supplemental Declaration of Timothy E. Grimsrud in Support of BioCardia, Inc.s Motion to Seal Portions of Its Second Amended Answer and Counterclaims and an Exhibit Thereto filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Ex. A Declaration of Michael Ryan, #2 Ex. B Sealed Exhibit (with proposed redactions), #3 Ex. C Sealed Exhibit (redacted), #4 Ex. D Proposed Order)(Related document(s) #99 ) (Grimsrud, Timothy) (Filed on 8/31/2020) Modified on 9/1/2020 (arkS, COURT STAFF). Modified on 9/1/2020 (arkS, COURT STAFF).
August 31, 2020 Opinion or Order Filing 106 Joint MOTION for Extension of Time to File Answer Joint Motion for Extension of Deadlines to Respond to BioCardia's Second Amended Answer and Counterclaims filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Proposed Order)(Grimsrud, Timothy) (Filed on 8/31/2020)
August 31, 2020 Opinion or Order Filing 105 Proposed Order re #104 Order, #99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto by BioCardia, Inc.. (Feinberg, Ian) (Filed on 8/31/2020)
August 27, 2020 Opinion or Order Filing 104 ORDER RE ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Vince Chhabria on 8/27/2020. (vclc3S, COURT STAFF) (Filed on 8/27/2020)
August 26, 2020 Opinion or Order Filing 103 STATUS REPORT Joint Report Regarding ADR by Boston Scientific Corp., Boston Scientific Scimed, Inc., Fortis Advisors, LLC, BioCardia, Inc. and Surbhi Sarna by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Grimsrud, Timothy) (Filed on 8/26/2020)
August 24, 2020 Opinion or Order Filing 102 MOTION for Extension of Time to File Response/Reply as to #99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto Surbhi Sarna, Fortis Advisors LLC, and EXXclaim Capital Partners I, LP's Request for Extension of Time to Respond to Administrative Motions to Seal filed by Fortis Advisors LLC, Surbhi Sarna. (Attachments: #1 Declaration Declaration of Jessica N. Leal, #2 Proposed Order)(Leal, Jessica) (Filed on 8/24/2020)
August 24, 2020 Opinion or Order Filing 101 Declaration of Timothy E. Grimsrud in Support of #99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Related document(s) #99 ) (Grimsrud, Timothy) (Filed on 8/24/2020)
August 24, 2020 Opinion or Order Filing 100 MOTION for Extension of Time to File to Respond to Administrative Motion to Seal filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna. (Attachments: #1 Declaration of Timothy E. Grimsrud, #2 Proposed Order)(Grimsrud, Timothy) (Filed on 8/24/2020)
August 20, 2020 Opinion or Order Filing 99 Administrative Motion to File Under Seal Certain Portions of Second Amended Answer and Counterclaims and Exhibit A thereto filed by BioCardia, Inc.. (Attachments: #1 Declaration Ian N. Feinberg, #2 Proposed Order, #3 Redacted Version of Second Amended Answer and Counterclaims, #4 Unredacted Version of Second Amended Answer and Counterclaims, #5 Exhibit Unredacted Version of Exhibit A, #6 Exhibit B, #7 Certificate/Proof of Service)(Feinberg, Ian) (Filed on 8/20/2020)
August 10, 2020 Opinion or Order Filing 157 Transcript of Proceedings held on 07/23/2020, before Judge Vince G. Chhabria. Court Reporter/Transcriber Joan Columbini, telephone number 510-367-3043 / joan.columbini.csr@gmail.com. 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 (96 in 3:19-cv-05645-VC) Transcript Order, (94 in 3:19-cv-05645-VC) Transcript Order ). Release of Transcript Restriction set for 11/9/2020. (rjdS, COURT STAFF) (Filed on 8/10/2020)
July 30, 2020 Opinion or Order Filing 98 Transcript of Electronic Recorded Zoom Proceedings held on July 16, 2020, before Judge Vince Chhabria. Transcribed by Court Reporter Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. 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 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 #87 Transcript Order ) Release of Transcript Restriction set for 10/28/2020. (Related documents(s) #87 ) (mfk, COURT STAFF) (Filed on 7/30/2020)
July 29, 2020 Opinion or Order Filing 97 GENERAL ORDER FOR PENDING CIVIL CASES BEFORE JUDGE VINCE CHHABRIA. Signed by Judge Vince Chhabria on 7/29/2020. (vclc3S, COURT STAFF) (Filed on 7/29/2020)
July 24, 2020 Opinion or Order Filing 96 TRANSCRIPT ORDER for proceedings held on 07/23/2020 before Judge Vince Chhabria by Boston Scientific Corporation, Boston Scientific SciMed, Inc., for Court Reporter FTR - San Francisco. (Grimsrud, Timothy) (Filed on 7/24/2020)
