DePuy Synthes Sales, Inc., et al v. Howmedica Osteonics Corp., et al
| STRYKER CORPORATION, a Michigan corporation |
| HOWMEDICA OSTEONICS CORP. |
| DEPUY SYNTHES SALES, INC., a Massachusetts corporation and JONATHAN L. WABER, an individual |
| 21-55126 |
| February 17, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
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 DePuy Synthes Sales, Inc. v. Howmedica Osteonics Corp.
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Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
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Filing 40
Supreme Court Case Info Case number: 22-252 Filed on: 09/14/2022 Cert Petition Action 1: Denied, 12/12/2022 [12608821] (NAC) [Entered: 12/13/2022 07:36 AM]
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Filing 39
Supreme Court Case Info Case number: 22-252 Filed on: 09/14/2022 Cert Petition Action 1: Pending [12544676] (RL) [Entered: 09/20/2022 01:42 PM]
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Filing 38
Received letter from the Supreme Court dated 06/30/2022 regarding No. 22A4. The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kagan, who on June 30, 2022, extended the time to and including September 14, 2022. [12487837] (QDL) [Entered: 07/06/2022 04:24 PM]
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Filing 37
Filed order (RICHARD LINN, JAY S. BYBEE and MARK J. BENNETT) Depuy Synthes moves to transfer consideration of its motion for attorneys fees on appeal to the United States District Court for the Central District of California or, in the alternative, to award attorneys fees on appeal. The motion to transfer consideration is GRANTED. [12464068] (SAM) [Entered: 06/06/2022 11:08 AM]
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Filing 36
Filed (ECF) Appellees DePuy Synthes Sales, Inc. and Jonathan L. Waber Motion for attorney fees in the amount of $134,113.32. Date of service: 05/31/2022. [12460429] [21-55126] (Buziak, Leigh Ann) [Entered: 05/31/2022 09:24 PM]
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Filing 35
MANDATE ISSUED.(RL, JSB and MJB) [12454574] (JFF) [Entered: 05/24/2022 09:07 AM]
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Filing 34
Filed order (RICHARD LINN, JAY S. BYBEE and MARK J. BENNETT): Judge Bennett has voted to deny the petition for rehearing en banc, and Judges Linn and Bybee so recommend. Dkt. No. [ # 33 ]. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is DENIED. [12447431] (AF) [Entered: 05/16/2022 09:09 AM]
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Filing 33
Filed (ECF) Appellant Howmedica Osteonics Corp. petition for rehearing en banc (from 03/14/2022 opinion). Date of service: 03/28/2022. [12405904] [21-55126] (Wexler, Michael) [Entered: 03/28/2022 09:46 AM]
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Filing 32
FILED OPINION (RICHARD LINN, JAY S. BYBEE and MARK J. BENNETT) In conclusion, because the district court did not abuse its discretion in denying transfer under 28 U.S.C. 1404(a), we affirm the denial of HOCs transfer motion. Furthermore, because the district court did not err in holding the forum-selection, non-compete and non-solicitation clauses void under California law, we affirm the grant of partial summary judgment and the entry of judgment in favor of DePuy and Waber. Opinion by Judge Linn. FILED AND ENTERED JUDGMENT. [12393224] (AKM) [Entered: 03/14/2022 08:23 AM]
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| Filing 31 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12293774] (DR) [Entered: 11/19/2021 03:22 PM] |
| Filing 30 ARGUED AND SUBMITTED TO RICHARD LINN, JAY S. BYBEE and MARK J. BENNETT. [12291925] (JMR) [Entered: 11/18/2021 01:39 PM] |
| Filing 29 Notice of Oral Argument on Thursday, November 18, 2021 - 11:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Thursday, November 18, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12281891]. [21-55126] (KS) [Entered: 11/08/2021 04:38 PM] |
| Filing 28 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Robert J. Carty, Jr. for Appellant Howmedica Osteonics Corp.. Hearing in Pasadena on 11/19/2021 at 11:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/28/2021. [12271204] [21-55126] (Carty, Robert) [Entered: 10/28/2021 04:38 AM] |
| Filing 27 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Anthony Barrett Haller, Esquire for Appellees DePuy Synthes Sales, Inc. and Jonathan L. Waber. Hearing in Pasadena on 11/19/2021 at 11:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/26/2021. [12268849] [21-55126] (Haller, Anthony) [Entered: 10/26/2021 10:47 AM] |
| Filing 26 Notice of Oral Argument on Friday, November 19, 2021 - 11:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, November 19, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12228523]. [21-55126] (KS) [Entered: 09/14/2021 04:39 PM] |
| Filing 25 Notice of Oral Argument on Friday, November 19, 2021 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, November 19, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12220772]. [21-55126] (KS) [Entered: 09/05/2021 06:12 AM] |
