Nuvasive, Inc. v. Absolute Medical, LLC et al
| Nuvasive, Inc. |
| Greg Soufleris, Dave Hawley, Absolute Medical, LLC, Absolute Medical Systems, LLC and Ryan Miller |
| Orthofix, Inc. |
| Bryan E Busch |
| 6:2017cv02206 |
| December 29, 2017 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Seminole |
| Gregory J Kelly |
| Carlos E Mendoza |
| G Kendall Sharp |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
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| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #378 Notice of Interlocutory Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 22-10214 (ARJ) |
| Filing 382 TRANSCRIPT information form filed by Absolute Medical Systems, LLC re #378 Notice of Interlocutory Appeal . USCA number: 22-10214-A. (Busch, Bryan) Modified text on 2/8/2022 (SPM). |
| Filing 381 NOTICE canceling Jury Trial hearing scheduled for 02/07/2022. (MEH) ctp |
Filing 380
ENDORSED ORDER staying case in light of #378 Notice of Appeal. The 352 jury trial scheduled to begin on February 7, 2022, is CANCELLED. Within seven days of the Eleventh Circuit issuing a ruling on the appeal, Defendants shall file a notice with the Court. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 1/20/2022. (VLC)
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| Filing 379 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #378 Notice of Interlocutory Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (SPM) |
| Filing 378 NOTICE OF INTERLOCUTORY APPEAL as to #371 SEALED ORDER by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. Appeal filing fee paid: Receipt Number ORL101998 $505.00. (SPM) |
| Filing 377 NOTICE regarding Reply to January 10, 2022, Sealed Order (Doc. 371) by Nuvasive, Inc. (McFarland, Marshall) Modified on 1/19/2022 (SPM). |
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Filing 376
ENDORSED ORDER directing the Clerk to unseal #371 the Court's January 10, 2022 Order in light of #374 Notice Regarding January 10, 2022 Sealed Order. Signed by Judge Carlos E. Mendoza on 1/18/2022. (VLC)
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| Filing 375 RESPONSE TO ORDER TO SHOW CAUSE filed by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Busch, Bryan) Modified on 1/18/2022 (SPM). |
| Filing 374 NOTICE regarding January 10, 2022, Sealed Order (Doc. 371) by Nuvasive, Inc. (Evans, Diana) Modified on 1/18/2022 (SPM). |
| Filing 373 NOTICE canceling In-Person Final Pretrial Conference hearing scheduled for January 20, 2022. (MEH) ctp |
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Filing 372
ENDORSED ORDER cancelling 351 Final Pretrial Conference until further notice. Signed by Judge Carlos E. Mendoza on 1/13/2022. (VLC)
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Filing 371
SEALED ORDER denying #333 MOTION for Miscellaneous Relief, specifically Confirm Award as Final Judgment ; granting #353 Motion to Vacate Arbitration Award and Supporting Memorandum of Law; granting 355 SEALED Notice of filing Unredacted MOTION to Vacate Arbitration Award and Supporting Memorandum of Law; denying as moot #368 MOTION to Strike #365 Reply to Response to Motion At DOC.365-3. The Arbitration Award (Doc. 283-2) is VACATED. On or before January 17, 2022, Defendants shall SHOW CAUSE as to why default judgment should not be granted to Plaintiff and against all Defendants on all counts; why attorneys' fees and costs should not be awarded to Plaintiff; and why Defendants and their attorney Bryan E. Busch should not be jointly and severally liable for the award of attorneys' fees and costs. Defendants and Mr. Busch may file a Response of no more than ten pages. While Plaintiff need not file a Reply, if Plaintiff wishes to file a Reply, it shall do so on or before January 24, 2022, and the Reply shall be no more than five pages. If Plaintiff chooses to not file a Reply, Plaintiff shall file a notice on the record to that effect in order to most expeditiously handle this matter. This Order is currently filed under seal based on the sealed status of several documents addressed herein. However, on or before February 9, 2022, the parties shall file a joint proposed redacted version of this Order, which can be placed on the public docket. Failure to do so will result in the full unredacted Order being placed on the public docket. Signed by Judge Carlos E. Mendoza on 1/10/2022. (MEH) Copies emailed. Modified to UNSEAL Order per #376 Endorsed Order on 1/19/2022 (SPM).
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| Filing 370 RESPONSE in Opposition re #368 MOTION to Strike #365 Reply to Response to Motion At DOC.365-3 filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A - Declaration of C. Cardwell)(McFarland, Marshall) |
| Filing 369 MOTION for a Telephonic Conference by Nuvasive, Inc. (Evans, Diana) Modified on 1/3/2022 (SPM). |
| Filing 368 MOTION to Strike #365 Reply to Response to Motion At DOC.365-3 by Absolute Medical Systems, LLC. (Milbrath, Stephen) |
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Filing 367
ENDORSED ORDER denying #366 Defendants' Opposed Motion for Leave to File Sur-Reply. Signed by Judge Carlos E. Mendoza on 12/28/2021. (VLC)
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| Filing 366 MOTION for Leave to file Sur-reply by All Defendants. (Busch, Bryan) Changed event and modified text on 12/28/2021 (ARJ). |
| Filing 365 REPLY to Response to Motion re #353 MOTION to Vacate Arbitration Award and Supporting Memorandum of Law filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Emails, #2 Exhibit 2 - Arbitration Transcript, Testimony of J. English.pdf, #3 Exhibit 3 - Second Declaration of R. Clayton.pdf)(McFarland, Marshall) |
| Filing 364 RESPONSE to Motion re #342 MOTION In Limine to exclude Paul Dopp's Expert Testimony filed by Absolute Medical Systems, LLC. (Busch, Bryan) |
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Filing 363
ENDORSED ORDER granting #361 Plaintiff's Unopposed Motion for Leave to File a Reply. On or before December 8, 2021, Plaintiff may file a Reply or no greater than five pages. Signed by Judge Carlos E. Mendoza on 12/1/2021. (VLC)
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| Filing 362 REPLY to Response to Motion re #333 MOTION for Miscellaneous Relief, specifically Confirm Award as Final Judgment opposing doc 354 filed by Absolute Medical Systems, LLC, Absolute Medical, LLC. (Milbrath, Stephen) |
| Filing 361 Unopposed MOTION for Leave to File Other Document :Reply to Defendants' #360 Response to NuVasive's Motion to Vacate Arbitration Award and Supporting Memorandum by Nuvasive, Inc.. (McFarland, Marshall) Modified on 12/1/2021 (SPM). |
| Filing 360 RESPONSE to Motion re #353 MOTION to Vacate Arbitration Award and Supporting Memorandum of Law filed by Absolute Medical Systems, LLC. (Attachments: #1 Exhibit 1 Excerpts from Hawley Deposition, #2 Exhibit 2 Excerpts from Arbitration, #3 Exhibit Hawley Declaration)(Busch, Bryan) Modified on 11/30/2021 (SPM). |
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Filing 359
ENDORSED ORDER granting #357 Defendants' Unopposed Motion for Leave to File Reply Brief. On or before December 3, 2021, Defendants may file a Reply of no greater than five pages. Signed by Judge Carlos E. Mendoza on 11/29/2021. (VLC)
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| Set deadlines as to #333 MOTION for Miscellaneous Relief, specifically Confirm Award as Final Judgment . Replies due by 12/3/2021. (SPM) |
| Filing 358 RESPONSE in Opposition re #335 MOTION In Limine filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Day's Motion to Exclude Expert Testimony of Decker, #2 Exhibit 2 - Day_Order denying MT Exclude Decker, #3 Exhibit 3 - Email thread between counsel from Aug. 5, 2021 to Aug. 27, 2021)(McFarland, Marshall) |
| Filing 357 Unopposed MOTION for Leave to File Other Document :A Reply Brief of 5 pages in support of motion at Doc #333 by Absolute Medical Systems, LLC, Absolute Medical, LLC. (Milbrath, Stephen) Modified on 11/29/2021 (SPM). |
| Sealed Document S-356. (SPM) |
| Sealed Document S-355. (SPM) |
| Filing 354 RESPONSE in Opposition re #333 MOTION for Miscellaneous Relief, specifically Confirm Award as Final Judgment filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Nov. 4, 2021, Correspondence from Busch.pdf)(Cardwell, Christopher) |
| Filing 353 MOTION to Vacate Arbitration Award and Supporting Memorandum of Law by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Declaration of CWC re MT Vacate Arbitration Award.PDF, #2 Exhibit 2 - Text Messages (REDACTED) between Soufleris and Hawley on Decembcer 16, 2020.pdf, #3 Exhibit 3 - Arbitration Transcript re Hawley's Testimony.PDF, #4 Exhibit 4 - Declaration of R. Clayton.PDF, #5 Exhibit 5 - Hawley's Deposition Transcript.pdf)(Cardwell, Christopher) |
| Filing 352 NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for 11/29/2021 is rescheduled. New scheduling date and time: Date Certain Jury Trial set for 2/7/2022 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved a total of 5 days for trial. (MEH) ctp |
| Filing 351 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 11/22/2021 is rescheduled. New scheduling date and time: In-Person Final Pretrial Conference set for 1/20/2022 at 2:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
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Filing 350
ENDORSED ORDER continuing 286 jury trial scheduled to begin November 29, 2021. The jury trial is continued to February 7, 2022 through February 11, 2022. The 288 final pretrial conference currently set for November 22, 2021 is continued to January 20, 2022, at 2:00 PM. Signed by Judge Carlos E. Mendoza on 11/17/2021. (VLC)
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Filing 349
ENDORSED ORDER granting 347 Plaintiff's Ore Tenus Motion to Seal exhibits to the Motion to Vacate. Signed by Judge Carlos E. Mendoza on 11/17/2021. (VLC)
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Filing 348
ENDORSED ORDER granting #338 Plaintiff's Motion for Leave to File Motion to Vacate Arbitration Award. Plaintiff may file a Motion to Vacate Arbitration Award on or before November 22, 2021. Defendants may file a Response on or before November 29, 2021. Signed by Judge Carlos E. Mendoza on 11/17/2021. (VLC)
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| Filing 347 Ore Tenus Motion to Seal exhibits to Motion to vacate by Nuvasive, Inc. (MEH) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 346
ORDER denying #341 Motion for Reconsideration / Clarification. Signed by Judge Carlos E. Mendoza on 11/16/2021. (MEH) ctp
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| Filing 345 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 11/16/2021. Court Reporter: Suzanne L. Trimble (MEH) ctp |
| Filing 344 NOTICE OF HEARING: Telephone Conference set for 11/16/2021 at 2:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 111621. (MEH) ctp |
| Filing 343 JOINT PRETRIAL statement by Nuvasive, Inc.. (Attachments: #1 Exhibit Attachment 1 - NuVa's Exhibit List, #2 Exhibit Attachment 2 - Defs' Exhibit List, #3 Exhibit Attachment 3 - Joint Exhibit List, #4 Exhibit Attachment 4 - Joint Witness List, #5 Exhibit Attachment 5 - Decker's Expert Report, #6 Exhibit Attachment 6 - Dopp's Expert Report, #7 Exhibit Attachment 7 - Joint Jury Instructions, #8 Exhibit Attachment 8 - NuVa's Proposed Verdict Form, #9 Exhibit Attachment 9 - Defs' Proposed Verdict Form, #10 Exhibit Attachment 10 - Parties Respective Voir Dire Questions)(Cardwell, Christopher) Modified on 11/16/2021 (SPM). |
| Filing 342 MOTION In Limine to exclude Paul Dopp's Expert Testimony by Nuvasive, Inc. (Attachments: #1 Exhibit 1 -- Expert Report of Paul Dopp)(Evans, Diana) Modified on 11/16/2021 (SPM). |
| Filing 341 MOTION for Partial Reconsideration of Ruling on the Issues of Res Judicata/Collateral Estoppel re #334 Order on Motion for Summary Judgment/Order on Motion for Miscellaneous Relief/Order on Motion to Bifurcate by Absolute Medical Systems, LLC, Absolute Medical, LLC. (Milbrath, Stephen) Modified on 11/16/2021 (SPM). |
| Filing 340 NOTICE of re-filing Exhibit #2 by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris re #335 MOTION In Limine (Attachments: #1 Exhibit 2)(SPM) |
| Filing 339 (UNABLE TO OPEN PDF. RE-FILED AT #340.) NOTICE of re-filing Exhibit B to Doc 335 by Absolute Medical Systems, LLC, Absolute Medical, LLC re #335 MOTION In Limine (Attachments: #1 Appendix Exhibit B to Doc 335-2)(Milbrath, Stephen) Modified on 11/15/2021 (SPM). |
| Filing 338 MOTION for Leave to File Other Document :Motion to Vacate Arbitration Award by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Email exchange between Busch and Cardwell, #2 Exhibit 2 - Correspondence from McFarland to Busch, #3 Exhibit 3 - Hawley's Depo Transcript)(Evans, Diana) |
| Filing 337 (UNABLE TO OPEN PDF. RE-FILED AT #340) NOTICE of re-filing Exhibit 335-2 by Absolute Medical Systems, LLC, Absolute Medical, LLC re #335 MOTION In Limine (Attachments: #1 Exhibit Expert Report Narrative)(Milbrath, Stephen) Modified on 11/15/2021 (SPM). |
| Filing 336 REQUEST for oral argument re #335 MOTION In Limine by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Milbrath, Stephen) |
| Filing 335 MOTION In Limine by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Attachments: #1 Exhibit Arbitration Award, #2 Exhibit Expert Report Narrative)(Milbrath, Stephen) Modified on 11/15/2021 (SPM). **Unable to open PDF for Ex. 2. Re-filed at #340** |
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Filing 334
ORDER denying #308 Motion for Summary Judgment; denying #309 Motion to Exclude Expert Testimony of Misty Decker ; denying #310 Request for Oral Argument; denying #311 Motion to Bifurcate; denying #312 Motion for Summary Judgment. Signed by Judge Carlos E. Mendoza on 11/12/2021. (MEH) ctp
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| Filing 333 MOTION for Miscellaneous Relief, specifically Confirm Award as Final Judgment by Absolute Medical Systems, LLC, Absolute Medical, LLC. (Milbrath, Stephen) |