July 23, 2020 Opinion or Order Filing 95 ORDER RE PENDING MOTIONS. Signed by Judge Vince Chhabria on 7/23/2020. (vclc3S, COURT STAFF) (Filed on 7/23/2020)
July 23, 2020 Opinion or Order Filing 94 TRANSCRIPT ORDER for proceedings held on 07/23/2020 before Judge Vince Chhabria by BioCardia, Inc., for Court Reporter FTR - San Francisco. (Feinberg, Ian) (Filed on 7/23/2020)
July 23, 2020 Opinion or Order Filing 93 Order by Judge Vince Chhabria granting #75 Motion to Substitute Attorney. Added attorneys Robert E. Freitas and Jessica Nicole Leal for Fortis Advisors LLC. Attorneys David John Francis Gross, Nicholas Poli Chan, and Timothy E. Grimsrud terminated as counsel of record for Fortis Advisors LLC.(knm, COURT STAFF) (Filed on 7/23/2020)
July 23, 2020 Opinion or Order Filing 92 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom webinar on 7/23/2020, re (43 in 3:20-cv-02829-VC) MOTION to Dismiss Motion To Dismiss, Or In The Alternative, To Strike Portions Of BioCardia, Inc.'s First Amended Complaint filed by eXXclaim Capital Partners I, LP, (48 in 3:19-cv-05645-VC) MOTION to Strike Portions of BioCardia, Inc.'s Amended Counterclaim filed by Surbhi Sarna, (76 in 3:19-cv-05645-VC) MOTION to Consolidate Cases and Set Schedule for Consolidated Cases filed by BioCardia, Inc., and(47 in 3:19-cv-05645-VC) MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim filed by Surbhi Sarna. The Court heard oral argument and took the matters under submission. Discovery remains stayed in both matters pending the settling of the pleadings.Total Time in Court: 1 hour 7 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 11:03 - 12:10. Plaintiff Attorney: Ian Feinberg and Elizabeth Day for BioCardia. Defendant Attorney: Kevin Wagner and Timothy Grimsrud for Boston Scientific Corporation; Robert Freitas and Jessica Leal for Fortis Advisors, et al. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 7/23/2020) Modified on 7/23/2020: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF).
July 21, 2020 Opinion or Order Filing 91 Letter Brief re 88 Motion Hearing, Set Deadlines/Hearings,(Joint Letter Brief) filed byBioCardia, Inc. (Related document(s) 88 ) (Feinberg, Ian) (Filed on 7/21/2020) Modified on 7/22/2020 (arkS, COURT STAFF).
July 21, 2020 Opinion or Order Filing 90 CLERK'S NOTICE PROVIDING ZOOM WEBINAR ACCESS AND REQUIRING ADVANCED REGISTRATION FOR UPCOMING MOTION HEARING. Motion Hearing set for 7/23/2020, 10:00 AM, before Judge Vince Chhabria. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than Wednesday, July 22, 2020, at 8:00 a.m. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09Meeting ID: 161 285 7657Password: 547298Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Motion Hearin g set for 7/23/2020, 10:00 AM, before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/21/2020)
July 17, 2020 Opinion or Order Filing 89 TRANSCRIPT ORDER for proceedings held on 07/16/2020 before Judge Vince Chhabria by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, for Court Reporter FTR - San Francisco. (Grimsrud, Timothy) (Filed on 7/17/2020)
July 16, 2020 Opinion or Order Filing 88 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held via Zoom Webinar on 7/16/2020, re (43 in 3:20-cv-02829-VC) MOTION to Dismiss Motion To Dismiss, Or In The Alternative, To Strike Portions Of BioCardia, Inc.'s First Amended Complaint filed by eXXclaim Capital Partners I, LP, and (76 in 3:19-cv-05645-VC) MOTION to Consolidate Cases and Set Schedule for Consolidated Cases filed by BioCardia, Inc. The Court heard oral argument, but wants more argment from counsel next week. The hearing is continued to 7/23/2020, at 10:00 a.m. By no later than 7/21/2020, at 5:00 p.m., counsel must file a 10 page, maximum, joint letter brief regarding the end run question discussed at the hearing today.Total Time in Court: 1 hour 44 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 9:10 - 10:54. Plaintiff Attorney: Ian Feinberg, Elizabeth Day, and Nicholas Martini for BioCardia. Defendant Attorney: Kevin Wagner and Timothy Grimsrud for Boston Scientific Corporation; Robert Freitas and Jessica Leal for Fortis Advisors, et al. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 7/16/2020) Modified on 7/17/2020ss: Matter transcribed by Marla Knox. (rjdS, COURT STAFF).
