Vivos Therapeutics v. Ortho-Tain
| VIVOS THERAPEUTICS, INC. |
| ORTHO-TAIN, INC. |
| 21-1309 |
| September 8, 2021 |
| U.S. Court of Appeals, Tenth Circuit |
| Antitrust |
Docket Report
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This docket was last retrieved on July 13, 2022. A more recent docket listing may be available from PACER.
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[10926577] Mandate issued. [21-1309] [Entered: 07/13/2022 03:46 PM]
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[10921082] Reversed and Remanded ;Terminated on the merits after submissions without oral hearing;Written, signed, unpublished. Judges Bacharach, Baldock and Eid (author) . Mandate to issue. [21-1309] [Entered: 06/21/2022 10:34 AM]
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[10921081] Order filed by Judges Bacharach, Baldock and Eid - granting in part and denying in part motion to dismiss case filed by Appellee Vivos Therapeutics, Inc. As contained in the court's final order. Text only entry - no attachment. [21-1309] [Entered: 06/21/2022 10:31 AM]
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[10886374] Paper copies of appellant's reply brief received from Ortho-Tain, Inc. [21-1309] [Entered: 01/18/2022 11:39 AM]
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[10885557] Minute order filed - the reply brief submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellant's reply brief due 01/21/2022 by Ortho-Tain, Inc.. (Text Only - No Attachment) [21-1309] [Entered: 01/13/2022 07:43 AM]
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[10885528] Appellant/Petitioner's reply brief filed by Ortho-Tain, Inc.. Served on 01/12/2022. Manner of Service: email. Word/page count: 5299. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 01/12/2022 05:40 PM]
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[10883513] Entry of appearance filed by Kathleen Guilfoyle for Vivos Therapeutics, Inc.. CERT. OF INTERESTED PARTIES: n. Served on 01/04/2022. Manner of Service: email. --[Edited 01/04/2022 by SDS to attach pdf to entry] [21-1309] [Entered: 01/04/2022 01:03 PM]
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[10883499] Entry of appearance submitted by Kathleen Guilfoyle for Appellee Vivos Therapeutics, Inc. for court review. Certificate of Interested Parties: No. Served on 01/04/2022. Manner of Service: email. --[Edited 01/04/2022 by SDS to remove pdf from entry as the pleading has been filed] [21-1309] KG [Entered: 01/04/2022 12:36 PM]
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[10882861] Paper copies of appellee's response brief received from Vivos Therapeutics, Inc.. [21-1309] [Entered: 12/30/2021 11:43 AM]
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[10881578] Minute order filed - the brief submitted by appellee is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Appellant's optional reply brief now due 01/12/2022 for Ortho-Tain, Inc. Paper copies of appellee brief due 01/03/2022 by Vivos Therapeutics, Inc. (Text Only - No Attachment) [21-1309] [Entered: 12/23/2021 08:03 AM]
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[10881565] Appellee/Respondent's brief filed by Vivos Therapeutics, Inc.. Served on: 12/22/2021. Manner of service: email. Oral argument requested? No. Word/page count: 9011. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] MAG [Entered: 12/22/2021 05:40 PM]
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[10876220] Paper copies of appellant's brief and appendix received from Ortho-Tain, Inc. [21-1309] [Entered: 12/01/2021 03:21 PM]
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[10875246] Notice of deficient paper copies of appellant's appendix received from Ortho-Tain, Inc. See attached letter for specifics. Corrected paper copy of appendix due 12/02/2021. [21-1309] [Entered: 11/29/2021 12:49 PM]
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[10874806] Order filed by Clerk of the Court granting Attorney Nicholas R. Peppler's motion to withdraw as attorney. Attorneys Alec Paul Harris and Michael A. Gehret remain as counsel for the appellee. Served on 11/24/2021. [21-1309] [Entered: 11/24/2021 12:00 PM]
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[10874779] Motion filed by Appellee Vivos Therapeutics, Inc. for attorney Nicholas R. Peppler to withdraw as counsel. Served on: 11/24/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NRP [Entered: 11/24/2021 11:24 AM]
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[10874239] Minute order filed - the brief and appendix submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellee's brief now due 12/22/2021 for Vivos Therapeutics, Inc.. Paper copies of appellant's brief and appendix due 12/02/2021 by Ortho-Tain, Inc.. (Text Only - No Attachment) [21-1309] [Entered: 11/23/2021 08:34 AM]
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[10874178] Appellant/Petitioner's brief filed by Ortho-Tain, Inc.. Served on 11/22/2021 by email. Oral argument requested? No. Word/page count: 12234. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 11/22/2021 05:46 PM]
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[10874180] Appellant's appendix filed by Ortho-Tain, Inc.. Total number of volumes filed: 1. Served on 11/22/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 11/22/2021 05:48 PM]