| Filing 332 NOTICE of Co-Counsel's Appearance by Stephen D. Milbrath on behalf of Absolute Medical Systems, LLC, Absolute Medical, LLC (Milbrath, Stephen) |
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Filing 331
ORDER denying #292 Motion for Reconsideration / Clarification. Signed by Judge Carlos E. Mendoza on 10/25/2021. (MEH) ctp
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Filing 330
ENDORSED ORDER denying #328 Defendants' Opposed Motion for Leave to File a Reply. (See Amended Case Management and Scheduling Order, Doc. 193, at 6). Signed by Judge Carlos E. Mendoza on 9/8/2021. (VLC)
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Filing 329
ENDORSED ORDER denying #326 Defendants' Opposed Motion for Leave to File a Reply; and denying #327 Defendants' Opposed Motion for Leave to File a Reply. Defendants have not stated good cause. Signed by Judge Carlos E. Mendoza on 9/8/2021. (VLC)
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| Filing 328 Opposed MOTION for Leave to File Other Document :Reply Briefs by All Defendants. (Mills, Christopher) Modified on 9/8/2021 (SPM). |
| Filing 327 Opposed MOTION for Miscellaneous Relief, specifically Leave to file Reply to Response to #309 Motion to Exclude Expert Testimony of Misty L. Decker, CPA by All Defendants. (Busch, Bryan) Modified on 9/8/2021 (SPM). |
| Filing 326 Opposed MOTION for Miscellaneous Relief, specifically Leave to file Response to #311 Motion to Bifurcate by All Defendants. (Busch, Bryan) Modified on 9/8/2021 (SPM). Modified on 9/8/2021 (SPM). |
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Filing 325
ORDER denying #324 DEFENDANTS' MOTION FOR RECONSIDERATION OF DISCOVERY ORDER. Signed by Magistrate Judge Gregory J. Kelly on 8/27/2021. (MB)
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| Filing 324 MOTION for Reconsideration re #319 Order on Motion to Strike / Order on Motion to Compel by Absolute Medical Systems, LLC, Greg Soufleris. (Mills, Christopher) Modified on 8/27/2021 (SPM). |
| Filing 323 RESPONSE re #308 MOTION for Partial Summary Judgment filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Nov. 27, 2017, email, #2 Exhibit 2 - Depo of G. Soufleris, #3 Exhibit 3 - NuVa's Resp to Defs' 2nd Interrog, #4 Exhibit 4 - Arbitration Transcript Testimony of Dr. Sawin, #5 Exhibit 5 - Surg.io Bill Sheets, #6 Exhibit 6 - Absolute_PST 005549, #7 Exhibit 7 - Nov. 14, 2017, email, #8 Exhibit 8 - Nov. 16, 2017, email)(McFarland, Marshall) |
| Filing 322 RESPONSE re #312 MOTION for Summary Judgment or in the Alternative to Compel Arbitrations filed by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 321 RESPONSE in Opposition re #309 MOTION to Exclude Expert Testimony of Misty Decker, CPA filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Decker Supp Expert Report dated Aug. 9, 2021, #2 Exhibit 2 - McFarland email thread to Busch, #3 Exhibit 3 - Decker Depo Transcript, #4 Exhibit 4 - Dopp Depo Transcript, #5 Exhibit 5 - AMS Resp to Interrog, #6 Exhibit 6 - AMS Resp to 2nd RPD, #7 Exhibit 7 - Surgi.o Bill Sheets)(McFarland, Marshall) |
| Filing 320 RESPONSE re #311 MOTION to Bifurcate Trial filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - March 25, 2021, Hearing Transcript)(McFarland, Marshall) |
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Filing 319
ORDER granting #307 NUVASIVE, INC.'S MOTION TO STRIKE DEFENDANTS' RESPONSE TO MOTION TO COMPEL; granting in part and denying in part #302 NUVASIVE, INC.'S MOTION TO COMPEL BETTER RESPONSES. The Response, Doc. No. 306, is STRICKEN. See Order for additional details. Signed by Magistrate Judge Gregory J. Kelly on 8/20/2021. (MB)
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Filing 318
ORDER denying #297 NUVASIVE, INC.'S MOTION FOR LEAVE TO DEPOSE NON-PARTY WITNESS AFTER DISCOVERY DEADLINE. Signed by Magistrate Judge Gregory J. Kelly on 8/20/2021. (MB)
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| Filing 317 SUPPLEMENT re #297 MOTION for Miscellaneous Relief, specifically for Leave to Depose Non-Party Witness After Discovery Deadline by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 316 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 315 TRANSCRIPT of Telephonic Pretrial Conference held on 3/25/21 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/2/2021 Redacted Transcript Deadline set for 9/13/2021 Release of Transcript Restriction set for 11/10/2021. (SLT) |
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Filing 314
ENDORSED ORDER granting #313 NUVASIVE, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME re #309 MOTION to Exclude Expert Testimony of Misty Decker, CPA, #311 MOTION to Bifurcate Trial , #308 MOTION for Partial Summary Judgment, #312 MOTION for Summary Judgment or in the Alternative to Compel Arbitrations. Responses due by 8/20/2021. Signed by Magistrate Judge Gregory J. Kelly on 8/5/2021. (MB)
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| Filing 313 Unopposed MOTION for Extension of Time to August 20, 2021, to File Response/Reply as to #309 MOTION to Exclude Expert Testimony of Misty Decker, CPA, #312 MOTION for Summary Judgment or in the Alternative to Compel Arbitrations, #311 MOTION to Bifurcate Trial , #308 MOTION for Partial Summary Judgment by Nuvasive, Inc. (McFarland, Marshall) Modified on 8/5/2021 (SPM). |
| Filing 312 MOTION for Summary Judgment or in the Alternative to Compel Arbitrations by Absolute Medical Systems, LLC. (Mills, Christopher) Modified text on 7/26/2021 (TNP). |
| Filing 311 MOTION to Bifurcate Trial by All Defendants. (Busch, Bryan) Modified text on 7/23/2021 (TNP). |
| Filing 310 REQUEST for oral argument re #309 MOTION to Exclude Expert Testimony of Misty Decker, CPA, #308 MOTION for Partial Summary Judgment, and Absolute Medical Systems, LLC's Motion for Summary Judgment or in the Alternative, to Compel Arbitration by Absolute Medical Systems, LLC. (Busch, Bryan) Modified text on 7/23/2021 (TNP). |
| Filing 309 MOTION to Exclude Expert Testimony of Misty Decker, CPA by All Defendants. (Attachments: #1 Exhibit Decker Deposition)(Busch, Bryan) Modified text on 7/23/2021 (TNP). |
| Filing 308 MOTION for Partial Summary Judgment by All Defendants. (Attachments: #1 Exhibit Decker Deposition)(Busch, Bryan) Modified text on 7/23/2021 (TNP). |
| Filing 307 MOTION to Strike #306 Response to motion by Nuvasive, Inc.. (Evans, Diana) |
| Filing 306 **STRICKEN per #319 Order** RESPONSE to Motion re #302 MOTION to Compel Better Responses to Requests for Production filed by Absolute Medical Systems, LLC. (Busch, Bryan) Modified on 8/20/2021 (SPM). |
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Filing 305
ENDORSED ORDER denying #304 PLAINTIFF'S OPPOSED MOTION FOR LEAVE TO FILE A REPLY TO DEFENDANTS' RESPONSE TO NUVASIVE'S MOTION FOR LEAVE TO DEPOSE NON-PARTY WITNESS AFTER DISCOVERY DEADLINE for failure to specify the need for a reply as required by Local Rule 3.01(d), other than the conclusory assertion that additional relevant information would be provided. Signed by Magistrate Judge Gregory J. Kelly on 7/12/2021. (MB)
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| Filing 304 MOTION for Miscellaneous Relief, specifically Opposed Motion for Leave to File a Reply to Defendants' Response to NuVasive's Motion for Leave to Depose Non-Party Witness After Discovery Deadline by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 303 RESPONSE in Opposition re #297 MOTION for Miscellaneous Relief, specifically for Leave to Depose Non-Party Witness After Discovery Deadline filed by Absolute Medical, LLC. (Mills, Christopher) |
| Filing 302 MOTION to Compel Better Responses to Requests for Production by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 -- Soufleris Responses to Requests for Production, #2 Exhibit 2 -- Absolute Medical System's Responses to Requests for Production)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 301
ORDER granting #298 DEFENDANT'S MOTION FOR PROTECTIVE ORDER RELATED TO PLAINTIFF'S DEPOSITION NOTICE. Signed by Magistrate Judge Gregory J. Kelly on 6/29/2021. (MB)
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| Filing 300 RESPONSE to Motion re #298 MOTION for Protective Order Related to Plaintiff's Deposition Notice filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of Absolute Medical, LLC, #2 Exhibit 2 - Depo of G. Soufleris, #3 Exhibit 3 - Email with Depo Notice to G. Soufleris)(McFarland, Marshall) |
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Filing 299
ORDER ruling deferred #298 DEFENDANT'S MOTION FOR PROTECTIVE ORDER RELATED TO PLAINTIFF'S DEPOSITION NOTICE. Nuvasive, Inc. shall file a response to the Motion on or before June 28, 2021. Soufleris's deposition is STAYED pending resolution of the Motion. Signed by Magistrate Judge Gregory J. Kelly on 6/24/2021. (MB)
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| Filing 298 MOTION for Protective Order by Greg Soufleris. (Attachments: #1 Exhibit 1-Deposition Notice)(Mills, Christopher) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 297 MOTION for Miscellaneous Relief, specifically for Leave to Depose Non-Party Witness After Discovery Deadline by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Email Thread Between McFarland and Burson, #2 Exhibit 2 - Declaration of M. Thomas McFarland)(McFarland, Marshall) |
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Filing 296
ENDORSED ORDER denying for failure to comply with Local Rule 3.01(g) #295 DEFENDANT'S MOTION FOR PROTECTIVE ORDER RELATED TO PLAINTIFF'S DEPOSITION NOTICE. Signed by Magistrate Judge Gregory J. Kelly on 6/23/2021. (MB)
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| Filing 295 MOTION for Protective Order Related to Plaintiff's Deposition Notice by Greg Soufleris. (Busch, Bryan) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 6/23/2021 (SPM). |
| Filing 294 RESPONSE to Motion re #292 MOTION for Reconsideration re #290 Order on Motion for SanctionsOrder on Motion for Partial Summary Judgment filed by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 293 RESPONSE re #290 Order on Motion for Sanctions / Order on Motion for Partial Summary Judgment filed by Bryan E Busch. (Busch, Bryan) Modified on 5/18/2021 (SPM). |
| Filing 292 MOTION for Reconsideration re #290 Order on Motion for SanctionsOrder on Motion for Partial Summary Judgment by All Defendants. (Attachments: #1 Exhibit Minute Entry, #2 Exhibit Final Award)(Busch, Bryan) |
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Filing 291
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/30/2021 Dispositive motions due by 7/23/2021 Pretrial statement due by 11/15/2021 All other motions due by 11/15/2021 In-Person Final Pretrial Conference set for 11/22/2021 at 3:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for 11/29/2021 at 8:30 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Signed by Judge Carlos E. Mendoza on 5/5/2021. (MEH) ctp
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Filing 290
ORDER granting in part and denying in part #203 Motion for Sanctions for Spoliation of Evidence; granting in part and denying in part #257 Motion for Partial Summary Judgment by Absolute Medical Systems; granting in part and denying in part #260 Motion for Partial Summary Judgment. See Order for details. On or before May 18, 2021, counsel for Defendants, Mr. Bryan E. Busch, shall SHOW CAUSE as to why he should not be sanctioned for spoliation of evidence in this case.Signed by Judge Carlos E. Mendoza on 5/4/2021. (MEH) ctp
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| Set deadlines: Show Cause Response due by 5/18/2021 (SPM) |
| Filing 289 Amended CASE MANAGEMENT REPORT. (McFarland, Marshall) Modified on 4/21/2021 (SPM). |
| Filing 288 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 04/07/2021 is rescheduled. New scheduling date and time: In-Person Final Pretrial Conference set for 11/22/2021 at 3:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
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Filing 287
ENDORSED ORDER directing that on or before April 26, 2021, the parties shall file an Amended Case Management Report. Signed by Judge Carlos E. Mendoza on 3/25/2021. (VLC)
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| Filing 286 NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for 04/12/2021 is rescheduled. New scheduling date and time: Date Certain Jury Trial set for 11/29/2021 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved a total of 5 days for trial. (MEH) ctp |
| Filing 285 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC PRETRIAL CONFERENCE held on 3/25/2021. Court Reporter: Suzanne L. Trimble (MEH) ctp |
| Filing 284 NOTICE of hearing: Telephone Conference set for 3/25/2021 at 10:45 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Counsel shall call 1-866-434-5269, Access Code 4420602, password 032521 at least 5 minutes prior to the start of the hearing. (counsel mailed/emailed)(AKC) |
| Filing 283 Joint NOTICE and Request for a Status Conference by Nuvasive, Inc. re #178 Order on Motion to Stay (Attachments: #1 Exhibit 1 - Absolute (AAA)_Order on NuVa_s MT Partial Summary Judgment, #2 Exhibit 2 - Absolute (AAA)_Final Award)(McFarland, Marshall) Modified on 3/15/2021 (SPM). Modified on 1/11/2022 (SPM). **The Arbitration Award (Doc. 283-2) is VACATED per #371 Order** |
| Filing 282 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Final Pretrial Conference hearing previously scheduled for 04/07/2021 is rescheduled. New hearing time: Final Pretrial Conference set for 4/7/2021 at 3:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
| Filing 281 Amended CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order (AMENDED) by Nuvasive, Inc. identifying Corporate Parent BlackRock, Inc. for Nuvasive, Inc. (Evans, Diana) Modified on 1/29/2021 (SPM). |
| Filing 280 NOTICE OF RESCHEDULING HEARING: The Telephonic Final Pretrial Confernce hearing previously scheduled for 01/28/2021 is rescheduled. New scheduling date and time: In-person Final Pretrial Conference set for 4/7/2021 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