July 16, 2020 Opinion or Order Filing 87 TRANSCRIPT ORDER for proceedings held on 07/16/2020 before Judge Vince Chhabria by BioCardia, Inc., for Court Reporter FTR - San Francisco. (Feinberg, Ian) (Filed on 7/16/2020)
July 14, 2020 Opinion or Order Filing 86 CLERK'S NOTICE RESETTING THE TIME FOR THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE ON 7/16/2020. Further Case Management Conference and Motion Hearing set for 7/16/2020 09:00 AM before Judge Vince Chhabria. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09Meeting ID: 161 285 7657Password: 547298Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zo om/. Further Case Management Conference and Motion Hearing set for 7/16/2020, 09:00 AM before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 7/14/2020)
July 12, 2020 Opinion or Order Filing 85 CLERK'S NOTICE SETTING ZOOM HEARING FOR 7/16/2020 CASE MANAGEMENT CONFERENCE, MOTION TO CONSOLIDATE, AND MOTION TO DISMISS. Further Case Management Conference set for 7/16/2020 10:00 AM. Motion Hearing set for 7/16/2020 10:00 AM before Judge Vince Chhabria. This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to vccrd@cand.uscourts.gov by no later than noon on Tuesday, July 14, 2020. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public, and press, please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1612857657?pwd=WE5Gcm1zS293WU84V0tyd0c2Ulp1UT09Meeting ID: 161 285 7657Password: 547298Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. Further Case M anagement Conference set for 7/16/2020 10:00 AM. Motion Hearing set for 7/16/2020 10:00 AM before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc1S, COURT STAFF) (Filed on 7/12/2020)
July 2, 2020 Opinion or Order Filing 84 CLERK'S NOTICE RESCHEDULING THE CASE MANAGEMENT CONFERENCE FROM 7/8/2020 TO 7/16/2020, TO BE HEARD WITH THE MOTION TO CONSOLIDATE CASES AND MOTION TO DISMISS, PREVIOUSLY SET FOR THAT DATE. Further Case Management Conference set for 7/16/2020 10:00 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 7/2/2020)
July 1, 2020 Opinion or Order Filing 83 JOINT CASE MANAGEMENT STATEMENT (SECOND) filed by BioCardia, Inc.. (Attachments: #1 REDLINE 1st Joint CMC Statement and 2nd Joint CMC Statement)(Feinberg, Ian) (Filed on 7/1/2020)
June 19, 2020 Opinion or Order Filing 82 CLERK'S NOTICE RESCHEDULING HEARING ON MOTION TO CONSOLIDATE FOR 7/16/2020Motion Hearing set for 7/16/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3, COURT STAFF) (Filed on 6/19/2020)
June 18, 2020 Opinion or Order Filing 81 REPLY (re #76 MOTION to Consolidate Cases and Set Schedule for Consolidated Cases ) (Re Surbhi Sarna and Fortis Advisors LLC's Opposition) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 6/18/2020)
June 18, 2020 Opinion or Order Filing 80 REPLY (re #76 MOTION to Consolidate Cases and Set Schedule for Consolidated Cases ) (Re Boston Scientific Corporation and Boston Scientific Scimed, Inc.'s Opposition) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 6/18/2020)
June 11, 2020 Opinion or Order Filing 79 OPPOSITION/RESPONSE (re #76 MOTION to Consolidate Cases and Set Schedule for Consolidated Cases ) Surbhi Sarna And Fortis Advisors LLC's Response In Opposition To BioCardia's Motion To Consolidate And Set Schedule For Consolidated Cases filed byFortis Advisors LLC, Surbhi Sarna. (Leal, Jessica) (Filed on 6/11/2020)
June 11, 2020 Opinion or Order Filing 78 OPPOSITION/RESPONSE (re #76 MOTION to Consolidate Cases and Set Schedule for Consolidated Cases ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Declaration of Timothy Grimsrud, #2 Exhibit 1 to Declaration of Timothy Grimsrud, #3 Exhibit 2 to Declaration of Timothy Grimsrud, #4 Exhibit 3 to Declaration of Timothy Grimsrud, #5 Exhibit 4 to Declaration of Timothy Grimsrud, #6 Exhibit 5 to Declaration of Timothy Grimsrud, #7 Exhibit 6 to Declaration of Timothy Grimsrud)(Grimsrud, Timothy) (Filed on 6/11/2020)
June 8, 2020 Opinion or Order Filing 77 NOTICE of Appearance by Nicholas V Martini (Martini, Nicholas) (Filed on 6/8/2020)
May 28, 2020 Opinion or Order Filing 76 MOTION to Consolidate Cases and Set Schedule for Consolidated Cases filed by BioCardia, Inc.. Motion Hearing set for 7/9/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 6/11/2020. Replies due by 6/18/2020. (Attachments: #1 Declaration Ian N. Feinberg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Feinberg, Ian) (Filed on 5/28/2020)
May 22, 2020 Opinion or Order Filing 75 MOTION of Substitution of Counsel (with Proposed Order) by Jessica Nicole Leal (Leal, Jessica) (Filed on 5/22/2020) Modified on 6/9/2020 (ecgS, COURT STAFF).
