Kaleida Health v. Intuitive Surgical Inc.
| Kaleida Health |
| Intuitive Surgical Inc. |
| 3:2021cv05266 |
| July 8, 2021 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Vince Chhabria |
| Kandis A Westmore |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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Filing 29
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)
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Filing 28
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)
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| Filing 27 STIPULATION WITH PROPOSED ORDER REGARDING CONSOLIDATION OF RELATED ACTIONS filed by Kaleida Health. (Sweeney, Bonny) (Filed on 8/20/2021) |
| Filing 26 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) |
| Filing 25 CLERK'S NOTICE RESCHEDULING MOTION HEARING to 9/30/2021, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL RE #24 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) |
| Filing 24 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) |
| Filing 23 STIPULATION WITH PROPOSED ORDER Regarding Case Schedule filed by Kaleida Health. (Sweeney, Bonny) (Filed on 8/13/2021) |
| Filing 22 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) |
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Filing 21
Order by Judge Vince Chhabria granting #13 Motion for Pro Hac Vice - Clark.(knmS, COURT STAFF) (Filed on 8/13/2021)
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Filing 20
Order by Judge Vince Chhabria granting #12 Motion for Pro Hac Vice - Bruckner.(knmS, COURT STAFF) (Filed on 8/13/2021)
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| CASE REFERRED to Magistrate Judge Laurel Beeler for Discovery (ahm, COURT STAFF) (Filed on 8/12/2021) |
| Filing 19 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). |
| Filing 18 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) |
| Filing 17 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) |
| Filing 16 NOTICE of Appearance by Allen Ruby (Ruby, Allen) (Filed on 8/11/2021) |
| Filing 15 CASE MANAGEMENT STATEMENT (Joint) filed by Kaleida Health. (Attachments: #1 Exhibit A - Comparison of Plaintiffs and Defendants Proposed Schedules)(Sweeney, Bonny) (Filed on 8/4/2021) |
| Filing 14 Certificate of Interested Entities by Kaleida Health (Sweeney, Bonny) (Filed on 8/4/2021) |
| Filing 13 MOTION for leave to appear in Pro Hac Vice by Brian D. Clark ( Filing fee $ 317, receipt number 0971-16233659.) filed by Kaleida Health. (Clark, Brian) (Filed on 7/30/2021) |
| Filing 12 MOTION for leave to appear in Pro Hac Vice by W. Joseph Bruckner ( Filing fee $ 317, receipt number 0971-16233610.) filed by Kaleida Health. (Bruckner, W.) (Filed on 7/30/2021) |
| Filing 11 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) |
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Filing 10
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)
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| Filing 9 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 10/13/2021. Initial Case Management Conference set for 10/20/2021, 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: b> 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, October 14th, 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/.> /p> (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxsS, COURTSTAFF) (Filed on 7/13/2021) |
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Filing 8
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. Magistrate Judge Kandis A. Westmore 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 7/13/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/13/2021)
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| Filing 7 Summons Issued as to Intuitive Surgical Inc.. (fabS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/5/2021. Initial Case Management Conference set for 10/12/2021 01:30 PM in Oakland, - To be determined. (fabS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 5 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. (amgS, COURT STAFF) (Filed on 7/12/2021) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kaleida Health.. (Sweeney, Bonny) (Filed on 7/9/2021) |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 7/22/2021. (asS, COURT STAFF) (Filed on 7/8/2021) |
| Filing 2 Proposed Summons. (Sweeney, Bonny) (Filed on 7/8/2021) |
| Filing 1 COMPLAINT and Jury Demand against Intuitive Surgical Inc. ( Filing fee $ 402, receipt number 0971-16156210.). Filed byKaleida Health. (Attachments: #1 Civil Cover Sheet)(Sweeney, Bonny) (Filed on 7/8/2021) |
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| Plaintiff: Kaleida Health | |
| Represented By: | Bonny E. Sweeney |
| Represented By: | Brian D Clark |
| Represented By: | W. Joseph Bruckner |
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| Defendant: Intuitive Surgical Inc. | |
| Represented By: | Allen Ruby |
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