| Filing 279 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Telephonic Final Pretrial Conference hearing previously scheduled for 01/28/2021 is rescheduled. New hearing time: Telephonic Final Pretrial Conference set for 1/28/2021 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 012821. (MEH) ctp |
| Filing 278 NOTICE of change of address by Bryan E. Busch (Busch, Bryan) |
| Filing 277 NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for 12/01/2020 is rescheduled. New scheduling date and time: Date certain jury trial set for 4/12/2021 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
| Filing 276 NOTICE of HEARING: Telephonic Final Pretrial Conference set for 1/28/2021 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 012821. (MEH) ctp |
| Filing 275 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TRIAL STATUS CONFERENCE held on 11/23/2020. Court Reporter: Heather Suarez (MEH) ctp |
| Filing 274 JOINT PRETRIAL statement by Nuvasive, Inc.. (Attachments: #1 NuVasive's Exhibit List, #2 Defendants' Exhibit List, #3 Joint Witness List, #4 Proposed Jury Instructions, #5 NuVasive's Proposed Verdict Form, #6 Defendants' Proposed Verdict Form)(Cardwell, Christopher) Modified on 11/18/2020 (SPM). |
| Filing 273 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 11/16/2020 is rescheduled. New scheduling date and time: Trial Status Conference set for 11/23/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
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Filing 272
ENDORSED ORDER granting #271 Joint Motion to Reschedule Trial Status Conference. The Trial Status Conference is rescheduled for November 23, 2020, at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Signed by Judge Carlos E. Mendoza on 11/12/2020. (VLC)
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| Filing 271 Joint MOTION to Reschedule November 16, 2020 Trial Status Conference by Nuvasive, Inc. (Evans, Diana) Modified text on 11/12/2020 (TNP). |
| Filing 270 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 11/17/2020 at 2:15 PM is rescheduled. New scheduling date and time: Trial Status Conference set for 11/16/2020 at 2:15 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
| Filing 269 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 11/19/2020 at 10:00 AM is rescheduled. New scheduling date and time: Trial Status Conference set for 11/17/2020 at 2:15 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
| Filing 268 REPLY to Response to Motion re #260 MOTION for Partial Summary Judgment Consolidated Motion for Partial Summary Judgment Against Absolute Medical, LLC, Absolute Medical Systems, LLC, Dave Hawley and Ryan Miller and Supporting Memorandum of Law filed by Nuvasive, Inc.. (Cardwell, Christopher) |
| Filing 267 REPLY to Response to Motion re #257 MOTION for Partial Summary Judgment filed by Absolute Medical Systems, LLC, Dave Hawley, Ryan Miller. (Attachments: #1 Exhibit NuVasive, Inc.'s Discovery Responses)(Busch, Bryan) |
| Filing 266 **STRICKEN per #290 Order** RESPONSE to Motion re #260 MOTION for Partial Summary Judgment Consolidated Motion for Partial Summary Judgment Against Absolute Medical, LLC, Absolute Medical Systems, LLC, Dave Hawley and Ryan Miller and Supporting Memorandum of Law filed by Absolute Medical Systems, LLC. (Busch, Bryan) Modified on 5/4/2021 (SPM). |
| Filing 265 RESPONSE to Motion re #257 MOTION for Partial Summary Judgment filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of G. Soufleris, #2 Exhibit 2 - Depo of Absolute Medical, LLC, #3 Exhibit 3 - Depo of D. Hawley, #4 Exhibit 4 - Depo of R. Miller, #5 Exhibit 5 - Email thread among Strachan, Miller and Gubba, #6 Exhibit 6 - Dec. 13, 2017, Correspondence from Cardwell to Busch, #7 Exhibit 7 - June 27, 2018, Hawley Discovery Letter with Email, #8 Exhibit 8 - Hawley 2013 Agreement with Absolute Medical, LLC, #9 Exhibit 9 - Miller 2013 Agreement with Absolute Medical, LLC, #10 Exhibit 10 - Hawley 2014-2016 Agreements with Absolute Medical, LLC, #11 Exhibit 11 - Miller 2014-2016 Agreements with Absolute Medical, LLC, #12 Exhibit 12 - Depo of NuVasive, #13 Exhibit 13 - Demand for Arbitration, #14 Exhibit 14 - Hawley and Miller State Court Complaint, #15 Exhibit 15 - Hawley and Miller 2018 Agreements with Absolute Medical Systems, LLC, #16 Exhibit 16 - Bragulla Agreement, #17 Exhibit 17 - Nov. 30, 2017, Email from Hawley to Soufleris, #18 Exhibit 18 - Depo of T. Bragulla, #19 Exhibit 19 - Surgery Requisition Form for Sawin ACDF Surgery)(Cardwell, Christopher) |
| Filing 264 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 08/20/2020 is rescheduled. The Jury Trial previously scheduled to begin on the trial term commencing on 09/01/2020 is rescheduled. New scheduling date and time: Trial Status Conference set for 11/19/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Jury Trial set for trial term commencing on 12/1/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
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Filing 263
ENDORSED ORDER continuing this case to the December 2020 trial term. The trial status conference set for August 20, 2020, is CONTINUED to November 19, 2020, at 10:00 a.m. All other pending pretrial deadlines are CONTINUED for ninety days. Signed by Judge Carlos E. Mendoza on 8/10/2020. (KMS)
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| Set/reset deadlines as to #257 MOTION for Partial Summary Judgment . Responses due by 8/19/2020 (ARJ). |
| ENTERED IN ERROR (LDJ) Modified on 7/29/2020 (MAA). |
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Filing 262
ORDER granting in part #261 Motion for Reconsideration / Clarification. Plaintiff's request for an extension is GRANTED, and Plaintiff may have thirty days within which to respond to Defendants' Motion for Summary Judgment. On or before August 19, 2020, Plaintiff may file a Response to Defendants' Motion for Summary Judgment. Defendants' response deadline of fourteen days remains unchanged. Additionally, each party may file a Reply that complies with the deadlines and requirements set forth in the Amended CMSO. Signed by Judge Carlos E. Mendoza on 7/28/2020. (MEH) ctp
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| Filing 261 MOTION for Clarification re 252 Order on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment or in the Alternative for an Extension of Time to Respond by Nuvasive, Inc.. (Attachments: #1 Exhibit 1)(Evans, Diana) |
| Filing 260 MOTION for Partial Summary Judgment Consolidated Motion for Partial Summary Judgment Against Absolute Medical, LLC, Absolute Medical Systems, LLC, Dave Hawley and Ryan Miller and Supporting Memorandum of Law by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of Absolute Medical, LLC, #2 Exhibit 2 - Depo of Absolute Medical Systems, #3 Exhibit 3a - Depo of Gregory Soufleris, #4 Exhibit 3b - Depo of Gregory Soufleris, #5 Exhibit 4 - Absolute Medical LLC's Responses to RPD, #6 Exhibit 5 - Absolute Medical LLC's Response to Interrog., #7 Exhibit 6 - Hawley's Responses to Interrog., #8 Exhibit 7 - Hawley's Responses to RPD, #9 Exhibit 8 - June 27, 2018, Email from Emmanuel, #10 Exhibit 9 - Hawley's 2016 Compliance Agreement, #11 Exhibit 10 - Miller's 2016 Compliance Agreement, #12 Exhibit 11 Absolute Medical LLC's Amended Responses to Interrog., #13 Exhibit 12 - Feb. 23, 2017, Email from Gottstein to Edelson, #14 Exhibit 13 - Email thread between Soufleris and Besharatpour, #15 Exhibit 14 - Email thread between Soufleris and Hunsaker, #16 Exhibit 15 - Depo of D. Edelson, #17 Exhibit 16 - Email thread between Miller and Grinyuk, #18 Exhibit 17 - Depo of Dave Hawley, #19 Exhibit 18 - Declaration of T. McFarland, #20 Exhibit 19 - Depo of R. Miller, #21 Exhibit 20 - Charge Sheets, #22 Exhibit 21 - Jan. 23, 2017, email thread between Soufleris and Hawley, #23 Exhibit 22 - Feb. 9, 2017, Email from Edelson to Hawley, #24 Exhibit 23 - Feb. 9, 2017, Email from Hawley to Edelson, #25 Exhibit 24 - Feb. 17, 2017, email thread between Hawley and Edelson, #26 Exhibit 25 - Oct. 16, 2017, email thread between Soufleris and Edelson, #27 Exhibit 26 - Oct. 16, 2017, Email from Edelson, #28 Exhibit 27 - Jan. 23, 2017, email thread between Soufleris and Miller, #29 Exhibit 28 - Feb. 9, 2017, email from Edelson to Miller, #30 Exhibit 29 - Feb. 17, 2017, email from Edelson to Miller, #31 Exhibit 30 - Aug. 8, 2017, Email from Miller to Soufleris, #32 Exhibit 31 - Declaration of P. Marzano, #33 Exhibit 32 - Depo of Absolute Ortho, LLC, #34 Exhibit 33 Deposition of Mark Singer)(Cardwell, Christopher) Modified on 8/7/2020 (MAA). |
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Filing 259
ENDORSED ORDER granting #258 NUVASIVE, INC.'S UNOPPOSED MOTION TO CONDUCT MEETING TO PREPARE JOINT FINAL PRETRIAL STATEMENT BY REMOTE MEANS. Signed by Magistrate Judge Gregory J. Kelly on 7/27/2020. (MB)
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| Filing 258 Unopposed MOTION for Miscellaneous Relief, specifically to Conduct Meeting to Prepare Joint Final Pretrial Statment by Remote Means by Nuvasive, Inc.. (Evans, Diana) |
| Filing 257 MOTION for Partial Summary Judgment by Absolute Medical Systems, LLC, Dave Hawley, Ryan Miller. (Busch, Bryan) Modified on 7/21/2020 (SPM). |
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Filing 256
ENDORSED ORDER granting in part #255 Plaintiff's Unopposed Motion for Leave to File Excess Pages. Plaintiff may file a Motion for Summary Judgment that does not exceed thirty-five pages. The deadline to file remains unchanged. Signed by Judge Carlos E. Mendoza on 7/20/2020. (VLC)
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| Filing 255 Unopposed MOTION to File Excess Pages regarding Motion for Summary Judgment by Nuvasive, Inc. (Evans, Diana) Modified on 7/20/2020 (SPM). |
| Filing 254 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 253 TRANSCRIPT of Telephonic Status Conference held on 6/10/20 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/22/2020, Redacted Transcript Deadline set for 8/3/2020, Release of Transcript Restriction set for 9/29/2020. (SLT) |
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Filing 252
ENDORSED ORDER denying as moot for the reasons stated on the record at the June 10, 2020 telephonic status conference #195 Nuvasive, Inc.'s Motion for Partial Summary Judgment Against Dave Hawley and Ryan Miller; #196 Nuvasive, Inc.'s Motion for Partial Summary Judgment Against Absolute Medical, LLC and Absolute Medical Systems, LLC; and #198 Dave Hawley, Ryan Miller, and Absolute Medical Systems, LLC's Motion for Summary Judgement. On or before July 27, 2020, each party may file a single Motion for Summary Judgement that complies with the requirements set forth in the Case Management and Scheduling Order. Signed by Judge Carlos E. Mendoza on 6/10/2020. (VLC)
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| Filing 251 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 6/10/2020. Court Reporter: Suzanne L. Trimble (MEH) ctp |
| Filing 250 NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 07/16/2020 is rescheduled. The jury trial for trial term commencing on 08/03/2020 is rescheduled. New scheduling date and time: In-person Trial Status Conference set for 8/20/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Jury Trial set for trial term commencing on 9/1/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. (MEH) ctp |
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Filing 249
ENDORSED ORDER continuing this case to the September 2020 trial term and extending all remaining pretrial filing deadlines by thirty days. Signed by Judge Carlos E. Mendoza on 6/5/2020. (KMS)
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| Filing 248 NOTICE of TELEPHONIC HEARING: Telephonic Status Conference set for 6/10/2020 at 11:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 061020.(MEH) ctp |
| Filing 247 RESPONSE in Opposition re #246 SUPPLEMENTAL Memorandum in support re #195 MOTION for partial summary judgment filed by Absolute Medical Systems, LLC. (Busch, Bryan) Modified on 5/22/2020 (SPM). |
| Filing 246 SUPPLEMENTAL Memorandum in support re #195 MOTION for partial summary judgment Against Dave Hawley and Ryan Miller and Supporting Memorandum of Law, #203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Feb. 11, 2020, Hearing Transcript, #2 Exhibit 2 - Depo of Absolute Medical, #3 Exhibit 3 - Jan. 23, 2017, Hawley Email Thread, #4 Exhibit 4 - Feb. 9, 2017, Email from Edelson, #5 Exhibit 5 - Depo of D. Hawley, #6 Exhibit 6 - Feb. 9, 2017, Email from Hawley, #7 Exhibit 7 - Feb. 17, 2017, Email Thread, #8 Exhibit 8 - Oct. 16, 2017, Email thread, #9 Exhibit 9 - Oct. 16, 2017, Email from Edelson, #10 Exhibit 10 - Nov. 30, 2017, Email from Hawley, #11 Exhibit 11 - Jan. 23, 2017, Miller Email Thread, #12 Exhibit 12 - Feb. 9, 2017, Email from Edelson, #13 Exhibit 13 - Feb. 17, 2017, Email from Edelson, #14 Exhibit 14 - Depo of R. Miller, #15 Exhibit 15 - Aug. 8, 2017, Email from Miller, #16 Exhibit 16 - Aug. 11, 2017, Email from Fuller)(McFarland, Marshall) Modified on 5/12/2020 (SPM). |
| Filing 245 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 244 TRANSCRIPT of Telephone Conference held on 2/11/20 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/26/2020, Redacted Transcript Deadline set for 6/5/2020, Release of Transcript Restriction set for 8/3/2020. (SLT) |
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Filing 243
ORDER denying #238 Motion to Amend Complaint; denying #240 Motion for Leave to File Reply. Signed by Magistrate Judge Thomas B. Smith on 5/4/2020. (Smith, Thomas)
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| Filing 242 NOTICE by Nuvasive, Inc. re #241 Order pdf (Attachments: #1 Exhibit 1 - January 23, 2017 Soufleris-Hawley Email Thread, #2 Exhibit 2 - February 9, 2017 Email From Edelson to Hawley Containing 2017 Compliance Agreement, #3 Exhibit 3 - February 9, 2017 Hawley-Edelson Email Thread, #4 Exhibit 4 - February 17, 2017 Hawley-Edelson Email Thread, #5 Exhibit 5 - November 30, 2017 Email from Hawley to Soufleris, #6 Exhibit 6 - August 8, 2017 Email from Miller to Soufleris, #7 Exhibit 7 - August 11, 2017 Email From Fullen)(McFarland, Marshall) |
