MedCorp, Inc. v. Pinpoint Technologies, Inc. et al
| MedCorp, Inc. |
| Pinpoint Technologies, Inc. and Zoll Data Systems, Inc. |
| 1:2008cv00867 |
| April 28, 2008 |
| US District Court for the District of Colorado |
| Contract: Other Office |
| XX US, Outside State |
| Marcia S. Krieger |
| Kristen L. Mix |
| Both |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Filing
440
MINUTE ORDER granting 438 Defendant ZOLL Data Systems, Inc.s Motion to Withdraw its Motion for Attorneys Fees; withdrawing 419 Defendant ZOLL Data Systems, Inc.s Motion for Attorney Fees; IT IS FURTHER ORDERED that the obligation imposed by the Minute Order issued August 17, 2011 437 is DISCHARGED. by Magistrate Judge Kristen L. Mix on 8/22/2011.(erv, )
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Filing
428
ORDER re: 425 Order on Motion to Dismiss Zoll Industriess Counterclaims. In so doing, the Court ordered that [e]ach party shall pay its own attorneys fees and costs. (Id.) Given the Courts instant ruling on the Defendants/Counterclaimants Motion fo r Attorneys Fees, the Court HEREBY WITHDRAWS that portion of its May 6, 2011 Order regarding attorneys fees and costs which is inconsistent with the Courts ruling today that Defendants/Counterclaimants are entitled to an award of their reasonable att orneys fees in this matter. Accordingly, the Court deems the Motion for Attorneys Fees confessed and the Motion is HEREBY GRANTED IN PART, i.e., to the extent that it seeks the recovery of reasonable attorneys fees. The Court hereby REFERS the Motion for Attorneys Fees to Magistrate Judge Kirsten L. Mix for a Recommendation as to what constitutes a reasonable fee award in this case. by Judge William J. Martinez on 5/18/2011. (erv, )
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Filing
425
ORDER granting 424 Defendant/Counterclaimants Unopposed Motion to Dismiss ZOLL Data Systems, Inc., counterclaims WITHOUT PREJUDICE. Each party shall pay its own attorneys fees and costs. by Judge William J. Martinez on 5/6/2011.(erv, )
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Filing
417
ORDER ACCEPTED re 416 Report and Recommendations of the United States Magistrate Judge, re 389 Defendants Motion for Order Compelling MedCorp to Name Counsel and State Intent to Pursue Matter is deemed a motion for involuntary dismissal, and as s uch is GRANTED. Plaintiffs claims against Defendant are DISMISSED with prejudice pursuant to FED. R. CIV. P. 41(b).; Denying as moot the following Motions: 285 Motion for Summary Judgment; 318 APPEAL OF MAGISTRATE JUDGE DECISION to District Court; 325 Motion to Seal; 326 Motion to Seal; 329 Motion to Seal; 336 Motion to Strike ; 337 Motion to Expedite, and 412 Motion to Exclude; by Judge William J. Martinez on 3/16/2011.(erv, )
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Filing
386
ORDER granting 338 Defendant['s] Motion to Compel Payment of Expert Witness Fees Pursuant to Fed. R. Civ. P. 26(b)(4)(C)(i). Plaintiff shall reimburse Defendant's expert in the amount of $2,745 on or before 01/07/2010. To the extent that the receivership court has not approved payment of this debt by the deadline, Plaintiff shall move for an extension of time and provide a reasonable time frame for approval of the payment. Granting 348 Defendant Zoll's Motion for Cost Bo nd. On or before 01/31/2010 Plaintiff shall post a cost bond in the amount of $100,000 with the Clerk of the District Court for the District of Colorado. To the extent that the receivership court has not approved the expenditure of money necessary to post the cost bond by the deadline, Plaintiff shall move for an extension of time and provide a reasonable time frame for approval of the payment, by Magistrate Judge Kristen L. Mix on 11/30/2010.(mnf2, )
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Filing
324
SPECIAL MASTER'S WITHDRAWAL OF 303 MOTION for Entry of Judgment for Payment of Fees and Disbursements, by Special Master Kevin D. Allen on 07/06/2010. (wjc, )
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Filing
319
Minute Entry for Rule 16 Motions Hearing held before Judge Marcia S. Krieger on 6/29/10. 281 ; 290 Motions are DENIED. The parties will file a joint Rule 702 Motion by either do days from todays date (July 29, 2010 ) or 10 days after the parties have their conference with Magistrate Judge Mix, whichever date is later. If no conference is scheduled, the 30 day period will be operative. 282 305 Motions to Seal are DENIED. The parties will file an appropriate Motion to Seal that complies wi th Local Rule 7.2 by July 6, 2010. Failure to file such motion, the documents that have been presumptively sealed will be unsealed. 303 Motion for Judgment is GRANTED,but the effect is stayed until July 6, 2010. If the Motion is withdrawn, the O rder will be vacated. 311 ; 313 Motions to Seal are DENIED, with leave to renew in conformance with the local rule. The Final Pretrial Conference that was reset for September 16, 2010 at 4:00 p.m. is VACATED and will not be reset until Magistrate Mix advises she has concluded a conference with the parties. (Court Reporter Paul Zuckerman) (mskcd) Modified on 7/1/2010 to add Rule 16 text (wjc, ).