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[10874061] Notice of appellant's deficient brief and appendix received from Ortho-Tain, Inc.. Type of deficiencies for brief: no oral argument statement on the cover of the brief; the brief is scanned; no ceritificate of service; no attachments in the actual brief entry. Type of deficiencies for appendix: insufficient bookmarks; scanned; no cover page; the Table of Contents shall not be a separate attachment and also the cover page. The brief attachments to this appendix need to be in the brief CMECF entry. See attached letter for specifics. Appellant's brief and appendix due on 11/29/2021 for Ortho-Tain, Inc.. [21-1309] [Entered: 11/22/2021 01:24 PM]
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This entry has been removed from the docket. [lg] this was cited as deficient. A new appendix has now been filed. [10874037] Appellant's appendix filed by Ortho-Tain, Inc.. Total number of volumes filed: 1. Served on 11/22/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 11/22/2021 12:29 PM]
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This entry has been removed from the docket. [lg] This was cited as deficient. A corrected brief has now been filed. [10874032] Appellant/Petitioner's brief filed by Ortho-Tain, Inc.. Served on 11/22/2021 by email. Oral argument requested? No. Word/page count: 12228. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 11/22/2021 12:25 PM]
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| [10864416] Order filed by Clerk of the Court referring Appellee's Motion to Dismiss for Lack of Jurisdiction, Appellant's Response, and Appellee's Reply to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time) [ # 10859566-2 ] [ # 10861059-2 ] [ # 10862735-2 ]. Appellant's brief and appendix are due on 11/22/2021 for Ortho-Tain, Inc. Served on 10/12/2021. [21-1309] [Entered: 10/12/2021 02:09 PM] |
| [10862735] Reply filed by Vivos Therapeutics, Inc. to Appellee's Motion to Dismiss. Served on 10/04/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] MAG [Entered: 10/04/2021 05:35 PM] |
| [10861059] Response filed by Ortho-Tain, Inc. to Appellee's Motion to Dismiss Appeal for Lack of Jurisdiction. Served on 09/27/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] NIN [Entered: 09/27/2021 10:58 PM] |
| [10859576] Entry of appearance filed by Mr. Michael A. Gehret for Vivos Therapeutics, Inc.. CERT. OF INTERESTED PARTIES: y. Served on 09/21/2021. Manner of Service: email [21-1309] [Entered: 09/22/2021 07:34 AM] |
| [10859677] Order filed by Clerk of the Court - Appellant is directed to file any response to Appellees motion to dismiss on or before October 5, 2021. Briefing on the merits is suspended pending further order of this court. See order for details. Served on 09/22/2021. [21-1309] [Entered: 09/22/2021 10:40 AM] |
| [10859334] Minute order filed - Notice due that record is complete by 09/28/2021 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [21-1309] [Entered: 09/21/2021 11:50 AM] |
| [10859340] Entry of appearance filed by Nathan Issac Neff for Ortho-Tain, Inc.. CERT. OF INTERESTED PARTIES: y. Served on 09/21/2021. Manner of Service: email [21-1309] [Entered: 09/21/2021 12:01 PM] |
| [10859330] Docketing statement filed by Ortho-Tain, Inc.. Served on 09/21/2021. Manner of Service: email. [21-1309] NIN [Entered: 09/21/2021 11:45 AM] |
| [10859327] Notice received from Ortho-Tain, Inc. that a transcript is not necessary for this appeal. Served on: 09/21/2021. Manner of Service: email [21-1309] NIN [Entered: 09/21/2021 11:44 AM] |
| [10859326] Entry of appearance submitted by Nathan I. Neff for Appellant Ortho-Tain, Inc. for court review. Certificate of Interested Parties: Yes. Served on 09/21/2021. Manner of Service: email. [21-1309]--[Edited 09/21/2021 by LG to remove PDF from entry, as pleading was filed on 9/21/2021] NIN [Entered: 09/21/2021 11:42 AM] |
| [10859379] Filed notice record is complete. Served on 09/21/2021. Appellant's brief and appendix due on 11/01/2021 for Ortho-Tain, Inc. [text only entry] [21-1309] [Entered: 09/21/2021 01:09 PM] |
| [10859566] Motion filed by Appellee Vivos Therapeutics, Inc. to dismiss case. Served on: 09/21/2021. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1309] MAG [Entered: 09/21/2021 08:19 PM] |
| [10859600] Entry of appearance filed by Mr. Alec Paul Harris and Nicholas Ryan Peppler for Vivos Therapeutics, Inc. CERT. OF INTERESTED PARTIES: y (previously disclosed). Served on 09/21/2021. Manner of Service: email. [21-1309] [Entered: 09/22/2021 08:42 AM] |
| [10859560] Entry of appearance submitted by Alec P. Harris and Nicholas R. Peppler for Appellee Vivos Therapeutics, Inc. for court review. Certificate of Interested Parties: Yes. Served on 09/21/2021. Manner of Service: email. --[Edited 09/22/2021 by SDS to remove pdf from entry as the pleading has been filed] [21-1309] APH [Entered: 09/21/2021 06:30 PM] |
| [10859562] Corporate disclosure statement filed by Vivos Therapeutics, Inc.. [21-1309] APH [Entered: 09/21/2021 06:52 PM] |
| [10859561] Entry of appearance submitted by Michael A. Gehret for Appellee Vivos Therapeutics, Inc. for court review. Certificate of Interested Parties: Yes. Served on 09/21/2021. Manner of Service: email. [21-1309]--[Edited 09/22/2021 by LG to remove PDF from entry, as pleading was filed on 9/22/2021] APH [Entered: 09/21/2021 06:31 PM] |
| [10856217] Civil case docketed. Preliminary record filed. DATE RECEIVED: 09/08/2021. Docketing statement, transcript order form and notice of appearance due 09/22/2021 for Ortho-Tain, Inc. Notice of appearance due on 09/22/2021 for Vivos Therapeutics, Inc. [21-1309] [Entered: 09/08/2021 03:21 PM] |
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