| Filing 24 Received 6 paper copies of Reply Brief [ # 20 ] filed by Howmedica Osteonics Corp.. (sent to panel) [12205016] (SD) [Entered: 08/18/2021 02:47 PM] |
| Filing 23 Received 4 paper copies of further excerpts of record [ # 21 ] in 1 volume(s) and index volume filed by Appellant Howmedica Osteonics Corp.. (sent to panel) [12204811]--[COURT UPDATE: Updated docket text. 08/18/2021 by KWG] (KWG) [Entered: 08/18/2021 12:56 PM] |
| Filing 22 Filed clerk order: The reply brief [ # 20 ] submitted by Howmedica Osteonics Corp. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The further excerpts of record [ # 21 ] submitted by Howmedica Osteonics Corp. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12202582] (LA) [Entered: 08/16/2021 01:53 PM] |
| Filing 21 Submitted (ECF) further excerpts of record. Submitted by Appellant Howmedica Osteonics Corp.. Date of service: 08/16/2021. [12202496] [21-55126] (Wexler, Michael) [Entered: 08/16/2021 01:05 PM] |
| Filing 20 Submitted (ECF) Reply Brief for review. Submitted by Appellant Howmedica Osteonics Corp.. Date of service: 08/16/2021. [12202480] [21-55126] (Wexler, Michael) [Entered: 08/16/2021 12:58 PM] |
| Filing 19 Filed (ECF) Attorney Mr. Anthony Barrett Haller, Esquire for Appellees Depuy Synthes Sales, Inc. and Jonathan L. Waber response to notice for case being considered for oral argument. Date of service: 07/13/2021. [12171702] [21-55126] (Haller, Anthony) [Entered: 07/13/2021 04:46 PM] |
| Filing 18 Filed (ECF) Attorney Mr. Michael Dale Wexler for Appellant Howmedica Osteonics Corp. response to notice for case being considered for oral argument. Date of service: 07/12/2021. [12169565] [21-55126] (Wexler, Michael) [Entered: 07/12/2021 11:12 AM] |
| Filing 17 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12167972]. [21-55126] (KS) [Entered: 07/09/2021 11:01 AM] |
| Filing 16 Streamlined request [15] by Appellant Howmedica Osteonics Corp. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 08/18/2021. [12163383] (JN) [Entered: 07/06/2021 12:12 PM] |
| Filing 15 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Howmedica Osteonics Corp.. New requested due date is 08/18/2021. [12163229] [21-55126] (Carty, Robert) [Entered: 07/06/2021 11:14 AM] |
| Filing 14 Received 6 paper copies of Answering Brief [ # 12 ] filed by Depuy Synthes Sales, Inc. and Jonathan L. Waber. [12160888] (SD) [Entered: 07/01/2021 04:07 PM] |
| Filing 13 Filed clerk order: The answering brief [ # 12 ] submitted by Depuy Synthes Sales, Inc. and Jonathan L. Waber is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be submitted to the principal office of the Clerk. [12157464] (LA) [Entered: 06/29/2021 11:49 AM] |
| Filing 12 Submitted (ECF) Answering Brief for review. Submitted by Appellees Depuy Synthes Sales, Inc. and Jonathan L. Waber. Date of service: 06/28/2021. [12156832] [21-55126] (Haller, Anthony) [Entered: 06/28/2021 05:46 PM] |
| Filing 11 Received 6 paper copies of Opening Brief [ # 7 ] filed by Howmedica Osteonics Corp.. [12131996] (SD) [Entered: 06/02/2021 05:09 PM] |
| Filing 10 Received 4 paper copies of excerpts of record [ # 8 ] in 3 volume(s) and index volume filed by Appellant Howmedica Osteonics Corp.. [12131790] (KWG) [Entered: 06/02/2021 03:53 PM] |
| Filing 9 Filed clerk order: The opening brief [ # 7 ] submitted by Howmedica Osteonics Corp. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 8 ] submitted by Howmedica Osteonics Corp. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12126974] (KWG) [Entered: 05/27/2021 01:38 PM] |
| Filing 8 Submitted (ECF) excerpts of record. Submitted by Appellant Howmedica Osteonics Corp.. Date of service: 05/26/2021. [12125481] [21-55126] (Carty, Robert) [Entered: 05/26/2021 01:36 PM] |
| Filing 7 Submitted (ECF) Opening Brief for review. Submitted by Appellant Howmedica Osteonics Corp.. Date of service: 05/26/2021. [12125454] [21-55126] (Carty, Robert) [Entered: 05/26/2021 01:30 PM] |
| Filing 6 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12066295] (BLS) [Entered: 04/07/2021 10:16 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/07/2021, 9:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12020384] (BLS) [Entered: 03/01/2021 03:22 PM] |
| Filing 4 Filed (ECF) Appellees Depuy Synthes Sales, Inc. and Jonathan L. Waber Mediation Questionnaire. Date of service: 02/23/2021. [12014341] [21-55126] (Haller, Anthony) [Entered: 02/23/2021 04:56 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 02/23/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12013694]. [21-55126] (AD) [Entered: 02/23/2021 12:44 PM] |
| Filing 2 Filed (ECF) Appellant Howmedica Osteonics Corp. Mediation Questionnaire. Date of service: 02/23/2021. [12013082] [21-55126] (Milligan, Robert) [Entered: 02/23/2021 09:26 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Howmedica Osteonics Corp. Mediation Questionnaire due on 02/24/2021. Transcript ordered by 03/18/2021. Transcript due 04/19/2021. Appellant Howmedica Osteonics Corp. opening brief due 05/27/2021. Appellees Depuy Synthes Sales, Inc. and Jonathan L. Waber answering brief due 06/28/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12006383] (RT) [Entered: 02/17/2021 11:07 AM] |
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