Wright Medical Technology, Inc. v. Paragon 28, Inc.
Plaintiff: Wright Medical Technology Inc
Defendant: Paragon 28, INC
Case Number: 1:2019cv03096
Filed: October 29, 2019
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: Other Statutory Actions
Cause of Action: Civil Miscellaneous Case
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2019 Filing 21 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 12/11/2019. #1 Plaintiffs Notice of Motion and Motion for Protective Order and toQuash Defendants Subpoena Directed to Non-Party Carolina Boneand Joint Surgery, LLC is GRANTED IN PART AND DENIED IN PART as stated on the record. FTR: 1002. (morti, )
December 9, 2019 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Chief Judge Philip A. Brimmer on 12/9/2019. Text Only Entry. (sphil, )
November 18, 2019 Opinion or Order Filing 19 MINUTE ORDER A Motion Hearing re: #1 Motion to Quash is set for 12/11/2019 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/18/2019. Text Only Entry (stvlc1, )
November 8, 2019 Filing 18 REPLY to Response to #1 MOTION for Protective Order MOTION to Quash filed by Plaintiff Wright Medical Technology Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Owen, Brent)
November 8, 2019 Filing 17 NOTICE of Entry of Appearance by Sven C. Collins on behalf of Wright Medical Technology IncAttorney Sven C. Collins added to party Wright Medical Technology Inc(pty:pla) (Collins, Sven)
November 8, 2019 Filing 16 NOTICE of Entry of Appearance by Brent Rollow Owen on behalf of Wright Medical Technology IncAttorney Brent Rollow Owen added to party Wright Medical Technology Inc(pty:pla) (Owen, Brent)
November 5, 2019 Opinion or Order Filing 15 MEMORANDUM regarding #1 MOTION for Protective Order MOTION to Quash filed by Wright Medical Technology Inc. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Philip A. Brimmer on 11/5/19. Text Only Entry (pabsec)
November 4, 2019 Filing 14 In accordance with D.C.COLO.LCivR 40.1 and the approval of the Chief Judge this case is reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-03096-PAB. (Text Only Entry) (agarc, )
October 30, 2019 Filing 11 Case transferred in from District of South Carolina; Case Number 4:19-mc-00355. File, transfer order and docket sheet received.
October 29, 2019 Opinion or Order Filing 9 TEXT ORDER transferring Plaintiff's #1 motion for protective order and to quash Defendant's subpoena directed to non-party Carolina Bone and Joint Surgery, LLC to the United States District Court for the District of Colorado under Fed. R. Civ. P. 45(f). Rule 45(f) of the Federal Rules of Civil Procedure provides "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court if the person subject to the subpoena consents or if the court finds exceptional circumstances." Fed. R. Civ. P. 45(f). Here, the Court finds exceptional circumstances to transfer this matter to the court that issued the subpoena, the United States District Court for the District of Colorado. Importantly, the entity to which the subpoena was directed has not objected to the subpoena and has not made an appearance in this action. Instead, the motion for protective order and to quash was filed by the Plaintiff in the underlying action and opposed by the Defendant in the underlying action. This matter is merely a continuation of a discovery dispute that originated in the District of Colorado, on which the Colorado Court has already commented generally and heard argument. See [Hearing Tr., ECF No. 5-4]. Resolving the parties' dispute over relevance would require this Court to resolve a discovery issue that is central to Plaintiff's claims and Defendant's defenses in the underlying Colorado suit. Furthermore, Plaintiff's motion seeks to have this Court interpret the scope of a Protective Order issued by the Colorado Court in the underlying action. Because Carolina Bone and Joint Surgery, LLC has not objected to the subpoena and has not made an appearance in this action, transferring this matter will not unduly burden the parties, who are already involved in litigation in the issuing court. This Court's resolution of this discovery dispute could substantially interfere with the Colorado Court action, where the discovery deadline is rapidly approaching. The Colorado Court would be situated to resolve this motion and, if necessary, consider an extension of the discovery period in light of the delay caused by Plaintiff's motion for protective order and to quash. The Colorado Court will also be in a better position to determine the scope of its own Protective Order in the underlying case, including whether the Protective Order required modification to specifically include the documents produced by the subpoenaed party in this matter. In sum, exceptional circumstances are present to transfer this motion to the court that issued the subpoena, the United States District Court for the District of Colorado. The Colorado Court is in a better position to rule on the motion due to its familiarity with the full scope of the issues involved as well as any implications the resolution of the motion will have on the underlying litigation. See, e.g. Victim Servs. Inc. v. Consumer Fin. Prot. Bureau, 298 F. Supp. 3d 26, 29 (D.D.C. 2018). Accordingly, Plaintiff's #1 motion for protective order and to quash Defendant's subpoena directed to non-party Carolina Bone and Joint Surgery, LLC is TRANSFERRED to the United States District Court for the District of Colorado. Should the need arise, the Colorado Court may transfer its Order on this motion to this Court for enforcement over the subpoenaed party. See Fed. R. Civ. P. 45(f). Signed by Chief Judge R Bryan Harwell on 10/29/2019. (tmcb, ) [Transferred from South Carolina on 10/30/2019.]
October 29, 2019 Opinion or Order Filing 8 ORDER granting #4 Motion to Seal. Signed by Chief Judge R Bryan Harwell on 10/29/2019. (hcic, ) [Transferred from South Carolina on 10/30/2019.]
October 28, 2019 Opinion or Order Filing 6 TEXT ORDER granting #3 Motion to Appear Pro Hac Vice for Kristina N. Hendricks. Signed by Chief Judge R Bryan Harwell on 10/28/2019. (hcic, ) [Transferred from South Carolina on 10/30/2019.]
October 25, 2019 Filing 5 RESPONSE in Opposition re #1 MOTION for Protective Order MOTION to Quash Response filed by Paragon 28, Inc..Reply to Response to Motion due by 11/1/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Second Supplemental Response to Paragon 28 Inc.s Interrogatory Number 12 - Submitted to Court Under Seal, #2 Exhibit Discovery Hearing Transcript. 7/8/19, #3 Exhibit Supplemental Response to Paragon 28, Inc.s Interrogatories Numbers 15-18 with Appendix A - Submitted to Court Under Seal, #4 Exhibit Discovery Hearing Transcript. 10/15/19)(Willcox, Walker) (Attachments 1 and 3 replaced on 10/29/2019 with sealed exhibits per Order #8 ) (hcic, ). [Transferred from South Carolina on 10/30/2019.]
October 25, 2019 Filing 4 MOTION to Seal Unopposed by Paragon 28, Inc.. Response to Motion due by 11/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Stipulated Protective Order, #2 Exhibit Non Confidential Descriptive Index of Exhibits to be Sealed)Proposed order is being emailed to chambers with copy to opposing counsel.(Willcox, Walker) [Transferred from South Carolina on 10/30/2019.]
October 25, 2019 Filing 3 Consent MOTION to Appear Pro Hac Vice by Kristina Nicole Hendricks ( Filing fee $ 250 receipt number 0420-8742349) by Paragon 28, Inc.. Response to Motion due by 11/8/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit For Admission, #2 Exhibit Cert of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Willcox, Walker) [Transferred from South Carolina on 10/30/2019.]
October 11, 2019 Filing 2 Filing Fee Received: $ 47.00, receipt number 0420-8721355. (mcot, ) [Transferred from South Carolina on 10/30/2019.]
October 11, 2019 Filing 1 MOTION for Protective Order, MOTION to Quash Defendant's subpoena. Response to Motion due by 10/25/2019 -add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. by Wright Medical Technology, Inc. (Attachments: #1 Memo in Support, #2 Exhibit 1 -Supporting Docs, #3 Exhibit 2 -Deposition, #4 Exhibit 3 -Transcripts). No proposed order. (mcot, ) [Transferred from South Carolina on 10/30/2019.]

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Plaintiff: Wright Medical Technology Inc
Represented By: Brent Rollow Owen
Represented By: Sven C. Collins
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Defendant: Paragon 28, INC
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