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Filing 241
ORDER to file documents supporting assertion by Plaintiff. Signed by Magistrate Judge Thomas B. Smith on 4/17/2020. (Smith, Thomas)
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| Filing 240 MOTION for Leave to File Other Document :to file Reply in Support of its Motion for Leave to File Third Amended Complaint by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 239 RESPONSE to Motion re #238 MOTION to Amend #188 Amended Complaint 3rd Amended Complaint filed by Absolute Medical Systems, LLC. (Busch, Bryan) |
| Filing 238 MOTION to Amend #188 Amended Complaint by Nuvasive, Inc. (McFarland, Marshall) Modified on 4/2/2020 (SPM). |
| Filing 237 NOTICE of withdrawal of Expert Disclosures by Absolute Medical, LLC (Busch, Bryan) Modified on 3/6/2020 (DMA). |
| Filing 236 Defendants' Expert Disclosure by Absolute Medical, LLC (Busch, Bryan) Modified on 3/6/2020 (DMA). |
| Set deadlines as to #225 MOTION in limine to Preclude Defendant, Absolute Medical, LLC from Claiming the Attorney-Client Privilege at Trial and Supporting Memorandum. Replies due by 3/6/2020. (SPM) |
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Filing 235
ENDORSED ORDER granting #234 Plaintiff's Unopposed Motion for Leave to File a Reply. On or before March 6, 2020, Plaintiff may file a Reply of no more than five pages. Signed by Judge Carlos E. Mendoza on 2/25/2020. (VLC)
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| Filing 234 Unopposed MOTION for Leave to File Other Document :Motion for Leave to File a Reply to Defendant Absolute Medical, LLC's Response in Opposition to Plaintiff's Motion in Limine to Preclude Absolute Medical, LLC from Claiming the Attorney-Client Privilege at Trial and Supporting Brief by Nuvasive, Inc.. (McFarland, Marshall) |
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Filing 233
ORDER granting #224 Motion to depose Amanda N. Bergeron. Signed by Magistrate Judge Thomas B. Smith on 2/19/2020. (Smith, Thomas)
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| Reset scheduling order deadlines: Pretrial statement due by 7/13/2020, Trial Status Conference set for 7/16/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for trial term commencing 8/3/2020 at 08:30 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (SPM) |
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Filing 232
ENDORSED ORDER granting #230 Plaintiff's Unopposed Motion to Continue Trial. This case is now set for the August 2020 trial term. The joint pretrial statement is due by July 13, 2020, and the trial status conference is set for July 16, 2020, at 10:00 AM. Signed by Judge Carlos E. Mendoza on 2/18/2020. (VLC)
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| Filing 231 RESPONSE in Opposition re #225 MOTION in limine to Preclude Defendant, Absolute Medical, LLC from Claiming the Attorney-Client Privilege at Trial and Supporting Memorandum filed by Absolute Medical, LLC. (Busch, Bryan) |
| Filing 230 Unopposed MOTION to Continue Trial to July or August 2020 Trial Term by Nuvasive, Inc.. (Evans, Diana) |
| Filing 229 NOTICE OF RESCHEDULING HEARINGS: Jury Trial previously scheduled for April 1, 2020 is rescheduled for 6/1/2020 at 8:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Trial Status Conference previously scheduled for March 19, 2020 is rescheduled for 5/21/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza (MEH) ctp |
| Filing 228 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 2/11/2020. Court Reporter: Suzanne L. Trimble (MEH) |
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Filing 227
ENDORSED ORDER continuing the trial term for two months. This case is now set for the June 2020 trial term. The joint pretrial statement is due by May 13, 2020, and the trial status conference is set for May 21, 2020, at 10:00 AM. Signed by Judge Carlos E. Mendoza on 2/11/2020. (VLC)
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| Filing 226 NOTICE OF HEARING: Telephone Status Conference set for 2/11/2020 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court wants a briefing from the parties on the current status of discovery in relation to the pending motions on the docket. The parties shall call 888-684-8852 ten minutes before the hearing is scheduled to begin. Access Code:8619612. Security Code:021120. (MEH) ctp Modified on 2/4/2020 (MEH). |
| Filing 225 MOTION in limine to Preclude Defendant, Absolute Medical, LLC from Claiming the Attorney-Client Privilege at Trial and Supporting Memorandum by Nuvasive, Inc. (Attachments: #1 Exhibit 1 - Depo Excerpts of Absolute Medical, #2 Exhibit 2 - Soufleris' Interrog. Responses, #3 Exhibit 3 - Depo Excerpts of Greg Soufleris, #4 Exhibit 4 - Depo Excerpts of Absolute Medical Systems)(McFarland, Marshall) Modified on 2/4/2020 (SPM). |
| Filing 224 MOTION for miscellaneous relief, specifically Leave to Take Deposition of Amanda Bergeron, Esq. and Supporting Memorandum by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 223 CERTIFICATE for return of exhibits 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 from 11/19/19 evidentiary hearing as to Nuvasive, Inc. Exhibits mailed to counsel Christopher W. Cardwell and Marshall Thomas McFarland on 1/23/20. (AKC) |
| Filing 222 Exhibit List by Nuvasive, Inc. from November 19, 2019 evidentiary hearing before the Honorable Carlos E. Mendoza. (Attachments: #1 Exhibit 2, #2 Exhibit 4, #3 Exhibit 14, #4 Exhibit 29, #5 Exhibit 30)(AKC) |
| Filing 221 NOTICE of compliance re #219 Order by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris (Attachments: #1 Exhibit Declaration of Laura H. Mirmelli)(Busch, Bryan) |
| Filing 220 NOTICE of compliance re 217 Telephone Conference by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris (Attachments: #1 Exhibit Affidavit of Amanda Bergeron)(Busch, Bryan) |
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Filing 219
ORDER re #218 Compliance notice filed by Nuvasive, Inc. On or before January 10, 2020, Defendants Greg Soufleris, Dave Hawley, and Ryan Miller shall access Google Takeout to attempt to retrieve any documents and data from the previously deactivated @absolute-med.com email domain and the previously deactivated @absolute-medical.org email addresses. If the documents and data are not retrievable via Google Takeout, on or before January 17, 2020, Defendants Greg Soufleris, Dave Hawley, and Ryan Miller shall reinstate the accounts identified and then retrieve the documents and data. On or before January 24, 2020, upon complying with #1 and #2 above, Defendants shall file a joint notice with the Court with the results of compliance. Failure to comply may result in sanctions, including default, without further notice. Signed by Judge Carlos E. Mendoza on 1/3/2020. (MEH) (CTP)
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| Filing 218 NOTICE of compliance re 217 Telephone Conference by Nuvasive, Inc. (Attachments: #1 Exhibit 1 - Declaration of M. Thomas McFarland, #2 Exhibit A - Subpoena to Google, #3 Exhibit B - Google's Response to Subpoena)(McFarland, Marshall) |
| Filing 217 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 11/25/2019. Court questions counsel on some issues prior to making a final ruling. Court instructs plaintiff to subpoena Google for e-mails and questions defendant regarding hard drives. Parties are to report their findings to the Court. Counsel for Pltf: Christopher W. Cardwell and Marshall T. McFarland. Counsel for Deft: Bryan E. Busch and Christopher Young Mills. Start time: 1:45 p.m; End time: 1:50 p.m. Total time: 5 minutes. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 216 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 215 TRANSCRIPT of MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE held on 11-19-19 before Judge Carlos E. Mendoza. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/12/2019, Redacted Transcript Deadline set for 12/23/2019, Release of Transcript Restriction set for 2/19/2020. (SLT) |
| Filing 213 NOTICE of telephonic hearing on motion - re #203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support. Telephonic Motion Hearing set for 11/25/2019 at 01:30 PM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 112519. (DJD) ctp |
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Filing 212
ENDORSED ORDER granting Defendants' ore tenus request to respond to Plaintiff's Hearing Exhibits 1-15. On or before December 4, 2019, Defendants may file objections or additional exhibits in response to Plaintiff's Hearing Exhibits 1-15. Signed by Judge Carlos E. Mendoza on 11/20/2019. (VLC)
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| Filing 214 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 11/19/2019 re #203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support filed by Nuvasive, Inc. Plaintiff's witnesses: Marshall Thomas McFarland, Ryan Miller, David Hawley and Greg Soufleris. Counsel make closing arguments. Court admits plaintiff's exhibits 2, 4, 14, 29 and 30; Court defers ruling on exhibits 1, 3, 5-13 and 15 to allow defendant to address. Court takes matter under advisement and will issue written order. Counsel for Pltf: Christopher W. Cardwell and Marshall Thomas McFarland; Counsel for Defts: Bryan E. Busch and Christopher Young Mills. Start time: 2:00 p.m; End time: 4:00 p.m. Total time: 2 hours. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 211 RESPONSE in Opposition re #203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support filed by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Attachments: #1 Affidavit Declaration of Greg Soufleris, #2 Affidavit Declaration of Dave Hawley, #3 Affidavit Declaration of Ryan Miller, #4 Exhibit Deposition of Greg Soufleris, #5 Exhibit Deposition of Dave Hawley, #6 Exhibit Deposition of Ryan Miller)(Busch, Bryan) |
| Filing 210 RESPONSE to Motion re #198 MOTION for summary judgment and Incorporated Memorandum in Support filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of Greg Soufleris, #2 Exhibit 2 - Depo of Absolute Medical, LLC, #3 Exhibit 3 - Depo of Dave Hawley, #4 Exhibit 4 - Depo of Ryan Miller, #5 Exhibit 5 - Email thread between Miller and Gubba, #6 Exhibit 6 - June 26, 2018, Hawley Discovery Letter with Email, #7 Exhibit 7 - June 26, 2018, Absolute Medical, LLC Discoveyr Letter with email, #8 Exhibit 8 - Hawley 2013 Agreement with Absolute Medical, LLC, #9 Exhibit 9 - Miller 2013 Agreement with Absolute Medical, LLC, #10 Exhibit 10 - Hawley 2014-2016 Agreements with Absolute Medical, LLC, #11 Exhibit 11 - Miller 2014-2016 Agreements with Absolute Medical, LLC, #12 Exhibit 12 - NuVa's Responses to Defs' Interrog., #13 Exhibit 13 - Depo of NuVa, #14 Exhibit 14 - NuVa's Demand for Arbitration against Absolute Medical, LLC, #15 Exhibit 15 - Hawley and Miller State Court Complaint, #16 Exhibit 16 - Hawley and Miller 2018 Agreements with Absolute Medical Systems, LLC, #17 Exhibit 17 - Thad Bragulla Agreement with Absolute Medical, Inc., #18 Exhibit 18 - Depo of Thad Bragulla, #19 Exhibit 19 - Surgery Requisition Form for Sawin Surgery)(Cardwell, Christopher) |
| Filing 209 REPLY to Response to Motion re #196 MOTION for partial summary judgment Against Absolute Medical, LLC and Absolute Medical Systems, LLC and Supporting Memorandum filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Notice of Depo to Absolute Medical, LLC, #2 Exhibit 2 - Notice of Depo to Absolute Medical Systems, LLC, #3 Exhibit 3 - Depo Transcript of Absolute Medical, LLC, #4 Exhibit 4 - Depo Transcript of Absolute Medical Systems, LLC, #5 Exhibit 5 - Depo Transcript of Greg Soufleris, #6 Exhibit 6 - Absolute Medical Systems 2019 Annual Report)(McFarland, Marshall) |
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Filing 208
ENDORSED ORDER granting #206 Nuvasive, Inc.'s Unopposed Motion for Additional Pages. Plaintiff may file a Response of no more than twenty-three pages. Signed by Judge Carlos E. Mendoza on 11/12/2019. (VLC)
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| Filing 207 REPLY to Response to Motion re #195 MOTION for partial summary judgment Against Dave Hawley and Ryan Miller and Supporting Memorandum of Law filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Arbitration Demand)(McFarland, Marshall) |
| Filing 206 Unopposed MOTION for Leave to File Excess Pages to Respond to #198 Defendants' Motion for Summary Judgment by Nuvasive, Inc. (Evans, Diana) Modified on 11/12/2019 (SPM). |
| Filing 205 NOTICE of evidentiary hearing on #203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support. Evidentiary Hearing set for 11/19/2019 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The Court has set aside 90 minutes for this hearing. (DJD) ctp |
| Filing 204 RESPONSE in Opposition re #196 MOTION for partial summary judgment Against Absolute Medical, LLC and Absolute Medical Systems, LLC and Supporting Memorandum filed by Absolute Medical Systems, LLC, Absolute Medical, LLC. (Attachments: #1 Affidavit Declaration of Cesar Toro, #2 Affidavit Declaration of Greg Soufleris)(Busch, Bryan) |
| Filing 203 MOTION for sanctions for Spoliation of Evidence and Memorandum of Law in Support by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of Absolute Medical, LLC, #2 Exhibit 2 - Notice of Material Breach, #3 Exhibit 3 - Dec. 13, 2017, correspondence, #4 Exhibit 4 - RPD to Soufleris, #5 Exhibit 5 - RPD to Absolute Medical Systems, #6 Exhibit 6 - RPD to Miller, #7 Exhibit 7 - Email thread re productions, #8 Exhibit 8 - Email thread re destruction of evidence, #9 Exhibit 9 - Depo of G. Soufleris, #10 Exhibit 10 - Depo of R. Miller, #11 Exhibit 11 - Depo of D. Hawley, #12 Exhibit 12 - Email from Edelson to Camero, #13 Exhibit 13 - Depo of Absolute Medical Systems, #14 Exhibit 14 - July 12, 2018, email from Hawley to Soufleris, #15 Exhibit 15 - Transcript of Telephone Confernece)(McFarland, Marshall) |
