Frey v. Sofamor Danek Holdings, Inc.
Plaintiff: George Frey
Defendant: Sofamor Danek Holdings, Inc. and Medtronic Sofamor Danek USA, Inc.
Case Number: 1:2011cv00767
Filed: March 25, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Arapahoe
Presiding Judge: Richard P. Matsch
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 11, 2014 Opinion or Order Filing 197 ORDER DISMISSING CASE With Prejudice each party shall bear its own litigation costs, attorneys' fees, and any other expenses arising from or related to this litigation, by Judge Richard P. Matsch on 8/11/2014. (jsmit)
August 1, 2014 Opinion or Order Filing 183 RULING ON DEPOSITION OBJECTIONS, by Judge Richard P. Matsch on 8/1/2014. (jsmit)
July 30, 2014 Opinion or Order Filing 182 ORDER ON CHOICE OF LAW STATUTE OF LIMITATIONS re 174 , 181 , and 175 : plaintiff's claims under the Boomerang Agreement are subject to the 6-year statute of limitations under Tennessee law, and the plaintiff's claims under the Pyramesh Agreement are subject to the 6-year statute of limitations under Indiana law, by Judge Richard P. Matsch on 7/30/2014. (jsmit)
April 30, 2014 Opinion or Order Filing 166 ORDER re 165 : Resetting Jury Trial for 8/4/2014 at 08:30 AM in Courtroom A and Trial Preparation Conference for 7/3/2014 at 10:00 AM in Conference Room, by Judge Richard P. Matsch on 4/30/2014. (jsmit) (Main Document 166 replaced and modified with Amended Order to correct sgnature date on 4/30/2014 pursuant FRCP 60(a), NEF regenerated) (jsmit).
April 10, 2014 Opinion or Order Filing 165 ORDER re 160 and 163 : the trial date of May 5, 2014 is vacated as is the trial preparation conference set for April 15, 2014. New dates will be scheduled in consultation with counsel, by Judge Richard P. Matsch on 4/10/2014. (jsmit)
November 19, 2013 Opinion or Order Filing 161 Courtroom Minutes for Pretrial Conference held on 11/19/2013 before Judge Richard P. Matsch. ORDERED: Motion to Strike Portions of Defendants' August 26, 2013 Expert Witness Disclosures and Exclude Opinion Testimony Offered by Certain Expert Witnesses 104 , is denied. Motion to Strike Portions of Erik K. Antonsson's Report And Exclude Certain Testimony at Trial 105 , is denied. Motion to Strike Portions of Mark J. Hosfield's Expert Report And ExcludeTestimony 109 , is resol ved by plaintiff being permitted to conduct additional discovery and allowing Mr. Pedigo to provide a rebuttal report as stated on record. Motion in Limine to Exclude Testimony Relating to Surgical Concepts and Patient Advocacy Coalition 113 , is gr anted. Defendants Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.'s Motions in Limine 123 / 117 , No.1: Dr. Chewning permitted to describe surgical method but not patent claims; No. 2: granted; and No. 3 resolved by Court's ruling on motion 109 . Two week jury trial set May 5, 2014. FTR: K. Terasaki. (rpmcd )
September 18, 2013 Opinion or Order Filing 103 ORDER Denying 101 Motion for Reconsideration re 100 Order: Counsel are also ordered to refrain from filing intra-counsel communications with this court, by Judge Richard P. Matsch on 9/18/2013.(rpmcd)
September 16, 2013 Opinion or Order Filing 100 ORDER on Defendants' Motion to Compel 99 : the deadline for the completion of expert depositions is extended to October 16, 2013, and the plaintiff shall produce their three experts for depositions before that date; the motion to compel the pr oduction of Dr. Frey's tax returns is denied on the ground that such discovery is not necessary because the plaintiff's alleged monetary loss due to changes in tax rates is not a proper element of damages; the defendants' motion for expedited briefing 97 is moot, by Judge Richard P. Matsch on 9/16/2013.(rpmcd)
July 26, 2013 Opinion or Order Filing 93 ORDER Granting 92 Motion to Amend 26 Scheduling Order: Expert designation deadlines amended as indicated in Order, by Judge Richard P. Matsch on 7/26/2013.(rpmcd )
June 26, 2013 Opinion or Order Filing 91 ORDER Setting Pretrial Conference for 11/19/2013 at 02:00 PM in Conference Room, Proposed Pretrial Order due by 4:00 p.m. 11/14/2013 in paper form directly to chambers, lead counsel present in person and no parties permitted, by Judge Richard P. Matsch on 6/26/2013. (rpmcd )
May 20, 2013 Opinion or Order Filing 89 ORDER Granting 88 Motion to Amend Revised Scheduling Order 26 , Fact Discovery due by 6/28/2013 (see Order for deadlines re designation of experts), by Judge Richard P. Matsch on 5/20/2013.(rpmcd)
March 19, 2013 Opinion or Order Filing 84 Courtroom Minutes for Motion Hearing held on 3/19/2013 before Judge Richard P. Matsch. ORDERED: Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.'s Motion for Partial Summary Judgment on Capstone, 44 / 46 , is denied. Plaintif f Dr. George Frey, M.D.'s Motion and Incorporated Memorandum of Lawin Support of Partial Summary Judgment Regarding Net Sales, 37 / 40 , is denied. Plaintiff's Motion to Amend Complaint to Incorporate a Claim for Breach of the March 17, 1999 Consulting Agreement with Medtronic Sofmar Danek USA, Inc. 58 , is denied. Plaintiff has to March 29, 2013 to file an Amended Complaint (clear statement of claims). Defendants shall file an answer in accordance with the rules.FTR: K. Terasaki. (rpmcd)
May 25, 2012 Opinion or Order Filing 34 ORDER Ggranting 33 Motion to to Hold in Abeyance 30 / 31 , PendingCompletion of Depositions on June 4-7, 2012. Court will hold further briefing or a ruling on the Motion to Compel [Doc. No. 30] in abeyance until June 11, 2011, when Dr. Frey will provide the Court with a Status Report indicating whether the Motion is still necessary in light of the depositions of Mr. Martin, Ms. Jones and Mr. Bethell, by Judge Richard P. Matsch on 5/25/2012.(rpmcd)
February 9, 2012 Opinion or Order Filing 21 Courtroom Minutes for Motion Hearing held on 2/9/2012 before Judge Richard P. Matsch. ORDERED: Defendants' Requests for a Status Conference 18 is granted by this setting. Motion to Amend 15 Scheduling Order 18 , is granted and counsel shall submit an agreed revised scheduling order by March 12, 2012.(FTR: K. Terasaki) (rpmcd )
December 15, 2011 Opinion or Order Filing 17 PROTECTIVE ORDER re 16 , by Judge Richard P. Matsch on 12/15/2011. (rpmcd )
May 31, 2011 Opinion or Order Filing 11 ORDER Setting Scheduling Conference for 7/7/2011 at 10:30 AM in Conference Room and proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on June 30, 2011, by Judge Richard P. Matsch on 5/31/2011. (rpmcd )
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Plaintiff: George Frey
Represented By: Joseph E. Kovarik
Represented By: Stanley M. Gibson
Represented By: Ian Richard Walsworth
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Defendant: Sofamor Danek Holdings, Inc.
Represented By: Chad Allen Hanson
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Defendant: Medtronic Sofamor Danek USA, Inc.
Represented By: Chad Allen Hanson
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