Armacost et al v. Depuy Synthes Sales, Inc. et al
| Alex Armacost, David Garfinkel, Derek Fritts, Dennis Thompson and Scott Hole |
| Synthes, Inc., Synthes USA Sales, LLC, Johnson & Johnson Services, Inc. and Depuy Synthes Sales, Inc. |
| 4:2018cv01331 |
| February 28, 2018 |
| US District Court for the Northern District of California |
| Oakland Office |
| Alameda |
| Yvonne Gonzalez Rogers |
| Labor: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on May 7, 2019. A more recent docket listing may be available from PACER.
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Filing 53
ORDER by Judge Yvonne Gonzalez Rogers granting #52 Stipulation to Dismiss with Prejudice. (fs, COURT STAFF) (Filed on 5/7/2019)
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| Filing 52 STIPULATION WITH PROPOSED ORDER TO DISMISS WITH PREJUDICE PURSUANT TO FRCP 41(a)(1) filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes, Inc., Synthes USA Sales, LLC, Alex Armacost, Derek Fritts, David Garfinkel, Scott Hole and Dennis Thompson. (Donelan, Caroline) (Filed on 5/6/2019) Modified on 5/7/2019 (jmlS, COURT STAFF). |
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Filing 51
ORDER by Judge Yvonne Gonzalez Rogers granting #50 Stipulation to Continue Case Management Conference. Case Management Statement due by 4/29/2019. Further Case Management Conference set for 4/8/2019 is CONTINUED to Monday, 5/6/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. (fs, COURT STAFF) (Filed on 4/5/2019)
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| Filing 50 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc., Alex Amacost, Derek Fritts, David Garfinkel, Scott Hole and Dennis Thompson. (Donelan, Caroline) (Filed on 4/3/2019) Modified on 4/3/2019 (jmlS, COURT STAFF). |
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Filing 49
ORDER by Judge Yvonne Gonzalez Rogers granting #48 Stipulation to Continue Case Management Conference. Case Management Statement due by 4/1/2019. Further Case Management Conference set for 3/11/2019 is CONTINUED to Monday, 4/8/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. (fs, COURT STAFF) (Filed on 3/6/2019)
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| Filing 48 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Joint Status Report filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc., Dennis Thompson, Scott Hole, David Garfinkel, Derek Fritts and Alex Armacost. (Donelan, Caroline) (Filed on 3/4/2019) Modified on 3/5/2019 (jmlS, COURT STAFF). |
| Filing 47 Certification of ADR Session by Mediator Peter Rukin: I hereby certify that the parties in this matter held a Mediation session on 1/29/2019. The case did not settle. Further facilitated discussions are not expected. Mediation is complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (af, COURT STAFF) (Filed on 2/19/2019) |
| Set/Reset Hearing Mediation Hearing set for 1/29/2019 09:30 AM., at the law offices of Rukin Hyland & Riggin LLP, 1939 Harrison Street, Suite 290, Oakland, CA 94612 (af, COURT STAFF) (Filed on 12/5/2018) |
| Filing 46 ADR Clerk's Notice Appointing Peter Rukin as Mediator. (af, COURT STAFF) (Filed on 11/19/2018) |
| Filing 45 ANSWER TO COUNTERCLAIM byDavid Garfinkel. (Saunders, Chad) (Filed on 10/1/2018) |
| Set/Reset Hearing re #44 Pretrial Order Further Case Management Conference set for 3/11/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. Jury Selection set for 11/4/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Trial set for 11/4/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 9/12/2018) |
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Filing 44
CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 9/12/2018. (fs, COURT STAFF) (Filed on 9/12/2018)