| Filing 202 RESPONSE in Opposition re #195 MOTION for partial summary judgment Against Dave Hawley and Ryan Miller and Supporting Memorandum of Law filed by Dave Hawley, Ryan Miller. (Mills, Christopher) |
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Filing 201
ENDORSED ORDER granting #200 Defendants' Motion to Accept Documents as Timely Filed and accepting #198 Defendants' Motion for Summary Judgment as timely filed. Signed by Judge Carlos E. Mendoza on 10/22/2019. (VLC)
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| Filing 200 Second MOTION for leave to file to Accept Document as Timely Filed by Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Busch, Bryan) |
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Filing 199
ENDORSED ORDER denying #197 Defendants Motion to Accept Documents as Timely Filed for failure to comply with Local Rule 3.01(g). Signed by Judge Carlos E. Mendoza on 10/21/2019. (VLC)
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| Filing 198 MOTION for summary judgment and Incorporated Memorandum in Support by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Busch, Bryan) |
| Filing 197 MOTION for leave to file to Accept Documents as Timely Filed by Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Busch, Bryan) |
| Filing 196 MOTION for partial summary judgment Against Absolute Medical, LLC and Absolute Medical Systems, LLC and Supporting Memorandum by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of Greg Soufleris, #2 Exhibit 2 - Depo of Absolute Medical, LLC, #3 Exhibit 3 - Email between Soufleris and Besharatpour, #4 Exhibit 4 - Email between Hunsaker and Soufleris, #5 Exhibit 5 - Depo of Absolute Medical Systems, LLC, #6 Exhibit 6 - Depo of Daneri Edelson, #7 Exhibit 7 - Email between Miller and Grinyuk, #8 Exhibit 8 - Depo of Dave Hawley, #9 Exhibit 9 - Declaration of T. McFarland, #10 Exhibit 10 - Depo of Ryan Miller, #11 Exhibit 11 - Depo of Absolute Ortho, LLC, #12 Exhibit 12 - Depo of Mark Singer)(Cardwell, Christopher) |
| Filing 195 MOTION for partial summary judgment Against Dave Hawley and Ryan Miller and Supporting Memorandum of Law by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Depo of G. Soufleris, #2 Exhibit 2 - Depo of J. English, #3 Exhibit 3 - Absolute Medical, LLC's Response to RPD, #4 Exhibit 4 - Absolute Medical, LLC's Response to Interrog., #5 Exhibit 5 - Hawley's Responses to Interrog., #6 Exhibit 6 - Hawley's Responses to RPD, #7 Exhibit 7 - Email from Emmanuel, #8 Exhibit 8 - Absolute Medical, LLC's Amd Interrog. Responses, #9 Exhibit 9 - 2013 Compliance Agreements, #10 Exhibit 10 - 2014 Compliance Agreements, #11 Exhibit 11 - 2015 Compliance Agreements, #12 Exhibit 12 - 2016 Compliance Agreements, #13 Exhibit 13 - Depo of R. Miller, #14 Exhibit 14 - Depo of D. Hawley, #15 Exhibit 15 - Depo of Absolute Medical Systems, #16 Exhibit 16 - Depo of Absolute Medical, LLC, #17 Exhibit 17 - Charge Sheets, #18 Exhibit 18 - Declaration of P. Marzano)(Cardwell, Christopher) |
| Filing 194 ANSWER and affirmative defenses with Jury Demand to #188 Second Amended Complaint by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller.(Busch, Bryan) Modified on 8/14/2019 (SPM). |
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Filing 193
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/16/2019, Dispositive motions due by 10/18/2019, Pretrial statement due by 3/13/2020, All other motions due by 2/3/2020, Plaintiff disclosure of expert report due by 12/16/2019, Defendant disclosure of expert report due by 12/16/2019, Trial Status Conference set for 3/19/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 4/1/2020 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Signed by Judge Carlos E. Mendoza on 8/7/2019. (DJD) (DJD).
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Filing 192
ENDORSED ORDER granting #187 Motion for Reconsideration. The amended disclosure of expert reports deadline will be reflected in the amended CMSO. Signed by Judge Carlos E. Mendoza on 8/6/2019. (SDR)
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| Filing 191 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC MOTION HEARING held on 8/6/2019 re #187 Unopposed MOTION for Reconsideration re 186 Order on motion for clarification filed by Nuvasive, Inc. Parties supplement the record with further argument to the Court on the motion. Court grants motion and extends the expert disclosure deadline to 60 days after the dispositive motion deadline. Court to enter an amended scheduling order. Counsel for Pltf: Christopher W. Cardwell, Dianan N. Evans and Marshall T. McFarland; Counsel for Defts: Bryan E. Busch. Start time: 11:00 a.m; End time: 11:05 a.m. Total time: 5 minutes. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 190 NOTICE OF RESCHEDULING TELEPHONIC HEARING (AS TO TIME ONLY): The Telephonic motion hearing previously scheduled for August 6, 2019 is rescheduled. New hearing time: Motion Hearing set for 8/6/2019 at 11:00 AM before Judge Carlos E. Mendoza. (DJD) ctp |
| Filing 189 NOTICE of telephonic hearing on motion - re #187 Unopposed MOTION for Reconsideration on 186 Order on motion for clarification . Telephonic Motion Hearing set for 8/6/2019 at 09:15 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 080619. (DJD) ctp |
| Filing 188 Second AMENDED COMPLAINT against All Defendants filed by Nuvasive, Inc. (Attachments: #1 Exhibit 1 - Agreement, #2 Exhibit 2 - 2013 Agreement, #3 Exhibit 3 - 2013 ICAs, #4 Exhibit 4 - Nov. 27, 2017 email, #5 Exhibit 5 - Dec. 5, 2017 email, #6 Exhibit 6 - Dec. 12, 2017 email)(McFarland, Marshall) Modified on 7/30/2019 (SPM). |
| Filing 187 Unopposed MOTION for Reconsideration re 186 Order on motion for clarification by Nuvasive, Inc.. (Evans, Diana) |
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Filing 186
ENDORSED ORDER granting in part and denying in part #180 Motion for clarification. An Amended CMSO will be entered by separate order. The deadline for disclosure of expert reports will not be extended as that deadline has already passed, and the parties did not provide cause for extending it. Signed by Judge Carlos E. Mendoza on 7/23/2019. (SDR)
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| Set deadlines: Second Amended Complaint due by 8/5/2019 (SPM) |
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Filing 185
ORDER denying as moot #41 Motion to Dismiss; granting in part and denying in part #75 Motion to Dismiss; denying as moot #76 Motion to Dismiss; denying as moot #77 Motion to Dismiss; granting in part and denying in part #83 Motion to Dismiss; denying as moot #84 Motion to Dismiss. Signed by Judge Carlos E. Mendoza on 7/22/2019. (KMS)
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| ***PRO HAC VICE FEES paid by attorney Mary Taylor Gallagher, appearing on behalf of Nuvasive, Inc. (Filing fee $150 receipt number JAX031285.) Related document: #182 Unopposed MOTION for Mary Taylor Gallagher to appear pro hac vice. (AFC) |
| Filing 184 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC MOTION HEARING held on 7/17/2019 - re #180 Unopposed MOTION for clarification of case management deadlines filed by Nuvasive, Inc. Parties supplement the record with further argument to the Court on the motion, requesting 90-120 days to complete fact depositions and requesting an extension of the expert disclosure and dispositive motion deadlines. Court takes matter under advisement. Counsel for Pltf: Christopher W. Cardwell, Diana Evans and Marshall McFarland. Counsel for Deft: Bryan E. Busch. Start time: 9:18 a.m; End time: 9:23 a.m. Total time: 5 minutes. Court Reporter: Suzanne L. Trimble (DJD) |
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Filing 183
ORDER granting #182 UNOPPOSED MOTION FOR MARY TAYLOR GALLAGHER TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 7/17/2019. (MB)
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| Filing 182 Unopposed MOTION for Mary Taylor Gallagher to appear pro hac vice by Nuvasive, Inc.. (Attachments: #1 Exhibit A)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 181 NOTICE of telephonic hearing on motion - re #180 Unopposed MOTION for clarification of case management deadlines. Telephonic Motion Hearing set for 7/17/2019 at 09:15 AM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 071719. (DJD) ctp |
| Filing 180 Unopposed MOTION for clarification of case management deadlines by Nuvasive, Inc.. (Evans, Diana) |
| Filing 179 NOTICE of compliance re #178 Order on motion to stay by Nuvasive, Inc. (Attachments: #1 Exhibit A)(Evans, Diana) |
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Filing 178
ORDER granting in part #175 motion to Compel Arbitration and stay Court Proceedings Pending Arbitration. On or before July 1, 2019, Plaintiff and Absolute Medical, LLC shall proceed to arbitration on Count II in accordance with the terms of their arbitration agreement. Counts III, to the extent that Plaintiff seeks monetary relief, VI, VII, VIII, and IX are STAYED pending arbitration. The Motion is DENIED in all other respects. The Clerk of Court is directed to lift the stay and administrative closure of this case and to reinstate all motions that were pending at the time the stay was ordered by this Court. Defendants shall comply with Judge Kelly's Order (Doc. 162) on or before June 7, 2019. Signed by Judge Carlos E. Mendoza on 5/31/2019. (DJD)
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| Filing 177 NOTICE of Filing Documents re #175 Motion to Stay by Nuvasive, Inc. (Attachments: #1 Exhibit 1)(Evans, Diana) Modified on 5/14/2019 (SPM). |
| Filing 176 RESPONSE to Motion re #175 MOTION to Compel Arbitration and Stay Court Proceedings Pending Arbitration filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 - Declaration of T. McFarland, #2 Exhibit 2 - Soufleris' Interrog. Responses, #3 Exhibit 3 - Email exchange)(McFarland, Marshall) |
| Filing 175 MOTION to Compel Arbitration and Stay Court Proceedings Pending Arbitration by Absolute Medical, LLC. (Busch, Bryan) Modified on 4/10/2019 (SPM). |
| Filing 174 NOTICE of change of address by Bryan E. Busch (Busch, Bryan) |
| Filing 173 NOTICE of Appearance by Christopher Young Mills on behalf of Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris (Mills, Christopher) |
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Filing 172
ORDER granting #171 UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANTS. Attorney Louis M. Ursini, III; Laura H. Mirmelli and Chantal Pillay terminated. On or before April 5, 2019, a Notice of Designation and Consent to Act shall be filed on behalf of Busch. Signed by Magistrate Judge Gregory J. Kelly on 4/2/2019. (MB)
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| Filing 171 Unopposed MOTION for Louis M. Ursini, III, Chantal M. Pillay, Laura H. Mirmelli to withdraw as attorney by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Pillay, Chantal) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Set deadlines: Defendant Brief due by 4/9/2019. (BIA) |
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Filing 170
ORDER denying as moot #42 Motion to compel arbitration; Denying as moot #42 motion to stay; Denying without prejudice #43 Motion to compel arbitration; Denying without prejudice #43 motion to stay. The case is STAYED until further order by the Court. On or before April 9, 2019, Defendants shall brief the Court regarding what counts, if any, in the Amended Complaint should be stayed pending arbitration. Failure to do so may result in the lifting of the stay without further notice. On or before April 23, 2019, Plaintiff shall file a response. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 3/26/2019. (DJD)
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Filing 169
ENDORSED ORDER granting #166 Motion to Continue. Signed by Judge Carlos E. Mendoza on 3/26/2019. (SDR)
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| Filing 168 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC MOTION HEARING held on 3/22/2019 - re #43 Amended MOTION to compel arbitration and MOTION to stay Proceedings Pending Arbitration filed by Absolute Medical, LLC. Court questions counsel whether or not the stay should apply to the entire case, which includes the amended complaint. Counsel supplement the record with further argument to the Court on the motion to stay pending arbitration. Court instructs parties to file an amended motion to stay to account for the amended complaint, which the Court will take under advisement. Counsel for Pltf: Christopher W. Cardwell and Diane Nicole Evans; Counsel for Deft: Bryan E. Busch and Chantal Pillay. Start time: 9:30 a.m; End time: 9:43 a.m. Total time: 13 minutes. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 167 NOTICE OF RESCHEDULING HEARING: The Telephone Conference hearing previously scheduled for March 21, 2019 is rescheduled. New scheduling date and time: Telephone Conference set for 3/22/2019 at 09:30 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 032219. (DJD) ctp |
| Filing 166 MOTION to Continue - Reschedule Hearing Set for March 21, 2019, re #43 Amended Motion to Compel Arbitration and Stay Court Proceedings by Nuvasive, Inc.(Evans, Diana) Modified on 3/21/2019 (SPM). |
| Filing 165 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather L. Jewett. (HLJ) |
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Filing 164
TRANSCRIPT of Discovery Hearing held on March 13, 2019, before Judge Gregory J. Kelly. Court Reporter: Heather Jewett, RPR, FCRR |
| Filing 163 NOTICE of telephonic hearing on motion - re #43 Amended MOTION to compel arbitration and MOTION to stay Proceedings Pending Arbitration. Telephonic Motion Hearing set for 3/21/2019 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 032119. (DJD) ctp |
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Filing 162
ORDER It is ORDERED as follows: 1. Defendants shall produce the discovery addressed in the Order on or before March 28, 2019; 2. No later than March 29, 2019, Defendant shall file a notice of compliance with the Court following the production; and 3. Defendant is advised that failure to comply with this Order may result in the imposition of sanctions. Signed by Magistrate Judge Gregory J. Kelly on 3/14/2019. (MB)