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Filing
296
ORDER granting in part and denying in part 266 Motion to Modify Order Granting in Part and Denying in Part Defendant's Motion for Discovery Sanctions and Request for Hearing. The Special Master's award of $52,825.06 to defendants is vacated. Defendants are awarded the sum of $89,395.88 for their reasonable costs and attorneys fees incurred in litigating the spoliation issue, by Magistrate Judge Kristen L. Mix on 6/15/10.(gmssl, )
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Filing
293
ORDER granting in part 265 Defendants' Application for Attorneys' Fees. Zoll is awarded, in conjunction with its Motion for Sanctions, a total of $52,825.06, consisting of reasonable attorneys fees in the amount of $45,627.12, legal costs in the amount of $1,821.19, and expert costs in the amount of $5,376.75, by Special Master Kevin D. Allen on 06/08/2010.(wjc, )
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Filing
262
SUPPLEMENTAL 258 ORDER BY SPECIAL MASTER. The 250 Plaintiff Medcorp's Unopposed Motion to Seal is DENIED with respect to the redactions contained in 251 Medcorp's Supplemental Brief in Opposition to Zoll's Motion for Sanctions, and that the unredacted Supplemental Brief filed by Medcorp shall be unsealed. Nothing herein alters any of the rulings contained in the 258 Order on the Motion to Seal. This ruling will be stayed until 04/26/2010 to allow either party to renew th e Motion to Seal with greater specificity as to why the information unsealed in this order should be sealed under D.C.Colo.LCivR 7.2(b)(1-4). If no such renewed motion is filed, the Clerk of the Court shall lift the seal on the unredacted Supplemental Brief, by Special Master Kevin D. Allen on 04/14/2010. (wjc, )
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Filing
256
ORDER granting in part and denying in part 154 Defendants' Motion for Discovery Sanctions. See Order for details. The Defendants request for an award of their reasonable attorneys fees and costs (including expert costs), specifically incurred in conjunction with the prosecution of the Motion for Sanctions, is granted to the extent of one-half of the reasonable fees and cost incurred. The Defendants request for dismissal of Medcorps claims is denied. The Defendants request for compensation for attorneys fees, etc., is denied. Defendants shall submit a reasonable attorneys fees and cost application in accordance with D.C.Colo.LCivR 54.3, by Special Master Kevin D. Allen on 04/02/2010.(wjc, )
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Filing
255
ORDER BY SPECIAL MASTER. Defendants shall have until 04/02/2010 to file a response to the 250 Motion to Seal, setting forth their position with respect to sealing the deposition transcripts attached as exhibits to 248 Medcorps Supplemental Brief in Opposition to Zolls Motion for Sanctions, by Special Master Kevin D. Allen on 03/26/2010. (wjc, )
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Filing
235
ORDER regarding Defendants' 154 161 MOTION for Discovery Sanctions. The orders on discovery are fully set forth in the order. Parties have to 3/10/10 to file a single supplemental brief in support of their positions regarding the Motion for Sanctions. Parties to bear their own costs re: forensic copy review ordered, by Special Master Kevin D. Allen on 1/5/10. (gmssl, )
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Filing
231
ORDER REGARDING DEFENDANTS' MOTION FOR DISCOVERY SANCTIONS. A hearing on the Motion for Sanctions (Docket Nos. 154 and 161 ) was held at the offices of the Special Master on 12/16/2009. The parties shall have until 12/24/2009 to provide add itional legal authority, as further described at the hearing, not already provided to the Special Master in support of their respective positions. The Plaintiff shall have until 12/24/2009 in which to provide additional affidavits. The Special Master will determine whether a ruling on the Motion for Sanctions will be forthcoming or any additional briefing or hearing, including the taking of evidence, will be necessary, by Special Master Kevin D. Allen on 12/18/2009. (wjc, )
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Filing
229
ORDER granting 219 Unopposed Motion to Withdraw Motion for Protective Order. Defendants' 202 Motion for Protective Order is deemed withdrawn, by Special Master Kevin D. Allen on 12/09/2009.(wjc, )
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Filing
224
ORDER VACATING FINAL PRETRIAL CONFERENCE: The Final Pretrial Conference scheduled for December 3, 2009 is VACATED. The parties shall jointly contact chambers within ten days of the dispositive motion deadline to reschedule the Final Pretrial Conference. Judge Marcia S. Krieger on 12/1/09. (msksec, ) Modified on 12/2/2009 to remove text that entry is text only (wjc, ).
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Filing
210
ORDER: Plaintiff shall have through 11/20/2009 in which to file a response to the 202 MOTION for Protective Order. Defendants shall have through 11/27/2009 in which to file a reply, by Special Master Kevin D. Allen on 11/16/2009. (wjc, )
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Filing
188
ORDER BY SPECIAL MASTER DENYING 141 144 MEDCORP'S MOTION AND MEMORANDUM FOR SANCTIONS AGAINST ZOLL. Medcorps Combined Motion and Memorandum for Sanctions against Zoll is DENIED in its entirety, by Special Master Kevin D. Allen on 10/26/2009.(wjc, )
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Filing
187
ORDER DENYING 116 MEDCORP'S MOTION AND MEMORANDUM TO DE-DESIGNATE DEFENDANTS' DOCUMENTS IMPROPERLY DESIGNATED AS CONFIDENTIAL, without prejudice to its right to challenge the Confidential designation of specific documents pursuant to the provisions of paragraph 19 of the Stipulated Protective Order, or to apply for an Order modifying the Stipulated Protective Order, by Special Master Kevin D. Allen on 10/23/2009.(wjc, )
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Filing
184
ORDER: Plaintiff shall have through 10/26/2009 in which to file a response to the 173 Renewed Motion to Seal Unredacted Version of Medcorps Combined Motion and Memorandum for Sanctions Against Zoll. If a response in opposition is filed, Defendants shall have through 10/30/2009 in which to file a reply. If Plaintiff indicates that it does not oppose the motion, or otherwise fails to file a timely response, a ruling on the motion shall then enter, by Special Master Kevin D. Allen on 10/22/2009. (wjc, )
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Filing
176
ORDER : Plaintiff shall have through 10/23/2009 in which to file a response to Defendants' 165 MOTION to Seal Exhibit A and an Unredacted Version of Defendants' Reponse to MedCorp's Combined Motion and Memorandum for Sanctions Agains t Zoll. If a response in opposition is filed, Defendants shall have through 10/30/2009 in which to file a reply. If Plaintiff indicates that it does not oppose the motion, or otherwise fails to file a timely response, a ruling on the motion shall then enter, by Special Master Kevin D. Allen on 10/20/09. (wjc, )
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Filing
171
ORDER: Plaintiff shall have through 10/29/2009 in which to file a response to the Motion ( 154 and 161 ). Defendants shall have through 11/13/2009 in which to file a reply. Defendants request a hearing on the Motion pursuant to Fed.R.Civ.P. 37. The necessity for such a hearing will be determined after submission of the response and reply, by Special Master Kevin D. Allen on 10/14/2009. (wjc, )
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Filing
150
ORDER: Defendants shall have through 10/13/2009 in which to file a response to the 141 ( 144 ) Medcorp's Combined MOTION and Memorandum for Sanctions Against Zoll Data Systems, Inc. Plaintiff shall have through 10/20/2009 in which to file a reply, by Special Master Kevin D. Allen on 10/06/2009. (wjc, )
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Filing
145
ORDER re: 116 Medcorp's MOTION and Memorandum to De-Designate Defendants' Documents Improperly Designated as Confidential. Defendants shall have through 10/12/2009 in which to file a response to the Motion. Plaintiff shall have through 10/19/2009 in which to file a reply, by Special Master Kevin D. Allen on 10/02/2009. (wjc, )
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Filing
139
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT. Defendants 40 Motion for Summary Judgment is DENIED, by Judge Marcia S. Krieger on 09/24/09.(wjc, )
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Filing
135
ORDER BY SPECIAL MASTER CLARIFYING 129 DOCUMENTS TO BE SEALED. All exhibits other than Exhibits 4-7, 12 and 13 to Docket No. 116 be unsealed, by Special Master Kevin D. Allen on 07/30/09. (wjc, )
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Filing
128
ORDER granting in part and denying in part 126 Motion to Stay Proceeding Pending Mediation. To the extent that the parties seek an indefinite stay of case deadlines, the Motion is denied. Discovery due by 11/30/2009. Deadline to File Discovery Motions is 12/18/2009. Dispositive Motions due by 1/18/2010, by Magistrate Judge Kristen L. Mix on 7/22/2009.(klmcd)
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Filing
