NuVasive, Inc. v. Absolute Medical LLC
| NuVasive, Inc. |
| Absolute Medical LLC |
| Alphatec Spine, Inc., Craig Hunsaker and Patrick Miles |
| 3:2018cv01844 |
| August 6, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Gonzalo P Curiel |
| Mitchell D Dembin |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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Filing 30
ORDER denying #26 Plaintiff's MOTION for Leave to File Additional Briefing Related to Motion for Reconsideration #20 . Having denied the motion for reconsideration, this motion is denied as moot. Signed by Magistrate Judge Mitchell D. Dembin on 1/8/19. (no document attached) (Dembin, Mitchell)
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Filing 29
ORDER denying #20 Motion for Reconsideration re #14 Order on Motion to Compel. Signed by Magistrate Judge Mitchell D. Dembin on 1/8/19. (Dembin, Mitchell)
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| Filing 28 RESPONSE in Opposition re #26 MOTION for Leave to File Additional Briefing Related to Motion for Reconsideration filed by Alphatec Spine, Inc.. (Eastham, Eric) (dlg). |
| Filing 27 NOTICE of Intent to Oppose by Alphatec Spine, Inc. re #26 MOTION for Leave to File Additional Briefing Related to Motion for Reconsideration (Eastham, Eric) (dlg). |
| Filing 26 MOTION for Leave to File Additional Briefing Related to Motion for Reconsideration by NuVasive, Inc.. (Hood, Jeff) (dlg). |
| Filing 25 RESPONSE in Opposition re #20 MOTION for Reconsideration re #14 Order on Motion to Compel,,,,,, Order on Motion to Enforce Out of District Subpoena,, filed by Alphatec Spine, Inc.. (Eastham, Eric) (anh). |
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Filing 24
ORDER: On November 26, 2018, Defendant Alphatec Spine Inc. filed a Notice of Intent to Oppose #23 Plaintiff's Motion for Reconsideration #20 . Alphatec Spine Inc. may submit an opposition on or before December 7, 2018. No replies absent further order of the court. Signed by Magistrate Judge Mitchell D. Dembin on 12/02/2018.(no document attached) (atk)
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| Filing 23 NOTICE of Intent to Oppose Plaintiff Nuvasive, Inc.'s Motion for Reconsideration by Alphatec Spine, Inc. re #20 MOTION for Reconsideration re #14 Order on Motion to Compel,,,,,, Order on Motion to Enforce Out of District Subpoena,, (Eastham, Eric) (dlg). |
| Filing 22 NOTICE of Appearance by Eric J. Eastham on behalf of Alphatec Spine, Inc. (Eastham, Eric)Attorney Eric J. Eastham added to party Alphatec Spine, Inc.(pty:3pd) (dlg). |
| Filing 21 NOTICE of Appearance by Micha Danzig on behalf of Alphatec Spine, Inc. (Danzig, Micha)Attorney Micha Danzig added to party Alphatec Spine, Inc.(pty:3pd) (dlg). |
| Filing 20 MOTION for Reconsideration re #14 Order on Motion to Compel, Order on Motion to Enforce Out of District Subpoena, by NuVasive, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Thomas McFarland, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proof of Service)(Gardina-Quintanilla, Amber). (jah). |
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Filing 19
ORDER denying #15 MOTION for Sanctions (Recovery of Fees) by Craig Hunsaker, Patrick Miles. Signed by Magistrate Judge Mitchell D. Dembin on 11/20/18. (Dembin, Mitchell)
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| Filing 18 RESPONSE in Opposition re #15 MOTION for Sanctions (Recovery of Fees) filed by NuVasive, Inc.. (Attachments: #1 Declaration of Thomas McFarland, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proof of Service)(Hood, Jeff) (dlg). |
| Filing 17 NOTICE OF WITHDRAWAL OF DOCUMENT by NuVasive, Inc. re #16 Response in Opposition to Motion, filed by NuVasive, Inc. . (Attachments: #1 Proof of Service)(Hood, Jeff) (dlg). |
| Filing 16 *** WITHDRAWN PER ECF 17 *** RESPONSE in Opposition re #15 MOTION for Sanctions (Recovery of Fees) filed by NuVasive, Inc.. (Attachments: #1 Declaration of Thomas McFarland, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proof of Service)(Gardina-Quintanilla, Amber) qc email, incorrect filer. Attorney should withdraw and refile with proper signature (dlg). Modified on 11/20/2018 (dlg). |
| Filing 15 MOTION for Sanctions (Recovery of Fees) by Craig Hunsaker, Patrick Miles. (Attachments: #1 Declaration of Keith Cochran ISO Motion for Recovery of Fees, #2 Exhibit A)(McGeady, Joseph)Attorney Joseph L. McGeady added to party Craig Hunsaker(pty:3pd), Attorney Joseph L. McGeady added to party Patrick Miles(pty:3pd) (dlg). |
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Filing 14
ORDER denying Plaintiff's Motions #2 , #9 , and #10 . Plaintiffs Motions to Compel are DENIED. The subject subpoenas are quashed. The Court invites Mr. Cochran, on behalf of Mr. Miles and Mr. Hunsaker, to submit a new motion for recovery of fees reflecting his actual time. That motion, should Mr. Cochran and his clients decide to file it, must be filed within two weeks of the date of this Order. Plaintiff will have one week to file any opposition. Signed by Magistrate Judge Mitchell D. Dembin on 10/26/2018. (amm)
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| Filing 13 RESPONSE in Opposition re #9 MOTION to Compel Compliance With Subpoena To Nonparty Craig Hunsaker filed by Craig Hunsaker. (Attachments: #1 Declaration K. Cochran's Decl. ISO C. Hunsakers Opposition to NuVasive's MTC Compliance, #2 Exhibit Exhibits A-B to Cochran Declaration, #3 Declaration C. Hunsaker Declaration ISO Opposition to NuVasive's MTC Compliance, #4 Exhibit Exhibit A to Hunsaker Declaration)(Cochran, Keith) (dlg). |
| Filing 12 RESPONSE in Opposition re #10 MOTION to Compel Compliance With Subpoena To Nonparty Patrick Miles filed by Patrick Miles. (Attachments: #1 Declaration K. Cochran's Decl. ISO P. Miles' Opposition to NuVasive's MTC Compliance, #2 Exhibit Exhibits A-D to Cochran Declaration, #3 Declaration P. Miles Declaration ISO Opposition to NuVasive's MTC, #4 Exhibit Exhibit A to Miles Declaration)(Cochran, Keith) (dlg). |
| Filing 11 RESPONSE in Opposition re #2 MOTION to Enforce Out of District Subpoena filed by Alphatec Spine, Inc.. (Attachments: #1 Declaration K. Cochran's Decl. ISO Alphatecs Opposition to NuVasive's MTC Compliance, #2 Exhibit Exhibits A-B)(Cochran, Keith) (dlg). |
| Filing 10 MOTION to Compel Compliance With Subpoena To Nonparty Patrick Miles by NuVasive, Inc.. (Attachments: #1 Memo of Points and Authorities In Support Of Motion To Compel Compliance With Subpoena To Nonparty Patrick Miles, #2 Declaration Of Thomas McFarland In Support Of Nuvasive's Motion To Compel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proof of Service)(Gardina-Quintanilla, Amber) (dlg). |
| Filing 9 MOTION to Compel Compliance With Subpoena To Nonparty Craig Hunsaker by NuVasive, Inc.. (Attachments: #1 Memo of Points and Authorities In Support Of Motion To Compel Compliance With Subpoena To Nonparty Craig Hunsaker, #2 Declaration Of Thomas McFarland In Support Of Nuvasive's Motion To Compel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Proof of Service)(Gardina-Quintanilla, Amber) (dlg). |
| Filing 8 CERTIFICATE OF SERVICE by NuVasive, Inc. re #4 Order Setting Briefing Schedule, (Gardina-Quintanilla, Amber) (dlg). |
| Filing 7 NOTICE OF WITHDRAWAL OF DOCUMENT by NuVasive, Inc. re #6 Certificate of Service filed by NuVasive, Inc. . (Gardina-Quintanilla, Amber) (dlg). |
| Filing 6 *** WITHDRAWN PER ECF 7 *** CERTIFICATE OF SERVICE by NuVasive, Inc. re #4 Order Setting Briefing Schedule, (Gardina-Quintanilla, Amber) qc email re incorrect PDF attached. Attorney should refile with correct pdf and withdraw (dlg). Modified on 8/15/2018 (dlg). |
| Filing 5 Fee for Civil Case Opening: $ 400, receipt number 0974-11559376, Paid on 8/14/2018. (no document attached) (Gardina-Quintanilla, Amber) (dlg). |
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Filing 4
ORDER Requiring Response from Non-Party Alphatec Spine Inc. to Plaintiff's Motion to Compel. Plaintiff shall serve a copy of this Order upon Alphatec Spine, Inc. within five days from the date of this Order and file a proper certificate of service. Signed by Magistrate Judge Mitchell D. Dembin on 8/14/18.(dlg)
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| Filing 3 NOTICE of Appearance of Amber Gardina-Quintanilla, Counsel for Plaintiff Nuvasive, Inc. by Amber Gardina-Quintanilla on behalf of NuVasive, Inc. (Gardina-Quintanilla, Amber)Attorney Amber Gardina-Quintanilla added to party NuVasive, Inc.(pty:pla) (dlg). |
| Filing 2 MOTION to Enforce Out of District Subpoena by NuVasive, Inc. (jrm) (jao). |
| Filing 1 MOTION TO ENFORCE OUT OF DISTRICT SUBPOENA against Absolute Medical LLC ( Filing fee $ 400 FEE DUE), filed by NuVasive, Inc. (Attachments: #1 civil cover sheet, #2 Declaration, #3 Memo of Points and Authorities, #4 Declaration, #5 Memo of Points and Authorities, #6 Declaration)The new case number is 3:18-cv-1844-GPC-MDD. Judge Gonzalo P. Curiel and Magistrate Judge Mitchell D. Dembin are assigned to the case.(jrm) (jao). |
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