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| Filing 161 Minute Entry. Proceedings held before Magistrate Judge Gregory J. Kelly: Discovery Hearing held on 3/13/2019. Court Reporter: Heather L. Jewett (RMF) |
| Filing 160 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 159 TRANSCRIPT of Discovery Conference held on 2/26/2019 before Judge Gregory J. Kelly. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 3/22/2019, Redacted Transcript Deadline set for 4/1/2019, Release of Transcript Restriction set for 5/30/2019. (SLT) |
| Filing 158 MEDIATION report Hearing held on 2/13/2019. Hearing outcome: Impasse.. (Silverstein, Murray) |
| Set hearings: Discovery Hearing set for 3/13/2019 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. (SPM) |
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Filing 157
ORDER It is ORDERED as follows: 1. The Court provides clarification regarding the meaning of "communications of a personal nature;" 2. On or before March 8, 2019, NuVasive shall review the responses received pursuant to the March Discovery Production, and formulate its issues regarding those responses; 3. On or before March 11, 2019, the parties' counsel shall meet in person to resolve any discovery issues arising from the March Discovery Production; 4. If the parties have unresolved issues regarding the March Discovery Production, then their counsel shall appear before the undersigned on WEDNESDAY, MARCH 13, 2019, at 10:00 A.M. in Courtroom #3C, George C. Young Federal Annex Courthouse, 401 W. Central Boulevard, Orlando, Florida 32801, for a hearing on those issues (excluding motions for protective order). The issues shall be reviewed at the hearing, without the need for filing written motions or responses thereto. Should the parties resolve their discovery issues regarding the March Discovery Production, they shall promptly file a notice advising the Court that the hearing is no longer necessary; and 5. Motions for protective order regarding the March Discovery Production shall be filed on or before March 13, 2019, and responses thereto shall be filed on or before March 20, 2019. The motions shall comply with the undersigned's standing orders. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2019. (MB)
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| Filing 156 Minute Entry. Proceedings held before Magistrate Judge Gregory J. Kelly: Discovery Hearing held on 2/26/2019. Court Reporter: Suzanne L. Trimble (KKA) |
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Filing 155
ORDER denying #142 DEFENDANTS' MOTION FOR LEAVE OF COURT TO FILE AMENDED COUNTERCLAIMS AGAINST NUVASIVE, INC. AND TO ADD A PARTY. Signed by Magistrate Judge Gregory J. Kelly on 2/22/2019. (MB)
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| Filing 154 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 153 TRANSCRIPT of Telephone Conference held on 2/12/2019 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 3/5/2019, Redacted Transcript Deadline set for 3/15/2019, Release of Transcript Restriction set for 5/13/2019. (SLT) |
| Filing 152 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 2/12/2019. Christopher Cardwell and Diana Nicole appeared for Plaintiff. Bryan F. Busch and Chantal Pillay appeared for Defendant. Court advises counsel for defendants as to the credibility of testimony of their clients at future hearings. (10:00 a.m. - 10:03 a.m.) Court Reporter: Suzanne L. Trimble - trimblecourtreporter@gmail.com (AKC) |
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Filing 151
ENDORSED ORDER granting #149 Defendants' Unopposed Motion for Continuance of Discovery Conference Scheduled for February 19, 2019. The conference is rescheduled to February 26, 2019, at 10:00 a.m. Signed by Magistrate Judge Gregory J. Kelly on 2/12/2019. (MB)
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| Reset hearings: Discovery Hearing reset for 2/26/2019 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. (SPM) |
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Filing 150
ORDER denying #19 Motion for Preliminary Injunction. Signed by Judge Carlos E. Mendoza on 2/11/2019.(DJD) (DJD).
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| Filing 149 Unopposed MOTION to Continue Discovery Conference Scheduled for February 19, 2019 by All Defendants. (Pillay, Chantal) |
| Filing 148 NOTICE of hearing: Telephone Conference set for 2/12/2019 at 10:00 AM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code 021219. (DJD) ctp |
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Filing 147
ORDER granting #144 Motion for Discovery Conference. Lead counsel for all parties shall appear in person before the undersigned on TUESDAY, FEBRUARY 19, 2019, at 2:00 P.M. in Courtroom #3C, George C. Young Federal Annex Courthouse, 401 W. Central Boulevard, Orlando, Florida 32801; and counsel shall be prepared to address issues regarding discovery in this case and its progress. Signed by Magistrate Judge Gregory J. Kelly on 2/1/2019. (MB)
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| Set hearings: Discovery Hearing set for 2/19/2019 at 02:00 PM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. (SPM) |
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Filing 146
ORDER denying #134 DEFENDANT GREG SOUFLERIS' MOTION TO QUASH OR, IN THE ALTERNATIVE, MOTION FOR PROTECTIVE ORDER AS TO NUVASIVE, INC.'S SECOND SUBPOENA TO PRODUCE DOCUMENTS TO BANK OF AMERICA, N.A.; granting in part and denying in part #137 DEFENDANTS', GREG SOUFLERIS, DAVE HAWLEY, AND RYAN MILLER, AMENDED MOTION TO QUASH, OR, IN THE ALTERNATIVE, MOTION FOR PROTECTIVE ORDER AS TO NUVASIVE, INC.'S SUBPOENA TO PRODUCE DOCUMENTS TO VERIZON WIRELESS. The stay of the enforcement of the second subpoena directed to BOA is lifted. The Verizon Motion to Quash (Doc. No. 137) is GRANTED IN PART AND DENIED IN PART as follows: a. The Verizon Subpoena is modified to exclude the content of the communications; b. In all other respects, the Verizon Motion to Quash is DENIED; and c. The stay of the enforcement of the Verizon Subpoena is lifted. Signed by Magistrate Judge Gregory J. Kelly on 1/31/2019. (MB)
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Filing 145
ORDER granting in part and denying in part #117 MOTION AND MEMORANDUM TO COMPEL RESPONSES TO DISCOVERY REQUESTS SERVED UPON DEFENDANT ABSOLUTE MEDICAL, LLC; granting in part and denying in part #118 MOTION AND MEMORANDUM TO COMPEL RESPONSES TO DISCOVERY REQUESTS SERVED UPON DEFENDANT DAVE HAWLEY. See Order for details. Signed by Magistrate Judge Gregory J. Kelly on 1/30/2019. (MB)
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| Filing 144 MOTION for Discovery Conference by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 143 RESPONSE in Opposition re #142 MOTION for leave to file Amended Counterclaims Against NuVasive, Inc. and to Add a Party filed by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 142 MOTION for leave to file Amended Counterclaims Against NuVasive, Inc. and to Add a Party by Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Attachments: #1 Exhibit A)(Pillay, Chantal) |
| Filing 141 RESPONSE in Opposition re #137 Amended MOTION to quash Nuvasive Inc's Subpoena to produce documents to Verizon Wireless filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A - Subpoena to Verizon, #2 Exhibit B - Declaration of C. Cardwell)(McFarland, Marshall) |
| Filing 140 RESPONSE in Opposition re #134 MOTION to quash Second Subpoena to Produce Documents to Bank of America, N.A. filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to BOA, #2 Exhibit B - First RPD to Soufleris, #3 Exhibit C - Soufleris' Resp to First RPD, #4 Exhibit D - Soufleris Resp to First Interrog., #5 Exhibit E - BOA Statement)(McFarland, Marshall) |
| Set deadlines as to #137 Amended MOTION to quash Nuvasive Inc's Subpoena to produce documents to Verizon Wireless : Response due by 12/20/2018 (SPM) |
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Filing 139
ORDER 1. Plaintiff shall file a response to Defendants', Greg Soufleris, Dave Hawley, and Ryan Miller, Amended Motion to Quash or, in the Alternative, Motion for a Protective Order as to NuVasive, Inc.'s Subpoena to Produce Documents to Verizon Wireless on or before December 20, 2018; and 2. Enforcement of the subpoena is STAYED pending resolution of the Motion. Signed by Magistrate Judge Gregory J. Kelly on 12/7/2018. (MB)
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Filing 138
ENDORSED ORDER denying as moot #136 "Defendants', Greg Soufleris, Dave Hawley, and Ryan Miller, Motion to Quash or, in the Alternative, Motion for a Protective Order as to NuVasive, Inc.'s Second Subpoena to Produce Documents to Verizon Wireless" due to the amended motion being filed, Doc. No. 137. Signed by Magistrate Judge Gregory J. Kelly on 12/7/2018. (MB)
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| Filing 137 Amended MOTION to quash Nuvasive Inc's Subpoena to produce documents to Verizon Wireless by Dave Hawley, Ryan Miller, Greg Soufleris. (Attachments: #1 Exhibit A)(Busch, Bryan) |
| Filing 136 MOTION to quash Nuvasive Inc's Second Subpoena to produce documents to Verizon Wireless by Dave Hawley, Ryan Miller, Greg Soufleris. (Attachments: #1 Exhibit A)(Busch, Bryan) |
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Filing 135
ORDER 1. Plaintiff shall file a response to Defendant Greg Soufleris' Motion to Quash or, in the Alternative, Motion for Protective Order as to NuVasive, Inc.'s Second Subpoena to Produce Documents to Bank of America, N.A., on or before December 19, 2018; and 2. Enforcement of the subpoena is STAYED pending resolution of the Motion. Signed by Magistrate Judge Gregory J. Kelly on 12/6/2018. (MB)
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| Set deadlines as to #134 MOTION to quash Second Subpoena to Produce Documents to Bank of America, N.A. :Plaintiff Response due by 12/19/2018. (SPM) |
| Filing 134 MOTION to quash Second Subpoena to Produce Documents to Bank of America, N.A. by Greg Soufleris. (Attachments: #1 Exhibit "A")(Busch, Bryan) Modified on 12/6/2018 (SPM). |
| Filing 133 REPLY to Response to Motion re #118 MOTION to Compel Responses to Discovery Requests Served Upon Defendant Dave Hawley and Memorandum filed by Nuvasive, Inc.. (McFarland, Marshall) |
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Filing 132
ENDORSED ORDER granting #127 Plaintiff's Unopposed Motion for Leave to File a Reply to Defendant Dave Hawley's Response in Opposition to Plaintiff's Motion and Memorandum to Compel Responses to Discovery Requests. Plaintiff may file a reply not exceeding three pages limited to the issues that remain following Supplemental Responses on or before December 5, 2018. Signed by Magistrate Judge Gregory J. Kelly on 12/3/2018. (MB)
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Filing 131
ENDORSED ORDER denying #126 Motion for Leave to File. Signed by Judge Carlos E. Mendoza on 11/27/2018. (SDR)
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| Set/reset deadlines: Conduct mediation hearing by 2/28/2019. Lead counsel to coordinate dates. (SPM) |
| Filing 130 RESPONSE in Opposition re #126 MOTION for leave of Court to File a Response re #121 Plaintiff's Notice of Newly Acquired Evidence filed by Nuvasive, Inc.. (McFarland, Marshall) |
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Filing 129
ENDORSED ORDER granting #128 Motion to extend time. The parties shall conduct mediation on or before February 28, 2019. Signed by Judge Carlos E. Mendoza on 11/19/2018. (SDR)
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| Filing 128 Joint MOTION to extend time to Mediate by Nuvasive, Inc.. (Evans, Diana) |
| Filing 127 Unopposed MOTION for leave to file to File a Reply to D. Hawley's Response in Opposition to Plaintiff's Motion and Memorandum to Compel Responses to Discovery Requests by Nuvasive, Inc.. (McFarland, Marshall) |
| Filing 126 MOTION for leave of Court to File a Response re #121 Plaintiff's Notice of Newly Acquired Evidence by All Defendants. (Pillay, Chantal) Modified on 11/6/2018 (SPM). |
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Filing 125
ORDER denying #124 DEFENDANTS' MOTION TO QUASH PLAINTIFF'S SUBPOENA TO PRODUCE DOCUMENTS DIRECTED TO NOVABONE PRODUCTS, LLC. Signed by Magistrate Judge Gregory J. Kelly on 10/29/2018. (MB)
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| Filing 124 MOTION to quash Subpoena Duces Tecum to NovaBone Products, LLC by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit)(Pillay, Chantal) |
| Filing 123 RESPONSE in Opposition re #117 MOTION to Compel Responses to Discovery Requests Served Upon Defendant Absolute Medical, LLC and Memorandum filed by Absolute Medical, LLC. (Attachments: #1 Exhibit First Set of Interrogatories, #2 Exhibit First Set of Request for Production, #3 Exhibit Response to Interrogatories, #4 Exhibit Response to Request for Production, #5 Exhibit May 23, 2018 discovery letter, #6 Exhibit June 27, 2018 response to discovery letter, #7 Exhibit Amended Response Request for Production, #8 Exhibit September 19, 2018 discovery letter, #9 Exhibit September 27, 2018 response to discovery letter, #10 Exhibit Bank of America Subpoena Duces Tecum)(Pillay, Chantal) |
| Filing 122 RESPONSE in Opposition re #118 MOTION to Compel Responses to Discovery Requests Served Upon Defendant Dave Hawley and Memorandum filed by Dave Hawley. (Attachments: #1 Exhibit NuVasive First Set of Interrogatories, #2 Exhibit NuVasive First Set of Request for Production, #3 Exhibit Hawley Response to Interrogatories, #4 Exhibit Hawley Response to Request for Production, #5 Exhibit NuVasive May 23, 2018 discovery letter, #6 Exhibit Hawley response letter to May 23, 2018 discovery letter, #7 Exhibit Hawley Amended Responses to Interrogatories, #8 Exhibit Hawley Amended Response to Request for Production, #9 Exhibit NuVasive September 19, 2018 discovery letter, #10 Exhibit Hawley response to September 19, 2018 discovery letter, #11 Exhibit Hawley Supplemental Responses to Interrogatories)(Pillay, Chantal) |