111
ORDER granting in part and denying in part 106 Defendants' Emergency Motion for Protective Order, by Special Master Kevin D. Allen on 7/14/09.(gms, )
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Filing
109
ORDER: Plaintiff shall have through 07/13/2009 in which to file a response to 106 Defendants' Emergency MOTION for Protective Order. No reply will be permitted unless requested by the Special Master, by Special Master Kevin D. Allen on 07/13/09. (wjc, )
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Filing
97
ORDER APPOINTING SPECIAL MASTER FOR DISCOVERY. Kevin D. Allen, Esq., is appointed Special Master for the purpose of managing and supervising discovery and resolving discovery disputes. The Special Master is directed to proceed with all reasonable d iligence to complete tasks assigned by this Order. The Special Master shall, convene such hearings or direct the submission of motions and briefs relating to discovery disputes as the Special Master deems appropriate, and shall issue orders resolving such disputes. See Order for details, by Magistrate Judge Kristen L. Mix on 05/28/09. (wjc, )
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Filing
94
Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: denying 83 Motion for Protective Order; Discovery Hearing held on 5/15/2009. On or before May 22, 2009, Plaintiffs counsel will select 250 documentsthat he believes have been improperly marked as confidential by Defendants, will bring those documents to the attention of defense counsel in writing and will identify them by Bates Number. On or before May 29, 2009, defense counsel will determine whether in fact they have be en improperly marked as confidential, and will report back to Plaintiffs counsel in writing. If defense counsel changes the designation as confidential of more than 50 percent of the selected documents, defense counsel will conduct an independent rev iew of the remainder of the documents produced by Defendants to determine whether the remainder have been properly marked as confidential. If defense counsel changes the designation of less than 50 percent of the selected documents, no further review of the designations shall be made, and the parties shall treat all documents designated as confidential in accordance with the terms of the Protective Order. In the event that there is a reasonable, good faith disagreement pertaining to the final de signations by Defendant of the selected documents, any party may file an appropriate motion with the Courtor Special Discovery Master, if one has been appointed by that time. The court will issue a Notice of intent to appoint a Special Discovery Master because of the continuing voluminous discovery disputes. (Court Reporter FTR - Kathleen Finney.) (klmcd, ) Modified on 5/18/2009 to correct grammar(wjc, ).
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Filing
88
ORDER granting 69 Defendants' Motion to Compel Plaintiff to Produce Its Fed.R.Civ.P. 26(a) Disclosure Documents and to Provide Complete Discovery Responses; granting in part and denying in part 73 Medcorp's Renewed Motion to Amend Sched uling Order. Plaintiff shall respond fully to Defendants Interrogatory Nos. 12 and 14, without objection, on or before 05/15/09. The Scheduling Order is amended to allow 15 depositions per side, excluding experts. Plaintiff may take up to five addi tional depositions of third-party witnesses towards its total of 15 depositions. If the parties have future discovery disputes, they shall conference together and then contact the Court. No opposed discovery motions shall be filed without leave of Court, by Magistrate Judge Kristen L. Mix on 04/20/09.(wjc, )
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Filing
65
Minute Entry for proceedings held before Magistrate Judge Kristen L. Mix: Motion Hearing held on 2/12/2009 granting 59 Defendants' Emergency Motion for Relief from Discovery Violations and Request for Forthwith Hearing. On or before 02/26/09 the parties shall prepare and file a Joint Proposed Discovery Order. The Joint Proposed Discovery Order shall contain a signature line for the Court. (Court Reporter FTR - Kathleen Finney.) (wjc, )
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Filing
57
MINUTE ORDER granting 55 Joint Motion to Modify Scheduling Order. Discovery due by 4/3/2009, by Magistrate Judge Kristen L. Mix on 02/02/09.(wjc, )
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