May 8, 2020 Opinion or Order Filing 74 ORDER TOLLING DEADLINES IN SCHEDULING ORDER. Signed by Judge Vince Chhabria on 5/8/2020. (vclc3, COURT STAFF) (Filed on 5/8/2020)
April 29, 2020 Opinion or Order Filing 73 Order by Judge Vince Chhabria granting #70 Administrative Motion to Relate Cases 3:19-cv-05645-VC, Boston Scientific Corporation v. BioCardia, Inc.; and 3:20-cv-02829-SK, BioCardia, Inc. v. nVision Medical Corporation.(knm, COURT STAFF) (Filed on 4/29/2020)
April 28, 2020 Opinion or Order Filing 72 OPPOSITION/RESPONSE (re #70 ADMINISTRATIVE MOTION To Consider Whether Cases Should Be Related ) filed bySurbhi Sarna. (Leal, Jessica) (Filed on 4/28/2020)
April 28, 2020 Opinion or Order Filing 71 CLERK'S NOTICE vacating the hearing scheduled for 5/7/2020 re #60 Motion to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3, COURT STAFF) (Filed on 4/28/2020)
April 24, 2020 Opinion or Order Filing 70 ADMINISTRATIVE MOTION To Consider Whether Cases Should Be Related filed by BioCardia, Inc.. Responses due by 4/28/2020. (Attachments: #1 Proposed Order)(Feinberg, Ian) (Filed on 4/24/2020)
April 24, 2020 Opinion or Order Filing 69 ERRATA re #68 Reply to Opposition/Response, #67 Reply to Opposition/Response, by BioCardia, Inc.. (Feinberg, Ian) (Filed on 4/24/2020)
April 23, 2020 Opinion or Order Filing 68 REPLY (re #60 MOTION to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims ) (Re Surbhi Sarna Opposition) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 4/23/2020)
April 23, 2020 Opinion or Order Filing 67 REPLY (re #60 MOTION to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims ) (Re Boston Scientific Corporation, Boston Scientific Scimed, Inc. and Fortis Advisors LLC's Opposition) filed byBioCardia, Inc.. (Feinberg, Ian) (Filed on 4/23/2020)
April 22, 2020 Opinion or Order Filing 66 STIPULATION WITH PROPOSED ORDER Re Modification to Scheduling Order filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 4/22/2020)
April 20, 2020 Opinion or Order Filing 65 NOTICE of Appearance by Marc Christopher Belloli (Belloli, Marc) (Filed on 4/20/2020)
April 20, 2020 Opinion or Order Filing 64 NOTICE of Appearance by Margaret Elizabeth Day (Day, Margaret) (Filed on 4/20/2020)
April 16, 2020 Opinion or Order Filing 63 OPPOSITION/RESPONSE (re #60 MOTION to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims ) filed bySurbhi Sarna. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A)(Leal, Jessica) (Filed on 4/16/2020)
April 16, 2020 Opinion or Order Filing 62 OPPOSITION/RESPONSE (re #60 MOTION to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims ) filed byBoston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC. (Attachments: #1 Declaration of Tim Grimsrud, #2 Exhibit 1 BSC Pltfs.' RFPs to BC, #3 Exhibit 2 BSC Pltfs.' ROGs to BC, #4 Exhibit 3 BC RFPs to BSC Pltfs., #5 Exhibit 4 1-8-20 T. Grimsrud ltr. to I. Feinberg, #6 Exhibit 5 2-26-20 K. Wagner ltr. to I. Feinberg, #7 Exhibit 6 Excerpt of BC Resp. to ROG 6, #8 Exhibit 7 1-13-20 I. Feinberg ltr. to T. Grimsrud)(Grimsrud, Timothy) (Filed on 4/16/2020)
April 15, 2020 Opinion or Order Filing 61 Certificate of Interested Entities by BioCardia, Inc. identifying Other Affiliate BSLF, LLC for BioCardia, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Feinberg, Ian) (Filed on 4/15/2020)