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| Filing 43 AMENDED Minute Entry : [Amended to reflect the correct date for filing Joint Pretrial Conference Statement is 10/4/2019] for proceedings held before Judge Yvonne Gonzalez Rogers: Initial Case Management Conference held on 9/10/2018. Case referred to Court mediation to be completed by 2/28/19. Close of Expert Discovery due by 6/7/2019. Close of Fact Discovery due by 4/26/2019. Case Management Statement due by 3/4/2019. Dispositive Motion due by 6/28/2019. Opening Reports due by 5/10/2019. Rebuttal Reports due by 5/24/2019. Further Case Management Conference set for 3/11/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. Joint Pretrial Statement filed 10/4/2019. Pretrial Conference set for Friday, 10/18/2019 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Compliance hearing is set for 9/27/2019 09:01 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Plaintiff to respond to counterclaim in 20 days. Total Time in Court: 30 minutesCourt Reporter: Diane Skillman. (fs, COURT STAFF) (Date Filed: 9/10/2018) |
| Filing 42 Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Initial Case Management Conference held on 9/10/2018. Case referred to Court mediation to be completed by 2/28/19. Close of Expert Discovery due by 6/7/2019. Close of Fact Discovery due by 4/26/2019. Case Management Statement due by 3/4/2019. Dispositive Motion due by 6/28/2019. Opening Reports due by 5/10/2019. Rebuttal Reports due by 5/24/2019. Further Case Management Conference set for 3/11/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor. Joint Pretrial Statement filed **10/4/19**. Pretrial Conference set for Friday, 10/18/2019 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Compliance hearing is set for 9/27/2019 09:01 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Plaintiff to respond to counterclaim in 20 days.Total Time in Court: 30 minutes. Court Reporter: Diane Skillman. (fs, COURT STAFF) (Date Filed: 9/10/2018) Modified on 9/12/2018 (fs, COURT STAFF). |
| Filing 41 JOINT CASE MANAGEMENT STATEMENT (Updated) filed by Alex Armacost, Derek Fritts, David Garfinkel, Scott Hole, Dennis Thompson, Depuy Synthes Sales, Inc., et al(Saunders, Chad) (Filed on 8/31/2018) Modified on 9/1/2018 (cpS, COURT STAFF). |
| Filing 40 Defendants' ANSWER to Complaint and Affirmative Defenses to Plaintiffs Alex Armacost, Derek Fritts, Scott Hole and Dennis Thompson byDepuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 6/21/2018) |
| Filing 39 STATEMENT REGARDING SYNTHES USA SALES, LLC by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Ludwig, Michael) (Filed on 6/15/2018) Modified on 6/18/2018 (cpS, COURT STAFF). |
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Filing 38
ORDER DENYING MOTION TO DISMISS PLAINTIFFS ARAMCOST, FRITTS, HOLE, AND THOMPSON FOR IMPROPER VENUE by Judge Yvonne Gonzalez Rogers denying #22 Motion to Dismiss. Answer due within 14 days of the date of this order. Joint Case Management Statement due by 9/5/2018. Case Management Conference set for 9/10/2018 at 02:00 PM in Oakland, Courtroom 1, 4th Floor. (kcS, COURT STAFF) (Filed on 6/7/2018)
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| Filing 37 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE AND VACATING MOTION HEARING DATE.The Monday, 6/11/18 at 2:00 PM Case Management Conference is VACATED. The Tuesday, 6/12/18 at 2:00 PM Motion to Dismiss hearing is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 6/7/2018) |
| Filing 36 JOINT STIPULATION WITH PROPOSED ORDER TO CONTINUE JUNE 11, 2018 CASE MANAGEMENT CONFERENCE AND JUNE 12, 2018 MOTION HEARING filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc., Alex Armacost, et al. (Donelan, Caroline) (Filed on 6/6/2018) Modified on 6/7/2018 (cpS, COURT STAFF). |
| Filing 35 JOINT CASE MANAGEMENT STATEMENT filed by Alex Armacost, Derek Fritts, David Garfinkel, Scott Hole, Dennis Thompson, Depuy Synthes Sales Inc, et al. (Saunders, Chad) (Filed on 6/4/2018) Modified on 6/4/2018 (cpS, COURT STAFF). |
| Filing 34 STIPULATION WITH PROPOSED ORDER to Continue June 11, 2018 Case Management Conference and Related Deadlines filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc., Alex Armacost, et al. (Donelan, Caroline) (Filed on 5/29/2018) Modified on 5/29/2018 (cpS, COURT STAFF). |
| Filing 33 AMENDED ANSWER to Complaint AND AFFIRMATIVE DEFENSES, COUNTERCLAIM against David Garfinkel ONLY byDepuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 5/22/2018) Modified on 5/23/2018 (cpS, COURT STAFF). |
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Filing 32
ORDER by Judge Yvonne Gonzalez Rogers granting #30 Motion for Pro Hac Vice as to Anthony B. Haller. (fs, COURT STAFF) (Filed on 5/22/2018)
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| Filing 31 REPLY (re #22 MOTION to Dismiss the Claims of Plaintiffs Armacost, Fritts, Hole and Thompson for Improper Venue ) filed byDepuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 5/22/2018) |
| Filing 30 MOTION for leave to appear in Pro Hac Vice Anthony B. Haller ( Filing fee $ 310, receipt number 0971-12369988.) filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Attachments: #1 Certificate of Good Standing)(Haller, Anthony) (Filed on 5/21/2018) |
| Filing 29 ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 5/21/2018) |
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Filing 28
ORDER by Judge Yvonne Gonzalez Rogers granting #27 Motion for Pro Hac Vice as to Frederick G. Sandstrom. (fs, COURT STAFF) (Filed on 5/18/2018)
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| Filing 27 MOTION for leave to appear in Pro Hac Vice Frederick G. Sandstrom ( Filing fee $ 310, receipt number 0971-12361821.) filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Attachments: #1 Certificate of Good Standing)(Sandstrom, Frederick) (Filed on 5/17/2018) |
| Filing 26 ***DISREGARD. INCORRECT EVENT USED. RE-FILED AT DKT. #27 *** NOTICE of Appearance by Frederick Gustaf Sandstrom (Attachments: #1 Certificate of Good Standing)(Sandstrom, Frederick) (Filed on 5/17/2018) Modified on 5/18/2018 (cpS, COURT STAFF). |
| Filing 25 Request for Judicial Notice re #24 Opposition/Response to Motion, filed byAlex Armacost, Derek Fritts, David Garfinkel, Scott Hole, Dennis Thompson. (Related document(s) #24 ) (Saunders, Chad) (Filed on 5/15/2018) |
| Filing 24 OPPOSITION/RESPONSE (re #22 MOTION to Dismiss the Claims of Plaintiffs Armacost, Fritts, Hole and Thompson for Improper Venue ) filed byAlex Armacost, Derek Fritts, David Garfinkel, Scott Hole, Dennis Thompson. (Saunders, Chad) (Filed on 5/15/2018) |
| See dkt. #23 ***Set/Reset Hearing as to #22 MOTION to Dismiss the Claims of Plaintiffs Armacost, Fritts, Hole and Thompson for Improper Venue. Motion Hearing set for 6/12/2018 02:00 PM before Judge Yvonne Gonzalez Rogers. (cpS, COURT STAFF) (Filed on 5/2/2018) |
| Filing 23 NOTICE OF ERRATA re incorrect hearing date re #22 MOTION to Dismiss the Claims of Plaintiffs Armacost, Fritts, Hole and Thompson for Improper Venue by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 5/1/2018) Modified on 5/2/2018 (cpS, COURT STAFF). |
| Filing 22 MOTION to Dismiss the Claims of Plaintiffs Armacost, Fritts, Hole and Thompson for Improper Venue filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. Motion Hearing set for 5/29/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 5/15/2018. Replies due by 5/22/2018. (Attachments: #1 Declaration of Caroline P. Donelan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order)(Donelan, Caroline) (Filed on 5/1/2018) |
| Filing 21 Certificate of Interested Entities by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc. identifying Other Affiliate Johnson & Johnson, Other Affiliate Johnson & Johnson Services, Inc., Other Affiliate Synthes USA Sales, LLC, Other Affiliate Johnson & Johnson International, Other Affiliate DePuy Spine, LLC, Other Affiliate DePuy Spine, LLC, Other Affiliate DePuy Products, Inc., Other Affiliate DePuy Synthes, Inc., Other Affiliate Codman & Shurtleff, Other Affiliate DePuy Synthes USA, LLC, Other Affiliate DePuy Orthopaedics, Inc. for Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 5/1/2018) |