| Filing 121 NOTICE of Newly Acquired Evidence Relevant to its #19 Motion for Preliminary Injunction by Nuvasive, Inc. (Attachments: #1 Exhibit A - BOA Account Summary, #2 Exhibit B - BOA re AMS, #3 Exhibit C - BOA re Absolute Medical, #4 Exhibit D - Check to Hawley Motor Sales, #5 Exhibit E - Motor Vehicle Registration, #6 Exhibit F - Property Record Report, #7 Exhibit G - BOA re Absolute Group)(McFarland, Marshall) Modified on 10/19/2018 (SPM). |
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Filing 120
ENDORSED ORDER denying as moot #113 Motion for Leave to File; granting #114 Motion for Leave to File. Plaintiff may file the newly acquired evidence on or before October 19, 2018. Signed by Judge Carlos E. Mendoza on 10/12/2018. (SDR)
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| Filing 119 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONIC MOTION HEARING held on 10/9/2018 - re #114 Amended MOTION for leave to file Newly Acquired Evidence in Support of Motion for Preliminary Injunction filed by Nuvasive, Inc. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 118 MOTION to Compel Responses to Discovery Requests Served Upon Defendant Dave Hawley and Memorandum by Nuvasive, Inc.. (Attachments: #1 Exhibit A - First Set of Interrog Hawley, #2 Exhibit B - Hawley's Resp to First Set of Interrog., #3 Exhibit C - May 23, 2018 ltr to Hawley's counsel re discovery responses, #4 Exhibit D - June 27, 2018 ltr in response to May 23, 2018 ltr, #5 Exhibit E - Hawley's Amd Interrog. Responses, #6 Exhibit F - First RPD to Hawley, #7 Exhibit G - Hawley's Resp to First RPD, #8 Exhibit H - Hawley's Amd Resp to First RPD, #9 Exhibit I - Aug. 20, 2018 email correspondence, #10 Exhibit J - Sept. 19, 2018 ltr to Hawley's counsel re discovery resp., #11 Exhibit K - Sept. 27, 2018 ltr from Hawley's counsel in resp to Sept. 19, 2018 ltr, #12 Exhibit L - Sept. 28, 2018 ltr in resp to Sept. 27, 2018 ltr)(McFarland, Marshall) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 117 MOTION to Compel Responses to Discovery Requests Served Upon Defendant Absolute Medical, LLC and Memorandum by Nuvasive, Inc.. (Attachments: #1 Exhibit A - First Set of Interrog. to Absolute Medical, #2 Exhibit B - Absolute's Resp to First Set of Interrog., #3 Exhibit C - May 23, 2018 Ltr re discovery responses, #4 Exhibit D - June 27, 2018 ltr in resp to May 23, 2018 ltr, #5 Exhibit E - First RPD to Absolute, #6 Exhibit F - Absolute's Resp to First RPD, #7 Exhibit G - Absolute's Amd Resp to First RPD, #8 Exhibit H - Aug. 20, 2018 email correspondence, #9 Exhibit I - Sept. 19, 2018 ltr to Absolute's counsel re discovery resp., #10 Exhibit J - Sept. 27,2018 ltr in response to Sept. 19, 2018 ltr, #11 Exhibit K - Sept. 28, 2018 ltr in response to Sept. 27, 2018 ltr)(McFarland, Marshall) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 116 NOTICE of telephonic hearing on motion on #114 Amended MOTION for leave to file Newly Acquired Evidence in Support of Motion for Preliminary Injunction .Telephonic Motion Hearing set for 10/9/2018 at 10:00 AM before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 100918. (DJD) |
| Filing 115 RESPONSE in Opposition re #114 Amended MOTION for leave to file Newly Acquired Evidence in Support of Motion for Preliminary Injunction filed by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Pillay, Chantal) |
| Filing 114 Amended MOTION for leave to file Newly Acquired Evidence in Support of Motion for Preliminary Injunction by Nuvasive, Inc.. (Evans, Diana) |
| Filing 113 Unopposed MOTION for leave to file Newly Acquired Evidence in Support of Motion for Preliminary Injunction by Nuvasive, Inc.. (Evans, Diana) |
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Filing 112
ORDER granting in part and denying in part #110 Joint Motion for Entry of Stipulation and Protective Order Regarding Confidential Information. See Order for details. Signed by Magistrate Judge Gregory J. Kelly on 9/13/2018. (MB)
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Filing 111
ORDER denying as moot #106 Motion for Entry of Protective Order Regarding Confidential Information. The hearing on the Motion scheduled for September 11, 2018, is CANCELLED. Signed by Magistrate Judge Gregory J. Kelly on 9/10/2018. (MB)
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| Filing 110 Joint MOTION for Entry of Stipulation and protective order regarding confidential information by Nuvasive, Inc. (Attachments: #1 Exhibit Proposed Protective Order)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 9/10/2018 (SPM). |
| Filing 109 Joint NOTICE Regarding Plaintiff's Motion for Entry of Protective Order by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Greg Soufleris re #106 MOTION for protective order Regarding Confidential Information (Pillay, Chantal) Modified on 9/10/2018 (SPM). |
| Set hearing: Evidentiary Hearing set for 9/11/2018 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. (SPM) |
| Set/reset deadlines as to #106 MOTION for protective order . Defendants Response to Motion due by 9/7/2018 (SPM) |
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Filing 108
ORDER On TUESDAY, SEPTEMBER 11, 2018, at 10:00 A.M., the undersigned will hold an evidentiary hearing on the Motion for Entry of Protective Order Regarding Confidential Information in Courtroom No. 3C, 401 W. Central Boulevard, Orlando FL 32801. On Friday, September 7, 2018, Defendants shall file their response to the Motion. See Order for additional deadlines and details. Signed by Magistrate Judge Gregory J. Kelly on 9/4/2018. (MB)
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Filing 107
ORDER granting in part and denying in part #57 MOTION AND MEMORANDUM OF LAW TO COMPEL RESPONSES TO SUBPOENA DUCES TECUM SERVED UPON ABSOLUTE MEDICAL SYSTEMS, LLC; granting #92 DEFENDANTS' MOTION TO QUASH PLAINTIFF'S SUBPOENAS TO PRODUCE DOCUMENTS TO OSSEUS FUSION SYSTEMS, LLC, K2M, INC., NOVABONE PRODUCTS, LLC, ORTHOFIX, INC., AND LIFE SPINE, INC.; denying #102 DEFENDANTS' MOTION TO QUASH PLAINTIFF'S SUBPOENA TO PRODUCE DOCUMENTS TO CENTRAL FLORIDA REGIONAL HOSPITAL. AMS shall produce documents responsive to Plaintiff's request for all documents related to AMS's initial funding and/or capitalization on or before September 14, 2018. The stay of the enforcement of the subpoena directed to Central Florida Regional Hospital is lifted. Signed by Magistrate Judge Gregory J. Kelly on 8/31/2018. (MB)
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| Filing 106 MOTION for protective order Regarding Confidential Information by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 105 RESPONSE to Motion re #102 MOTION to quash subpoena duces tecum to Central Florida Regional Hospital filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A - K2M's Response & Objections to Subpoena Duces Tecum, #2 Exhibit B - PI Hearing Transcript)(McFarland, Marshall) |
| Set deadline as to #102 MOTION. Plaintiff Response due by 8/24/2018 (SPM) |
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Filing 104
ORDER Plaintiff shall file a response to "Defendants' Motion to Quash Plaintiff's Subpoena to Produce Documents to Central Florida Regional Hospital"on or before August 24, 2018; and enforcement of the subpoena is STAYED pending resolution of the Motion. Signed by Magistrate Judge Gregory J. Kelly on 8/13/2018. (MB)
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Filing 103
ORDER denying #100 Non-Party Orthofix, Inc.'s Motion to Quash Plaintiff Nuvasive, Inc.'s Subpoena Duces Tecum to Orthofix, Inc. Signed by Magistrate Judge Gregory J. Kelly on 8/13/2018. (MB)
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| Filing 102 MOTION to quash subpoena duces tecum to Central Florida Regional Hospital by All Defendants. (Pillay, Chantal) |
| Filing 101 RESPONSE to Motion re #92 MOTION to quash Plaintiff's Subpoenas to Produce Documents to Osseus Fusion Systems, LLC, K2M, Inc., Novabone Products, LLC, Orthofix, Inc., and Life Spine, Inc. filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Evans, Diana) |
| Filing 100 MOTION to quash Subpoena to Non-Party Orthofix, Inc. and Memorandum in Support by Orthofix, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, Benjamin) |
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Filing 99
ORDER denying #97 Defendants' Motion to Quash Plaintiff's Subpoena to Produce Documents to Bank of America, N.A. Signed by Magistrate Judge Gregory J. Kelly on 8/2/2018. (MB)
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Filing 98
ORDER on "Defendants' Motion to Quash Plaintiff's Subpoenas to Produce Documents to Osseus Fusion Systems, LLC, K2M, Inc., NovaBone Products, LLC, Orthofix, Inc., and Life Spine, Inc." The motion is DENIED IN PART. The motion is denied as to the subpoenas directed to K2M, Inc., Orthofix, Inc., and Life Spine, Inc., without prejudice to being filed in the proper district. Enforcement of the subpoenas directed to Osseus Fusion Systems, LLC, and NovaBone Products, LLC, is STAYED pending resolution of the issues in the Motion regarding the subpoenas directed to those entities. NuVasive is directed to file a response to the Motion on or before August 6, 2018. Signed by Magistrate Judge Gregory J. Kelly on 8/2/2018. (MB)
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| Set deadlines as to: #92 MOTION to quash Plaintiff's Subpoenas to Produce Documents. Nuvasive Response due by 8/6/2018. (SPM) |
| Filing 97 MOTION to quash Plaintiff's Subpoena to Produce Documents to Bank of America, N.A. by Absolute Medical Systems, LLC, Absolute Medical, LLC, Greg Soufleris. (Attachments: #1 Exhibit A)(Pillay, Chantal) |
| Filing 96 REPLY to Response to Motion re #84 First MOTION to dismiss for failure to state a claim , #77 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #75 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #76 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #83 First MOTION to dismiss for failure to state a claim filed by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Pillay, Chantal) |
| Filing 95 REDACTION re #79TRANSCRIPT of Preliminary Injunction Hearing held on 6/28/2018 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. (SLT) |
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Filing 94
ORDER granting #87 Motion to Redact #79 Portion of June 28, 2018 Hearing Transcript. The Court Reporter is directed to redact the first two words cited on page 71 line 7 of the June 28, 2018 Hearing Transcript (Doc. 79). Signed by Judge Carlos E. Mendoza on 7/30/2018. (DJD)
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Filing 93
ENDORSED ORDER granting #91 Motion for Leave to File. Defendants shall file a Reply of no more than five pages on or before July 30, 2018. Signed by Judge Carlos E. Mendoza on 7/25/2018. (SDR)
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| Filing 92 MOTION to quash Plaintiff's Subpoenas to Produce Documents to Osseus Fusion Systems, LLC, K2M, Inc., Novabone Products, LLC, Orthofix, Inc., and Life Spine, Inc. by All Defendants. (Pillay, Chantal) |
| Filing 91 Unopposed MOTION for leave to file to file Reply to Nuvasive, Inc's Omnibus Response in Opposition to Defendants' Motions to Dismiss by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller. (Pillay, Chantal) |
| Filing 90 RESPONSE in Opposition re #84 First MOTION to dismiss for failure to state a claim , #77 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #75 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #76 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #83 First MOTION to dismiss for failure to state a claim filed by Nuvasive, Inc.. (McFarland, Marshall) |
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Filing 89
ENDORSED ORDER granting #88 NUVASIVE, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS. The responses to the motions to dismiss shall be filed on or before July 16, 2018. Signed by Magistrate Judge Gregory J. Kelly on 7/6/2018. (MB)
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| Filing 88 Unopposed MOTION for Extension of Time to File Response/Reply as to #77 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #75 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim , #76 First MOTION to Dismiss Amended Complaint MOTION to dismiss for failure to state a claim by Nuvasive, Inc.. (Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 87 Unopposed MOTION to Redact #79 Transcript of Hearing on June 28, 2018 by Nuvasive, Inc.. (Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 84 First MOTION to dismiss for failure to state a claim by Ryan Miller. (Pillay, Chantal) |
| Filing 83 First MOTION to dismiss for failure to state a claim by Absolute Medical Systems, LLC. (Pillay, Chantal) |
| Filing 82 NOTICE of intent to request redaction by Diana Nicole Evans re #79 Transcript (Evans, Diana) |
| Filing 80 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 79 TRANSCRIPT of Preliminary Injunction Hearing held on 6/28/2018 before Judge Carlos E. Mendoza. Court Reporter Suzanne Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/23/2018, Redacted Transcript Deadline set for 8/1/2018, Release of Transcript Restriction set for 10/1/2018. (SLT) |
| Filing 86 Exhibit List by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(DJD) |
| Filing 85 Exhibit List by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26)(DJD) |
| Filing 81 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 6/28/2018 re #19 MOTION for preliminary injunction filed by Nuvasive, Inc. Defendants' witnesses: Greg Soufleris, Dave Hawley and Ryan Miller; Closing arguments by the parties. Court takes motion under advisement. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 78 Hearing MEMORANDUM in opposition re #19 Motion for preliminary injunction, #68 Amended Complaint, #48 Reply to Response to Motion, #38 Response in Opposition to Motion, #60 Memorandum in support, #58 Order on Motion for Preliminary Injunction, #53 Response in Opposition to Motion filed by Absolute Medical Systems, LLC, Absolute Medical, LLC, Dave Hawley, Ryan Miller, Greg Soufleris. (Pillay, Chantal) Modified on 6/28/2018 (SPM). |