April 2, 2020 Opinion or Order Filing 60 MOTION to Amend Scheduling Order and for Leave to File Second Amended Answer to Complaint and Counterclaims filed by BioCardia, Inc.. Motion Hearing set for 5/7/2020 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. Responses due by 4/16/2020. Replies due by 4/23/2020. (Attachments: #1 Declaration Ian N. Feinberg, #2 Exhibit A - Second Amended Answer and Counterclaims, #3 Exhibit B - Redline, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Feinberg, Ian) (Filed on 4/2/2020)
March 18, 2020 Opinion or Order Filing 59 CLERK'S NOTICE VACATING THE HEARING SCHEDULED FOR 3/26/2020 RE #47 MOTION TO DISMISS; AND #48 MOTION TO STRIKE. The Court will issue a written ruling based on the motions and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 3/18/2020)
February 27, 2020 Opinion or Order Filing 58 REPLY (re #47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim ) Reply Memorandum In Support Of Surbhi Sarna's Motion To Dismiss BioCardia, Inc.s Amended Counterclaim filed bySurbhi Sarna. (Attachments: #1 Attachment 1)(Leal, Jessica) (Filed on 2/27/2020)
February 5, 2020 Opinion or Order Filing 57 NOTICE by Boston Scientific Corporation, Boston Scientific SciMed, Inc. of Firm Name and Email Contact Change (Grimsrud, Timothy) (Filed on 2/5/2020)
February 5, 2020 Opinion or Order Filing 56 Statement of Non-Opposition re #48 MOTION to Strike Portions of BioCardia, Inc.'s Amended Counterclaim filed byBioCardia, Inc.. (Related document(s) #48 ) (Feinberg, Ian) (Filed on 2/5/2020)
February 5, 2020 Opinion or Order Filing 55 OPPOSITION/RESPONSE (re #47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim ) filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 2/5/2020) Modified on 2/5/2020 (amgS, COURT STAFF).
January 31, 2020 Opinion or Order Filing 54 Request for Judicial Notice re: #47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim filed by Surbhi Sarna. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leal, Jessica) (Filed on 1/31/2020) Modified on 2/4/2020 (amgS, COURT STAFF). Modified on 2/4/2020 (amgS, COURT STAFF).
January 17, 2020 Opinion or Order Filing 53 CLERK'S NOTICE RESCHEDULING THE HEARING FROM 3/19/2020 TO 3/26/2020 RE #47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim, and #48 MOTION to Strike Portions of BioCardia, Inc.'s Amended Counterclaim. Motion Hearing set for 3/26/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. The change in hearing date has no impact on the previously set responsive briefing schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 1/17/2020)
January 16, 2020 Opinion or Order Filing 52 Order by Judge Vince Chhabria granting #51 Stipulation re Discovery of Electronically Stored Information.(knm, COURT STAFF) (Filed on 1/16/2020)
January 15, 2020 Opinion or Order Filing 51 STIPULATION WITH PROPOSED ORDER re Discovery of Electronically Stored Information filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, BioCardia, Inc. and Surbhi Sarna. (Grimsrud, Timothy) (Filed on 1/15/2020) Modified on 1/15/2020 (amgS, COURT STAFF).
