Nevro Corp. v. Flathead Partners, LLC et al
Nevro Corp. |
Flathead Partners, LLC f/k/a Venturi Group LLC, Mayo Foundation For Medical Education and Research and Mayo Clinic Ventures f/k/a Mayo Medical Ventures |
3:2022cv04169 |
July 15, 2022 |
US District Court for the Northern District of California |
Jacqueline Scott Corley |
Contract: Other |
28 U.S.C. § 1330 Breach of Contract |
None |
Docket Report
This docket was last retrieved on July 27, 2022. A more recent docket listing may be available from PACER.
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Filing 46 NOTICE of Voluntary Dismissal WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(i) by Nevro Corp. (Anderson, David) (Filed on 7/27/2022) |
Filing 45 Notice of Withdrawal of Motion re #24 NEVRO CORP.S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Anderson, David) (Filed on 7/26/2022) |
Filing 44 STIPULATION JOINT STIPULATION TO RESOLVE NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by Nevro Corp.. (Anderson, David) (Filed on 7/26/2022) |
Filing 43 ORDER by Judge Jacqueline Scott Corley granting #42 Motion for Pro Hac Vice as to Elizabeth Flanagan. (ahm, COURT STAFF) (Filed on 7/22/2022) |
Filing 42 MOTION for leave to appear in Pro Hac Vice of Elizabeth Flanagan ( Filing fee $ 317, receipt number ACANDC-17375044.) filed by Mayo Clinic Ventures, Mayo Foundation For Medical Education and Research. (Flanagan, Elizabeth) (Filed on 7/22/2022) |
Filing 41 ORDER by Judge Jacqueline Scott Corley granting #39 Motion for Pro Hac Vice as to Joseph Warden. (ahm, COURT STAFF) (Filed on 7/22/2022) |
Filing 40 ORDER by Judge Jacqueline Scott Corley granting #31 Stipulation to modify the date of the hearing on Nevro's Motion for TRO. (ahm, COURT STAFF) (Filed on 7/22/2022) |
Filing 39 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17373589.) filed by Mayo Clinic Ventures, Mayo Foundation For Medical Education and Research. (Warden, Joseph) (Filed on 7/22/2022) |
Set/Reset Deadlines as to #24 Ex Parte MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1]. Motion Hearing reset for 7/27/2022 at 10:00 a.m. before Judge Jacqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 7/26/2022.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/. (ahm, COURT STAFF) (Filed on 7/22/2 022) |
Filing 38 CERTIFICATE OF SERVICE by Nevro Corp. re #35 Administrative Motion to File Under Seal PLAINTIFF NEVRO CORP.S ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED (Armbrust, Sheila) (Filed on 7/21/2022) |
Filing 37 Declaration of THOMAS A. BROUGHAN III in Support of #36 Brief PLAINTIFF NEVRO CORP.S MEMORANDUM RE: SUBJECT MATTER JURISDICTION filed byNevro Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8 (Filed Under Seal), #9 Exhibit 9 (Filed Under Seal), #10 Exhibit 10 (Filed Under Seal), #11 Exhibit 11 (Filed Under Seal))(Related document(s) #36 ) (Broughan, Thomas) (Filed on 7/21/2022) |
Filing 36 Brief PLAINTIFF NEVRO CORP.S MEMORANDUM RE: SUBJECT MATTER JURISDICTION filed byNevro Corp.. (Broughan, Thomas) (Filed on 7/21/2022) |
Filing 35 Administrative Motion to File Under Seal PLAINTIFF NEVRO CORP.S ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED filed by Nevro Corp.. (Attachments: #1 Proposed Order, #2 PLAINTIFF NEVRO CORP.S MEMORANDUM RE: SUBJECT MATTER JURISDICTION (Redacted), #3 PLAINTIFF NEVRO CORP.S MEMORANDUM RE: SUBJECT MATTER JURISDICTION (Unredacted - Confidential), #4 Exhibit 2 (Confidential), #5 Exhibit 3 (Confidential), #6 Exhibit 4 (Confidential), #7 Exhibit 5 (Confidential), #8 Exhibit 6 (Confidential), #9 Exhibit 7 (Confidential), #10 Exhibit 8 (Confidential), #11 Exhibit 9 (Confidential), #12 Exhibit 10 (Confidential), #13 Exhibit 11 (Confidential))(Armbrust, Sheila) (Filed on 7/21/2022) |
Filing 34 OPPOSITION/RESPONSE (re #24 Ex Parte MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1] ) (REDACTED) filed by Flathead Partners, LLC and filed byMayo Clinic Ventures, Mayo Foundation For Medical Education and Research. (Attachments: #1 Declaration REDACTED Declaration of Nelson, #2 Exhibit REDACTED Ex 1 to Declaration of Nelson, #3 Exhibit Ex 2 to Declaration of Nelson, #4 Declaration Declaration of Flanagan, #5 Exhibit Ex 1 to Declaration of Flanagan, #6 Exhibit Ex 2 to Declaration of Flanagan)(Farrell, John) (Filed on 7/21/2022) |
Filing 33 CERTIFICATE OF SERVICE by Mayo Clinic Ventures, Mayo Foundation For Medical Education and Research re #32 Administrative Motion to File Under Seal filed by Flathead Partners, LLC and (Farrell, John) (Filed on 7/21/2022) |
Filing 32 Administrative Motion to File Under Seal filed by Flathead Partners, LLC and filed by Mayo Clinic Ventures, Mayo Foundation For Medical Education and Research. (Attachments: #1 Declaration of Flanagan, #2 Proposed Order, #3 REDACTED Opposition To Plaintiffs Ex Parte Motion For Temporary Restraining Order And Preliminary Injunction, #4 UNREDACTED Opposition To Plaintiffs Ex Parte Motion For Temporary Restraining Order And Preliminary Injunction, #5 Declaration REDACTED Nelson Declaration, #6 Declaration UNREDACTED Nelson Declaration, #7 Exhibit REDACTED Ex 1 to Nelson Declaration, #8 Exhibit UNREDACTED Ex 1 to Nelson Declaration)(Farrell, John) (Filed on 7/21/2022) |
Filing 31 STIPULATION WITH PROPOSED ORDER TO MODIFY DATE OF HEARING ON PLAINTIFF NEVRO CORP.S MOTION FOR TRO filed by Nevro Corp.. (Attachments: #1 Declaration OF SHEILA A.G. ARMBRUST IN SUPPORT OF STIPULATION TO MODIFY DATE OF HEARING ON PLAINTIFF NEVRO CORP.S MOTION FOR TRO, #2 Proposed Order)(Armbrust, Sheila) (Filed on 7/21/2022) |
Filing 30 NOTICE of Appearance by John Michael Farrell for Defendants Mayo Foundation for Medical Education and Research, and Mayo Clinic Ventures (Farrell, John) (Filed on 7/21/2022) |
Filing 29 NOTICE of Appearance by James Warren Beard for Flathead Partners, LLC (Beard, James) (Filed on 7/21/2022) |
Filing 28 CERTIFICATE OF SERVICE re #22 Administrative Motion to File Under Seal, #23 Administrative Motion to File Under Seal, #24 Ex Parte MOTION for Temporary Restraining Order and Preliminary Injunction by Nevro Corp. (Broughan, Thomas) (Filed on 7/20/2022) Modified on 7/20/2022 (mcl, COURT STAFF). |
Filing 27 ORDER RE: TRO APPLICATION. Signed by Judge Jacqueline Scott Corley on 7/20/2022. (ahm, COURT STAFF) (Filed on 7/20/2022) |
Filing 26 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Judge Charles R. Breyer 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 Clerk on 07/20/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 7/20/2022) |
Filing 25 ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 7/20/2022. (ls, COURT STAFF) (Filed on 7/20/2022) |
Set/Reset Deadlines as to #24 Ex Parte MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1]. Responses due by 7/21/2022. Motion Hearing set for 7/22/2022 at 2:00 p.m. before Judge Jacqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 9:00 a.m. on 7/22/2022.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/. (ahm , COURT STAFF) (Filed on 7/20/2022) |