| Filing 20 Defendants' ANSWER to Complaint of Plaintiff David Garfinkel byDepuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (Donelan, Caroline) (Filed on 5/1/2018) |
| Filing 19 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/4/2018. Initial Case Management Conference set for Monday, 6/11/2018 02:00 PM before Judge Hon. Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Standing Order) (fs, COURT STAFF) (Filed on 4/27/2018) |
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Filing 18
ORDER REASSIGNING CASE. Case reassigned to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 4/24/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 4/24/2018)
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| 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. (ig, COURT STAFF) (Filed on 4/17/2018) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc... (Donelan, Caroline) (Filed on 4/17/2018) |
| Filing 15 NOTICE of Appearance by Michael Lester Ludwig (Ludwig, Michael) (Filed on 4/17/2018) |
| Filing 14 SUMMONS Returned Executed by David Garfinkel, Derek Fritts, Alex Armacost, Scott Hole, Dennis Thompson. Synthes, Inc. served on 3/26/2018, answer due 4/16/2018. (Saunders, Chad) (Filed on 4/16/2018) |
| Filing 13 CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/30/2018. (ig, COURT STAFF) (Filed on 4/16/2018) |
| Filing 12 STIPULATION Extending Time to Respond to Complaint filed by Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc., Alex Armacost, Derek Fritts, David Garfinkel, Scott Hole, and Dennis Thompson. (Donelan, Caroline) (Filed on 4/16/2018) Modified on 4/17/2018 (jjbS, COURT STAFF). |
| Filing 11 NOTICE of Appearance by Caroline Donelan (Donelan, Caroline) (Filed on 4/16/2018) |
| Filing 10 SUMMONS Returned Executed by David Garfinkel, Derek Fritts, Alex Armacost, Scott Hole, Dennis Thompson. Synthes USA Sales, LLC served on 3/27/2018, answer due 4/17/2018. (Saunders, Chad) (Filed on 4/9/2018) |
| Filing 9 SUMMONS Returned Executed by David Garfinkel, Derek Fritts, Alex Armacost, Scott Hole, Dennis Thompson. Johnson & Johnson Services, Inc. served on 3/27/2018, answer due 4/17/2018. (Saunders, Chad) (Filed on 4/9/2018) |
| Filing 8 SUMMONS Returned Executed by David Garfinkel, Derek Fritts, Alex Armacost, Scott Hole, Dennis Thompson. Depuy Synthes Sales, Inc. served on 3/27/2018, answer due 4/17/2018. (Saunders, Chad) (Filed on 4/9/2018) Modified on 4/10/2018 (cjlS, COURT STAFF). |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alex Armacost, Derek Fritts, David Garfinkel, Scott Hole, Dennis Thompson.. (Saunders, Chad) (Filed on 3/20/2018) |
| Filing 6 CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/3/2018. (ig, COURT STAFF) (Filed on 3/20/2018) |
| Filing 5 Summons Issued as to Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc.. (cpS, COURT STAFF) (Filed on 3/1/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 5/ 23/2018. Initial Case Management Conference set for 5/30/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cpS, COURT STAFF) (Filed on 3/1/2018) |
| Filing 3 Proposed Summons. (Pyle, Hunter) (Filed on 3/1/2018) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/15/2018. (jmlS, COURT STAFF) (Filed on 3/1/2018) |
| Electronic filing error. Incorrect event used. [err101] The correct event is Proposed Summons. The summons should not be filed as an attachment to the complaint. Please re-file in its entirety. Re:[1-2] Summons, filed by Derek Fritts, Scott Hole, Dennis Thompson, David Garfinkel, Alex Armacost (jmlS, COURT STAFF) (Filed on 3/1/2018) |
| Filing 1 COMPLAINT against Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Synthes USA Sales, LLC, Synthes, Inc. ( Filing fee $ 400, receipt number 0971-12149152.). Filed byDavid Garfinkel, Derek Fritts, Alex Armacost, Scott Hole, Dennis Thompson. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Pyle, Hunter) (Filed on 2/28/2018) |
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