January 13, 2020 Opinion or Order Filing 50 Order by Judge Vince Chhabria granting #49 Stipulation Re Briefing Schedule for Surbhi Sarna's Motion to Dismiss and Motion to Strike BioCardia, Inc.'s Amended Counterclaim.(knm, COURT STAFF) (Filed on 1/13/2020)
January 13, 2020 Opinion or Order Reset Deadlines as to #47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim, #48 MOTION to Strike Portions of BioCardia, Inc.'s Amended Counterclaim. Responses due by 2/5/2020. Replies due by 2/27/2020. (knm, COURT STAFF) (Filed on 1/13/2020)
January 9, 2020 Opinion or Order Filing 49 STIPULATION WITH PROPOSED ORDER Re Briefing Schedule for Surbhi Sarna's Motion to Dismiss and Motion to Strike BioCardia, Inc.'s Amended Counterclaim filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 1/9/2020)
January 8, 2020 Opinion or Order Filing 48 MOTION to Strike Portions of BioCardia, Inc.'s Amended Counterclaim filed by Surbhi Sarna. Motion Hearing set for 3/19/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/22/2020. Replies due by 1/29/2020. (Leal, Jessica) (Filed on 1/8/2020)
January 8, 2020 Opinion or Order Filing 47 MOTION to Dismiss BioCardia, Inc.'s Amended Counterclaim filed by Surbhi Sarna. Motion Hearing set for 3/19/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 1/22/2020. Replies due by 1/29/2020. (Leal, Jessica) (Filed on 1/8/2020)
January 8, 2020 Opinion or Order Filing 46 ANSWER TO COUNTERCLAIM #43 Amended Answer to Complaint,, Counterclaim, byBoston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC. (Grimsrud, Timothy) (Filed on 1/8/2020)
December 16, 2019 Opinion or Order Filing 45 Order by Judge Vince Chhabria granting #38 Stipulated Scheduling Order. Amended Pleadings due by 2/10/2020. Case Management Statement due by 7/1/2020. Further Case Management Conference set for 7/8/2020 10:00 AM in San Francisco, Courtroom 04, 17th Floor. Close of Fact Discovery due by 8/6/2020. Close of Expert Discovery due by 11/12/2020. Last day to hear Dispositive and Daubert Motions set for 2/11/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Jury Selection set for 5/5/2021 08:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Jury Trial set for 5/10/2021 08:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (knm, COURT STAFF) (Filed on 12/16/2019)
December 11, 2019 Opinion or Order Filing 44 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held on 12/11/2019. The Court accepts the stipulation submitted by the parties and will file a separate order with those dates. The Court noted that if the parties plan to file cross motions for summary judgment, they should review the Standing Order regarding the proper briefing for cross motions before this Court.Total Time in Court: 4 minutes. Court Reporter: Hearing not reported or recorded.Plaintiff Attorney: Timothy Grimsrud, Nicholas Chan, and Kevin Wagner. Defendant Attorney: Ian Feinberg for Bio-Cardi, Inc.; Jessica Leal for counter-defendant Surbhi Sarna. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 12/11/2019)
December 11, 2019 Opinion or Order Filing 43 AMENDED ANSWER to Complaint and, COUNTERCLAIM against Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna byBioCardia, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Redline)(Feinberg, Ian) (Filed on 12/11/2019)
December 9, 2019 Opinion or Order Filing 42 Order by Judge Vince Chhabria granting #39 Stipulated Protective Order.(knm, COURT STAFF) (Filed on 12/9/2019)
December 9, 2019 Opinion or Order Filing 41 Order by Judge Vince Chhabria granting #37 Stipulation re Rule 502(d) Order.(knm, COURT STAFF) (Filed on 12/9/2019)
December 9, 2019 Opinion or Order Filing 40 Order by Judge Vince Chhabria granting #36 Stipulation selecting Private ADR.(knm, COURT STAFF) (Filed on 12/9/2019)
December 4, 2019 Opinion or Order Filing 39 STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Surbhi Sarna. (Attachments: #1 Stipulated Protective Order - redline)(Leal, Jessica) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 38 STIPULATION WITH PROPOSED ORDER [Proposed] Scheduling Order filed by Surbhi Sarna. (Leal, Jessica) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 37 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Rule 502(d) Order filed by Surbhi Sarna. (Leal, Jessica) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 36 STIPULATION and Proposed Order selecting Private ADR by Surbhi Sarna filed by Surbhi Sarna. (Leal, Jessica) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 35 CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Surbhi Sarna. (Leal, Jessica) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Fortis Advisors, LLC (Grimsrud, Timothy) (Filed on 12/4/2019)