| Filing 77 First MOTION to Dismiss Amended Complaint , MOTION to dismiss for failure to state a claim by Greg Soufleris. (Pillay, Chantal) |
| Filing 76 First MOTION to Dismiss Amended Complaint , MOTION to dismiss for failure to state a claim by Absolute Medical, LLC. (Pillay, Chantal) |
| Filing 75 First MOTION to Dismiss Amended Complaint , MOTION to dismiss for failure to state a claim by Dave Hawley. (Pillay, Chantal) |
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Filing 74
ENDORSED ORDER granting #73 DEFENDANTS', ABSOLUTE MEDICAL, LLC, GREG SOUFLERIS, AND DAVE HAWLEY, UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO NUVASIVE, INC.'S AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES. Responses due on or before 6/25/2018. Signed by Magistrate Judge Gregory J. Kelly on 6/21/2018. (MB)
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| Filing 73 Unopposed MOTION for Extension of Time to June 25, 2018, to File Response/Reply as to #68 Amended Complaint by Absolute Medical, LLC, Dave Hawley, Greg Soufleris. (Pillay, Chantal) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 6/21/2018 (SPM). |
| Filing 72 REPLY to Response to Motion re #57 MOTION to Compel Responses to Subpoena Duces Tecum filed by Nuvasive, Inc.. (Evans, Diana) |
| Set/reset deadlines as to #57 MOTION to Compel Responses to Subpoena Duces Tecum . Reply due by 6/18/2018. (SPM) |
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Filing 71
ENDORSED ORDER granting #63 Nuvasive, Inc.'s Unopposed Motion for Leave to File Reply to Nonparty Absolute Medical Systems, LLC's Response in Opposition to Nuvasive's Motion to Compel Response to Subpoena Duces Tecum. The Reply is due on or before June 18, 2018, shall be limited to the issues set forth in the motion for leave to file the reply, and shall not exceed five pages. Signed by Magistrate Judge Gregory J. Kelly on 6/12/2018. (MB)
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| Filing 70 SUMMONS issued as to Absolute Medical Systems, LLC and Ryan Miller. (SPM) |
| Filing 69 NOTICE of Filing Summonses to be Issued by the Clerk by Nuvasive, Inc. re #68 Amended Complaint (Attachments: #1 Exhibit Summonses)(Evans, Diana) Modified on 6/11/2018 (SPM). |
| Filing 68 AMENDED COMPLAINT against Absolute Medical Systems LLC, Absolute Medical, LLC, Dave Hawley, Greg Soufleris, Ryan Miller filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Evans, Diana) |
| Filing 67 NOTICE of hearing on #19 MOTION for preliminary injunction . Motion Hearing set for 6/28/2018 at 01:30 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp |
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Filing 66
ENDORSED ORDER granting #64 Motion for Leave to File an amended complaint. Rendered in open court by Judge Carlos E. Mendoza on 6/7/2018. (DJD)
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| Filing 65 Minute Entry. Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 6/7/2018 re #19 MOTION for preliminary injunction filed by Nuvasive, Inc. Court grants plaintiff's motion to amend the complaint; Defendants request more time to prepare for the hearing based on the filing of the amended complaint. Court reschedules hearing to June 28, 2018 at 1:30 p.m.. Court Reporter: Suzanne L. Trimble (DJD) |
| Filing 64 MOTION for leave to file First Amended Complaint by Nuvasive, Inc.. (Attachments: #1 Exhibit First Amended Complaint)(Evans, Diana) |
| Filing 63 Unopposed MOTION for leave to file Reply to #62 Response to Motion to Compel by Nuvasive, Inc. (Evans, Diana) Modified on 6/4/2018 (SPM). |
| Filing 62 MEMORANDUM in opposition re #57 Motion to Compel Responses to Subpoena Duces tecum filed by Absolute Medical Systems LLC. (Pillay, Chantal) |
| Filing 61 NOTICE OF RESCHEDULING HEARING: The Evidentiary hearing previously scheduled for May 29, 2018 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 6/7/2018 at 09:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (DJD) ctp |
| Filing 60 Pre-Hearing MEMORANDUM in support re Set/reset hearings-PUBLIC Evidentiary Hearing filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Evans, Diana) Modified on 5/24/2018 (SPM). |
| Filing 59 REPLY to Response to Motion re #43 Amended MOTION to compel arbitration and MOTION to stay Proceedings Pending Arbitration filed by Absolute Medical, LLC. (Pillay, Chantal) |
| Set hearings: Evidentiary Hearing set for 5/29/2018 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (SPM) |
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Filing 58
ORDER denying in part and deferring in part #19 Motion for Preliminary Injunction; setting a hearing for May 29, 2018, at 2:00 pm in Courtroom 5B. Signed by Judge Carlos E. Mendoza on 5/15/2018. (KMS)
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| Filing 57 MOTION to Compel Responses to Subpoena Duces Tecum by Nuvasive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 56
ORDER granting #55 UNOPPOSED MOTION FOR M. THOMAS MCFARLAND TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 5/10/2018. (MB)
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| Filing 55 Unopposed MOTION for M. Thomas McFarland to appear pro hac vice by Nuvasive, Inc.. (Attachments: #1 Exhibit Certificate in Good Standing)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney M. Thomas McFarland, appearing on behalf of Nuvasive, Inc. (Filing fee $150 receipt number ORL-073495.). (SPM) |
| Set/reset deadlines as to Absolute Medical, LLC. Replies due by 5/22/2018. (SPM) |
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Filing 54
ENDORSED ORDER granting #51 Motion for Leave to File a Reply. Absolute Medical, LLC shall file a Reply of no more than ten pages on or before 5/22/2018. Signed by Judge Carlos E. Mendoza on 5/8/2018. (SDR)
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| Filing 53 SUR-REPLY and Memorandum of Law in Opposition re #19 MOTION for preliminary injunction filed by Absolute Medical, LLC, Dave Hawley, Greg Soufleris. (Pillay, Chantal) Modified on 4/5/2018 (SPM). |
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Filing 52
ENDORSED ORDER granting #50 Motion for Leave to File. Defendant Absolute Medical, LLC shall file a sur-reply of no more than seven pages on or before April 4, 2018. Signed by Judge Carlos E. Mendoza on 3/30/2018. (SDR)
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| Filing 51 Unopposed MOTION for leave to file Reply to Plaintiff's Response to Defendant's Motion to Compel Arbitration by Absolute Medical, LLC. (Pillay, Chantal) |
| Filing 50 Unopposed MOTION for leave to file Sur-Reply by Absolute Medical, LLC. (Pillay, Chantal) |
| Filing 49 RESPONSE in Opposition re #43 Amended MOTION to compel arbitration and MOTION to stay Proceedings Pending Arbitration filed by Nuvasive, Inc.. (Evans, Diana) Modified on 3/28/2018 (SPM). |
| Filing 48 REPLY to #38 Response re #19 MOTION for preliminary injunction filed by Nuvasive, Inc.. (Attachments: #1 Exhibit 1)(Evans, Diana) Modified on 3/26/2018 (SPM). |
| Filing 47 CASE REFERRED to Mediation. Murray B. Silverstein appointed as Mediator. (SPM) |
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/4/2018, Joinder of Parties due by 5/4/2018, Discovery due by 7/15/2019, Dispositive motions due by 8/16/2019, Pretrial statement due by 1/13/2020, All other motions due by 12/2/2019, Plaintiff disclosure of expert report due by 5/1/2019, Defendant disclosure of expert report due by 6/3/2019, Trial status Conference set for 1/16/2020 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 2/3/2020 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 11/30/2018. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 3/22/2018. (DJD)
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| Filing 45 RESPONSE in Opposition re #41 MOTION to Dismiss Absolute's Counterclaim filed by Absolute Medical, LLC. (Pillay, Chantal) |
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Filing 44
ENDORSED ORDER granting #39 Motion for Leave to File. Plaintiff shall file a Reply of no more than ten pages on or before 3/26/2018. Signed by Judge Carlos E. Mendoza on 3/20/2018. (SDR)
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| Filing 43 Amended MOTION to compel arbitration and, MOTION to stay Proceedings Pending Arbitration by Absolute Medical, LLC. (Pillay, Chantal) |
| Filing 42 Unopposed MOTION to compel arbitration and, MOTION to stay Proceedings Pending Arbitration by Absolute Medical, LLC, Dave Hawley, Greg Soufleris. (Pillay, Chantal) |
| Filing 41 MOTION to Dismiss Absolute's Counterclaim by Nuvasive, Inc.. (Evans, Diana) |
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Filing 40
ORDER for Laura H. Mermelli to comply with the administrative procedures regarding electronic filing. by 3/20/18. Signed by Judge Carlos E. Mendoza on 3/6/2018. (DJD) ctp
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| Filing 39 Unopposed MOTION for leave to file Reply to Defendant Absolute Medical Response and Opposition to Plaintiff's Motion for Preliminary Injunction by Nuvasive, Inc.. (Evans, Diana) |
| Filing 38 RESPONSE in Opposition re #19 MOTION for preliminary injunction filed by Absolute Medical, LLC, Dave Hawley, Greg Soufleris. (Attachments: #1 Exhibit Declaration of Greg Soufleris)(Pillay, Chantal) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Laura H. Mirmelli, appearing on behalf of Absolute Medical, LLC, Dave Hawley, Greg Soufleris (Filing fee $150 receipt number ORL-071325.) Related document: #35 Unopposed MOTION for Laura H. Mirmelli to appear pro hac vice. (SPM) |
| Filing 37 CASE MANAGEMENT REPORT. (Evans, Diana) |
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Filing 36
ORDER granting #35 DEFENDANTS ABSOLUTE MEDICAL, LLC, GREG SOUFLERIS AND DAVE HAWLEY'S UNOPPOSED MOTION TO APPEAR PRO HAC VICE AND WRITTEN DESIGNATION AND CONSENT TO ACT, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 2/21/2018. (MB)
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| Filing 35 Unopposed MOTION for Laura H. Mirmelli to appear pro hac vice by All Defendants. (Attachments: #1 Text of Proposed Order)(Pillay, Chantal) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 34
ENDORSED ORDER granting #32 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. Defendants' response due by 2/26/2018. Signed by Magistrate Judge Gregory J. Kelly on 2/20/2018. (MB)
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Filing 33
ENDORSED ORDER granting #29 Joint Motion for Leave to Conduct Case Management Conference Telephonically, provided the parties agree on the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Gregory J. Kelly on 2/20/2018. (MB)
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| Filing 32 Unopposed MOTION for Extension of Time to February 26, 2018, to File Response/Reply as to #19 MOTION for preliminary injunction by All Defendants. (Pillay, Chantal) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 2/20/2018 (SPM). |
| Filing 31 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Greg Soufleris.(Busch, Bryan) |
| Filing 30 NOTICE to counsel, Laura H. Mirmelli, of Local Rule 2.02 (signed by deputy clerk). (SPM) |
| Filing 29 Joint MOTION to Appear Telephonically at Case Management Conference by Nuvasive, Inc.. (Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 28 (INCOMPLETE PDF ATTACHED - REFILED AT #31) ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Greg Soufleris.(Busch, Bryan) Modified on 2/16/2018 (SPM). |
| Filing 27 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Dave Hawley.(Busch, Bryan) |
| Filing 26 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against Nuvasive, Inc. by Absolute Medical, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Busch, Bryan) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order, #21 Order directing compliance, #14 Interested persons order by Absolute Medical, LLC, Dave Hawley, Greg Soufleris. (Pillay, Chantal) |
| Filing 24 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Greg Soufleris. (Evans, Diana) |
| Filing 23 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Dave Hawley. (Evans, Diana) |
| Filing 22 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Absolute Medical, LLC. (Evans, Diana) |
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Filing 21
ORDER directing compliance with the Court's Order directing Defendants to file a Certificate of Interested Persons and Corporate Disclosure Statement (Doc. 14). Responses due by 2/28/2018. Signed by Judge Carlos E. Mendoza on 2/15/2018. (DJD)
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| Filing 20 NOTICE of Appearance by Chantal Pillay on behalf of Absolute Medical, LLC, Dave Hawley, Greg Soufleris (Pillay, Chantal) |
| Filing 19 MOTION for preliminary injunction by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Evans, Diana) |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Christopher W. Cardwell, appearing on behalf of Nuvasive, Inc. (Filing fee $150 receipt number ORL-070637.) Related document: #17 Unopposed MOTION for Christopher W. Cardwell to appear pro hac vice. (SPM) |
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Filing 18
ORDER granting #17 UNOPPOSED AMENDED MOTION FOR CHRISTOPHER W. CARDWELL TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Gregory J. Kelly on 1/29/2018. (MB)
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| Filing 17 Unopposed MOTION for Christopher W. Cardwell to appear pro hac vice by Nuvasive, Inc.. (Attachments: #1 Exhibit A)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 16
ORDER denying #15 UNOPPOSED MOTION FOR CHRISTOPHER W. CARDWELL TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILINGS. Signed by Magistrate Judge Gregory J. Kelly on 1/26/2018. (MB)
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| Filing 15 Unopposed MOTION for Christopher W. Cardwell to appear pro hac vice by Nuvasive, Inc.. (Attachments: #1 Exhibit A)(Evans, