Franciscan Alliance, Inc. et al v. Intuitive Surgical, Inc.
Plaintiff: Franciscan Alliance, Inc. and King County Public Hospital District No. 1, DBA Valley Medical Center
Defendant: Intuitive Surgical, Inc.
Case Number: 3:2021cv05198
Filed: July 6, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Referring Judge: Vince Chhabria
2 Judge: Sallie Kim
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2021 Opinion or Order Filing 36 Order by Judge Vince Chhabria granting (46) Stipulation in case 3:21-cv-03825-VC. Associated Cases: 3:21-cv-03825-VC, 3:21-cv-05198-VC, 3:21-cv-05266-VC. (vclc3S, COURT STAFF) (Filed on 8/25/2021)
August 23, 2021 Opinion or Order Filing 35 ORDER by Judge Vince Chhabria granting AS MODIFIED Stipulated Order Re: Case Schedule, (42) in case 3:21-cv-03825-VC; (30) in case 3:21-cv-05198-VC; (23) in case 3:21-cv-05266-VC. (vclc3S, COURT STAFF) (Filed on 8/23/2021)
August 20, 2021 Filing 34 STIPULATION WITH PROPOSED ORDER Regarding Consolidation of Related Actions filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Zahid, Judith) (Filed on 8/20/2021)
August 19, 2021 Filing 33 Transcript of Proceedings of the official sound recording held on 08/11/21, before Judge Vince Chhabria. FTR/Transcriber Echo Reporting, Inc., telephone number (858) 453-7590. Tape Number: FTR 2:57 - 3:30. 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 (49 in 3:21-cv-03496-VC) Transcript Order ) Redaction Request due 9/9/2021. Redacted Transcript Deadline set for 9/20/2021. Release of Transcript Restriction set for 11/17/2021. (tgj, COURT STAFF) (Filed on 8/19/2021)
August 17, 2021 Filing 32 CLERK'S NOTICE RESCHEDULING MOTION HEARING to 9/30/2021, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE #31 MOTION to Stay Defendant Intuitive Surgical, Inc.s Notice Of Motion, Motion, And Memorandum Of Points And Authorities In Support Of Motion To Stay. Motion Hearing set for 9/30/2021 at 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 by Thursday, September 23rd, 2021, by no later than 10:00AM.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/. (bxsS, COURTSTAFF) (Filed on 8/17/2021)
August 13, 2021 Filing 31 MOTION to Stay Defendant Intuitive Surgical, Inc.s Notice Of Motion, Motion, And Memorandum Of Points And Authorities In Support Of Motion To Stay filed by Intuitive Surgical, Inc.. Motion Hearing set for 9/23/2021 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/27/2021. Replies due by 9/3/2021. (Attachments: #1 Declaration of Karen Hoffman Lent, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Ruby, Allen) (Filed on 8/13/2021)
August 13, 2021 Filing 30 STIPULATION WITH PROPOSED ORDER Regarding Case Schedule filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Zahid, Judith) (Filed on 8/13/2021)
August 13, 2021 Filing 29 DISCOVERY PROCEDURAL ORDER. In the attached order, the court addresses its procedures for discovery disputes. (Attachments: #1 Standing Order)(lblc2S, COURT STAFF) (Filed on 8/13/2021)
August 12, 2021 CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (ahm, COURT STAFF) (Filed on 8/12/2021)
August 11, 2021 Filing 28 Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 8/11/2021. Parties to submit a stipulated scheduling order that conforms to Plaintiffs proposed scheduling order by Friday, August 13th. The hospital cases schedule must include schedule for Motion to Consolidate cases. Discovery will be stayed pending adjudication of Motion to Dismiss. Initial disclosures will be permitted. Court ordered after hearing for matter to be referred to a randomly assigned Magistrate Judge for Discovery purposes. Total Time in Court: 33 Minutes. Court Reporter: Hearing recorded via Zoom: 2:57 - 3:30. Plaintiff Attorney: Bonny Sweeney, Manual Dominguez and Richard McCaulley (Larkin Community Hospital, Franciscan Alliance, and Kaleida Health). Jeffrey Corrigan (Surgical Instrument Service Company). Defendant Attorney: Karen Lent, Michael Bailey, Michael Menitove. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxsS, COURTSTAFF) (Date Filed: 8/11/2021) Modified on 8/18/2021: Matter transcribed by Tara (Bauer) Jauregui (ECHO Reporting). (rjdS, COURT STAFF).
August 11, 2021 Filing 27 NOTICE by Intuitive Surgical, Inc. Defendants Notice Of Pendency Of Other Actions Or Proceedings Pursuant To Civil Local Rule 3-13 (Ruby, Allen) (Filed on 8/11/2021)
August 11, 2021 Filing 26 Rule 7.1 Disclosures by Intuitive Surgical, Inc. Defendant Intuitive Surgical, Inc.'s Fed. R. Civ. P. 7.1 Corporate Disclosure Statement And Civ. L.R. 3-15 Certification Of Interested Entities Or Persons (Ruby, Allen) (Filed on 8/11/2021)
August 11, 2021 Filing 25 NOTICE of Appearance by Allen Ruby (Ruby, Allen) (Filed on 8/11/2021)
August 5, 2021 Filing 24 CASE MANAGEMENT STATEMENT filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Attachments: #1 Exhibit A)(Bateman, Christopher) (Filed on 8/5/2021)
July 29, 2021 Filing 23 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 8/4/2021. Initial Case Management Conference set for 8/11/2021, 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, August 5, 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 7/29/2021)
July 27, 2021 Filing 22 Case Reassigned to Judge Vince Chhabria. Judge Edward M. Chen no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (mbcS, COURT STAFF) (Filed on 7/27/2021)
July 27, 2021 Opinion or Order Filing 21 ORDER RELATING CASES: 21-cv-03496-VC, Surgical Instrument Service Company, Inc. v. Intuitive Surgical, Inc.; 21-cv-05198-EMC, Franciscan Alliance, Inc. v. Intuitive Surgical, Inc.; and 21-cv-05266-VC, Kaleida Health v. Intuitive Surgical Inc. Signed by Judge Vince Chhabria on 7/27/2021. (knmS, COURT STAFF) (Filed on 7/27/2021)
July 15, 2021 Filing 20 CERTIFICATE OF SERVICE by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center (Bateman, Christopher) (Filed on 7/15/2021)
July 15, 2021 Opinion or Order Filing 19 ORDER by Judge Edward M. Chen granting #17 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 7/15/2021)
July 15, 2021 Filing 18 WAIVER OF SERVICE Returned Executed filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. Service waived by Intuitive Surgical, Inc. waiver sent on 7/14/2021, answer due 9/13/2021. (Zahid, Judith) (Filed on 7/15/2021)
July 14, 2021 Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16176251.) filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Bateman, Christopher) (Filed on 7/14/2021)
July 13, 2021 Opinion or Order Filing 16 ORDER by Judge Edward M. Chen granting #15 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 7/13/2021)
July 13, 2021 Filing 15 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16171255.) filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Dominguez, Manuel) (Filed on 7/13/2021)
July 13, 2021 Opinion or Order Filing 14 ORDER by Judge Edward M. Chen granting #8 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 7/13/2021)
July 13, 2021 Opinion or Order Filing 13 ORDER by Judge Edward M. Chen granting #7 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 7/13/2021)
July 13, 2021 Opinion or Order Filing 12 CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 10/19/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 10/12/2021. Signed by Judge Edward M. Chen on 7/13/2021. (afmS, COURT STAFF) (Filed on 7/13/2021)
July 12, 2021 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/12/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/12/2021)
July 9, 2021 Filing 10 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. (mklS, COURT STAFF) (Filed on 7/9/2021)
July 9, 2021 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center.. (Zahid, Judith) (Filed on 7/9/2021)
July 8, 2021 Filing 8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16156766.) filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Hackett, Jennifer) (Filed on 7/8/2021)
July 8, 2021 Filing 7 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16156330.) filed by Franciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (McCuaig, Daniel) (Filed on 7/8/2021)
July 7, 2021 Filing 6 Summons Issued as to Intuitive Surgical, Inc. (hdjS, COURT STAFF) (Filed on 7/7/2021)
July 7, 2021 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/27/2021. Initial Case Management Conference set for 10/4/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdjS, COURT STAFF) (Filed on 7/7/2021)
July 6, 2021 Filing 4 Certificate of Interested Entities by Franciscan Alliance, Inc. (Zahid, Judith) (Filed on 7/6/2021)
July 6, 2021 Filing 3 Proposed Summons. (Zahid, Judith) (Filed on 7/6/2021)
July 6, 2021 Filing 2 Case assigned to Magistrate Judge Sallie Kim. 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 7/20/2021. (mbcS, COURT STAFF) (Filed on 7/6/2021)
July 6, 2021 Filing 1 COMPLAINT CLASS ACTION against Intuitive Surgical, Inc. ( Filing fee $ 402, receipt number 0971-16148534.). Filed byFranciscan Alliance, Inc., King County Public Hospital District No. 1, DBA Valley Medical Center. (Attachments: #1 Civil Cover Sheet)(Zahid, Judith) (Filed on 7/6/2021)

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Plaintiff: Franciscan Alliance, Inc.
Represented By: Judith A. Zahid
Represented By: Heather T. Rankie
Represented By: James S. Dugan
Represented By: Christopher J Bateman
Represented By: Daniel McCuaig
Represented By: Jennifer Duncan Hackett
Represented By: Manuel Juan Dominguez
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Plaintiff: King County Public Hospital District No. 1, DBA Valley Medical Center
Represented By: Judith A. Zahid
Represented By: Christopher J Bateman
Represented By: Daniel McCuaig
Represented By: Jennifer Duncan Hackett
Represented By: Manuel Juan Dominguez
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Defendant: Intuitive Surgical, Inc.
Represented By: Allen Ruby
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