December 4, 2019 Opinion or Order Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Boston Scientific Corp. and Boston Scientific Scimed, Inc. (Grimsrud, Timothy) (Filed on 12/4/2019)
December 3, 2019 Opinion or Order Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Leal, Jessica) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 31 Certificate of Interested Entities by Surbhi Sarna identifying Other Affiliate Surbhi Sarna for Surbhi Sarna. (Leal, Jessica) (Filed on 12/3/2019)
December 3, 2019 Opinion or Order Filing 30 NOTICE of Appearance by Jessica Nicole Leal and Robert E. Freitas (Leal, Jessica) (Filed on 12/3/2019)
November 27, 2019 Opinion or Order Filing 29 COMPLAINT [Unsealed per Order] against BioCardia, Inc.. Filed byFortis Advisors LLC, Boston Scientific SciMed, Inc., Boston Scientific Corporation. (Attachments: #1 Exhibit A)(Gross, David) (Filed on 11/27/2019)
November 26, 2019 Opinion or Order Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Feinberg, Ian) (Filed on 11/26/2019)
November 22, 2019 Opinion or Order Filing 27 Order by Judge Vince Chhabria provisionally granting #3 Administrative Motion to File Under Seal.(knm, COURT STAFF) (Filed on 11/22/2019)
November 15, 2019 Opinion or Order Filing 26 STIPULATION to Extend Time to Respond to Counterclaims by Twenty-One (21) Days filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC. (Grimsrud, Timothy) (Filed on 11/15/2019)
October 31, 2019 Filing 25 Summons Issued as to Surbhi Sarna. (fabS, COURT STAFF) (Filed on 10/31/2019)
October 31, 2019 Filing 24 Proposed Summons. (Feinberg, Ian) (Filed on 10/31/2019)
October 31, 2019 Filing 23 Certificate of Interested Entities by BioCardia, Inc. (Attachments: #1 Exhibit A)(Feinberg, Ian) (Filed on 10/31/2019)
October 31, 2019 Filing 22 ANSWER to Complaint with Jury Demand and, COUNTERCLAIM against BioCardia, Inc., Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC, Surbhi Sarna byBioCardia, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Feinberg, Ian) (Filed on 10/31/2019)
September 30, 2019 Filing 21 STIPULATION to Extend Time to Respond to Complaint by Thirty (30) days filed by BioCardia, Inc.. (Feinberg, Ian) (Filed on 9/30/2019)
September 16, 2019 Filing 20 SUMMONS Returned Executed by Boston Scientific Corporation, Fortis Advisors LLC, Boston Scientific SciMed, Inc.. BioCardia, Inc. served on 9/12/2019, answer due 10/3/2019. (Chan, Nicholas) (Filed on 9/16/2019)
September 13, 2019 Filing 19 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 12/4/2019. Initial Case Management Conference set for 12/11/2019 10:00 AM 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 9/13/2019)
September 13, 2019 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed Clerk on 9/13/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 9/13/2019)
September 13, 2019 Filing 17 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. (pmcS, COURT STAFF) (Filed on 9/13/2019)
September 12, 2019 Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC.. (Chan, Nicholas) (Filed on 9/12/2019)
September 12, 2019 Opinion or Order Filing 15 Order by Magistrate Judge Virginia K. DeMarchi granting #11 Motion for Pro Hac Vice (Savageau). (vkdlc1S, COURT STAFF) (Filed on 9/12/2019)
September 12, 2019 Opinion or Order Filing 14 Order by Magistrate Judge Virginia K. DeMarchi granting #10 Motion for Pro Hac Vice (Wagner). (vkdlc1S, COURT STAFF) (Filed on 9/12/2019)
September 12, 2019 Opinion or Order Filing 13 Order by Magistrate Judge Virginia K. DeMarchi granting #9 Motion for Pro Hac Vice (Grimsrud). (vkdlc1S, COURT STAFF) (Filed on 9/12/2019)
September 12, 2019 Opinion or Order Filing 12 Order by Magistrate Judge Virginia K. DeMarchi granting #8 Motion for Pro Hac Vice (Barta). (vkdlc1S, COURT STAFF) (Filed on 9/12/2019)
September 12, 2019 Filing 11 MOTION for leave to appear in Pro Hac Vice Andrea Savageau ( Filing fee $ 310, receipt number 0971-13698479.) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Savageau, Andrea) (Filed on 9/12/2019)
September 12, 2019 Filing 10 MOTION for leave to appear in Pro Hac Vice Kevin Wagner ( Filing fee $ 310, receipt number 26K56F3H.) Filing fee previously paid on 09-12-2019 filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Wagner, Kevin) (Filed on 9/12/2019)
September 12, 2019 Filing 9 MOTION for leave to appear in Pro Hac Vice Timothy Grimsrud ( Filing fee $ 310, receipt number 0971-13698354.) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Grimsrud, Timothy) (Filed on 9/12/2019)
September 12, 2019 Filing 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13698208.) filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Barta, Lauren) (Filed on 9/12/2019)