#Electronic filing error. Document not properly linked. [err102]Corrected by Clerk's Office. No further action is necessary. Re: #28 Certificate of Service, filed by Nevro Corp. (mcl, COURT STAFF) (Filed on 7/20/2022) |
Filing 24 Ex Parte MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1] filed by Nevro Corp.. (Attachments: #1 Complaint (Redacted), #2 Proposed Order, #3 Declaration OF KINDON OLSEN IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Redacted), #4 Exhibit 1 (Redacted), #5 Exhibit 2, #6 Exhibit 3 (Confidential - Filed Under Seal), #7 Exhibit 4 (Confidential - Filed Under Seal), #8 Exhibit 5 (Confidential - Filed Under Seal), #9 Exhibit 6 (Confidential - Filed Under Seal), #10 Exhibit 7 (Confidential - Filed Under Seal), #11 Exhibit 8 (Confidential - Filed Under Seal), #12 Exhibit 9 (Confidential - Filed Under Seal), #13 Declaration OF KONSTANTINOS ALATARIS IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Redacted), #14 Declaration OF DAVID L. ANDERSON IN SUPPORT OF PLAINTIFF NEVRO CORP.S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION)(Anderson, David) (Filed on 7/19/2022) |
Filing 23 Administrative Motion to File Under Seal PLAINTIFF NEVRO CORP.S ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED filed by Nevro Corp.. (Greenblatt, Nathan) (Filed on 7/19/2022) |
Filing 22 Administrative Motion to File Under Seal filed by Nevro Corp.. (Attachments: #1 Declaration OF NATHAN A. GREENBLATT IN SUPPORT OF PLAINTIFF NEVRO CORP.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL, #2 Proposed Order, #3 PLAINTIFF NEVRO CORP.S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1] (Redacted), #4 PLAINTIFF NEVRO CORP.S EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION [FRCP 65(B); LOCAL RULE 65-1] (Unredacted - Confidential), #5 Complaint (Redacted), #6 Complaint (Unredacted - Confidential), #7 Declaration OF KINDON OLSEN IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Redacted), #8 Declaration OF KINDON OLSEN IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Unredacted - Confidential), #9 Exhibit 1 (Redacted), #10 Exhibit 1 (Unredacted - Confidential), #11 Exhibit 3 (Confidential), #12 Exhibit 4 (Confidential), #13 Exhibit 5 (Confidential), #14 Exhibit 6 (Confidential), #15 Exhibit 7 (Confidential), #16 Exhibit 8 (Confidential), #17 Exhibit 9 (Confidential), #18 Declaration OF KONSTANTINOS ALATARIS IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Redacted), #19 Declaration OF KONSTANTINOS ALATARIS IN SUPPORT OF NEVRO CORP.S MOTION FOR TEMPORARY RESTRAINING ORDER (Unredacted - Confidential))(Greenblatt, Nathan) (Filed on 7/19/2022) |
Filing 21 ORDER by Judge Charles R. Breyer: Granting #11 Motion for Pro Hac Vice, Thomas A. Broughan III. (ls, COURT STAFF) (Filed on 7/18/2022) |
Filing 20 ORDER by Judge Charles R. Breyer: Granting #10 Motion for Pro Hac Vice, Ching-Lee Fukuda. (ls, COURT STAFF) (Filed on 7/18/2022) |
Filing 19 ORDER by Judge Charles R. Breyer: Granting #9 Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 7/18/2022) |
Filing 18 ORDER by Judge Charles R. Breyer: Granting #8 Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 7/18/2022) |
Filing 17 Summons Issued as to Flathead Partners, LLC, Mayo Clinic Ventures, Mayo Foundation For Medical Education and Research. (Attachments: #1 Mayo Foundation for Medical Education and Research, #2 Mayo Clinic Ventures)(mcl, COURT STAFF) (Filed on 7/18/2022) |
Filing 16 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 10/14/2022. Initial Case Management Conference set for 10/21/2022 08:30 AM. (Attachments: #1 Notice of Eligibility for Video Recording)(mcl, COURT STAFF) (Filed on 7/18/2022) |
Filing 15 Case assigned to Judge Charles R. Breyer. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (mbc, COURT STAFF) (Filed on 7/18/2022) |
#Electronic filing error. The County Code in the case opening screen has been corrected to San Mateo (as shown in the Civil Cover Sheet) and not San Francisco as it refers to plaintiff's county of residence. Filer is also reminded to enter jury demand on the screen. Corrected by Clerk's Office. No further action is necessary. Re:[2-3] Civil Cover Sheet, filed by Nevro Corp. (mcl, COURT STAFF) (Filed on 7/18/2022) |
#Electronic filing error. Parties' names have been corrected. F/K/As should not be entered as part of the name. Corrected by Clerk's Office. No further action is necessary. Re: #2 Complaint, filed by Nevro Corp. (mcl, COURT STAFF) (Filed on 7/18/2022) |
Filing 14 REPORT on the filing or determination of an action regarding REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK (cc: form mailed to register). (Anderson, David) (Filed on 7/15/2022) |
Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nevro Corp... (Anderson, David) (Filed on 7/15/2022) |
Filing 12 Corporate Disclosure Statement by Nevro Corp. PURSUANT TO FED. R. CIV. P. 7.1 AND CERTIFICATION OF INTERESTED ENTITIES OR PERSONS PURSUANT TO CIVIL L.R. 3-15 (Anderson, David) (Filed on 7/15/2022) |
Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17357091.) filed by Nevro Corp.. (Broughan, Thomas) (Filed on 7/15/2022) |
Filing 10 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17357087.) filed by Nevro Corp.. (Fukuda, Ching-Lee) (Filed on 7/15/2022) |
Filing 9 Administrative Motion to File Under Seal PLAINTIFF NEVRO CORP.S ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED filed by Nevro Corp.. (Greenblatt, Nathan) (Filed on 7/15/2022) |
Filing 8 Administrative Motion to File Under Seal filed by Nevro Corp.. (Attachments: #1 Declaration OF NATHAN A. GREENBLATT IN SUPPORT OF PLAINTIFF NEVRO CORP. ADMINISTRATIVE MOTION TO FILE UNDER SEAL, #2 COMPLAINT [REDACTED], #3 COMPLAINT [UNREDACTED - CONFIDENTIAL], #4 Exhibit 1 [REDACTED], #5 Exhibit 1 [UNREDACTED - CONFIDENTIAL], #6 Proposed Order)(Greenblatt, Nathan) (Filed on 7/15/2022) |
Filing 7 NOTICE of Appearance by Nathan A. Greenblatt (Greenblatt, Nathan) (Filed on 7/15/2022) |
Filing 6 NOTICE of Appearance by Sheila Anil Gogate Armbrust (Armbrust, Sheila) (Filed on 7/15/2022) |
Filing 5 Proposed Summons. (Anderson, David) (Filed on 7/15/2022) |
Filing 4 Proposed Summons. (Anderson, David) (Filed on 7/15/2022) |
Filing 3 Proposed Summons. (Anderson, David) (Filed on 7/15/2022) |
Filing 2 COMPLAINT [Correction of Docket 1] (Redacted) against Flathead Partners, LLC f/k/a Venturi Group LLC, Mayo Clinic Ventures f/k/a Mayo Medical Ventures, Mayo Foundation For Medical Education and Research. Filed byNevro Corp.. (Attachments: #1 Exhibit 1 [Redacted], #2 Exhibit 2, #3 Civil Cover Sheet)(Anderson, David) (Filed on 7/15/2022) |
Filing 1 * ERRONEOUS ENTRY. * COMPLAINT (Redacted) against Nevro Corp. ( Filing fee $ 402, receipt number ACANDC-17356966.). Filed byNevro Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Anderson, David) (Filed on 7/15/2022) Modified on 7/18/2022 (mcl, COURT STAFF). |
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