September 9, 2019 Filing 7 Summons Issued as to BioCardia, Inc.. (dhmS, COURT STAFF) (Filed on 9/9/2019)
September 9, 2019 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/3/2019. Initial Case Management Conference set for 12/10/2019 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 9/9/2019)
September 9, 2019 Filing 5 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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 9/23/2019. (as, COURT STAFF) (Filed on 9/9/2019)
September 9, 2019 Filing 4 Certificate of Interested Entities by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC identifying Other Affiliate Amy Garcia, Other Affiliate David Snow, Other Affiliate Kevin O'Connor, Other Affiliate Catalyst Health Ventures, Other Affiliate Alan Bradley, Other Affiliate Albert K. Chin, Other Affiliate Andrew Brill, Other Affiliate Andrew Cleeland, Other Affiliate Anula Jayasuriya, Other Affiliate Arboretum Ventures IV, LP, Other Affiliate Astia Angel nVision LLC, Other Affiliate Christina Skieller, Other Affiliate CHV Investments LLC, Other Affiliate Cindy Domecus, Other Affiliate Connie Milburn, Other Affiliate Donna Jean Butcher, Other Affiliate Elena Gates, Other Affiliate Draper Associates Investments LLC, Other Affiliate Draper Associates Riskmaster Fund LLC, Other Affiliate Drexler Family Trust, Other Affiliate Ed Tacdol, Other Affiliate Excelestar Ventures I, LLC, Other Affiliate eXXclaim Capital Partners I, LP, Other Affiliate Fogarty Institute for Innovation, Other Affiliate Golden Seeds nVision Medical, LLC, Other Affiliate Jacob Schwarz, Other Affiliate Jesus Magana, Other Affiliate John Mittelstet, Other Affiliate Life Sciences Angel Investors VIII, LLC, Other Affiliate Lisa Golden, Other Affiliate LMNVC, LLC, Other Affiliate Mike Nishimura, Other Affiliate Peggy McLaughlin, Other Affiliate Ric Cote, Other Affiliate Seraph nVision LLC, Other Affiliate Serge Bierhuizen, Other Affiliate St Goar/Cassani T/A DTD 9/12/2001, Other Affiliate Surbhi Sarna, Other Affiliate Vaishali Suraj, Other Affiliate Viviane Connor, Other Affiliate Vurnetha Bitoy, Other Affiliate Wendy Heigel, Other Affiliate Katherine Macway, Other Affiliate Jose Garza for Fortis Advisors LLC. (Gross, David) (Filed on 9/9/2019)
September 6, 2019 Filing 3 Administrative Motion to File Under Seal Portions of the Complaint and Supporting Exhibit filed by Boston Scientific Corporation, Boston Scientific SciMed, Inc., Fortis Advisors LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Complaint, #4 Unredacted Version of Complaint, #5 Redacted Version of Exhibit A, #6 Unredacted Version of Exhibit A)(Gross, David) (Filed on 9/6/2019)
September 6, 2019 Filing 2 Proposed Summons. (Gross, David) (Filed on 9/6/2019)
September 6, 2019 Filing 1 COMPLAINT for declaratory judgments and other relief against BioCardia, Inc. ( Filing fee $ 400, receipt number 0971-13683881.). Filed byBoston Scientific Corporation, Fortis Advisors LLC, Boston Scientific SciMed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Gross, David) (Filed on 9/6/2019)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Northern District Court's Electronic Court Filings (ECF) System

Search for this case: Boston Scientific Corporation et al v. BioCardia, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: BioCardia, Inc.
Represented By: Ian Neville Feinberg
Represented By: Margaret Elizabeth Day
Represented By: Marc Christopher Belloli
Represented By: Nicholas V Martini
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Boston Scientific SciMed, Inc.
Represented By: David John Francis Gross
Represented By: Kevin Patrick Wagner
Represented By: Timothy E. Grimsrud
Represented By: Andrea Ileana Savageau
Represented By: Nicholas Poli Chan
Represented By: Lauren J.F. Barta
Represented By: Kevin Wagner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Boston Scientific Corporation
Represented By: David John Francis Gross
Represented By: Timothy E. Grimsrud
Represented By: Kevin Patrick Wagner
Represented By: Nicholas Poli Chan
Represented By: Lauren J.F. Barta
Represented By: Andrea Ileana Savageau
Represented By: Kevin Wagner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Fortis Advisors LLC
Represented By: David John Francis Gross
Represented By: Nicholas Poli Chan
Represented By: Robert E. Freitas
Represented By: Jessica Nicole Leal
Represented By: Timothy E. Grimsrud
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Surbhi Sarna
Represented By: Robert E. Freitas
Represented By: Daniel Justin Weinberg
Represented By: Jessica Nicole Leal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?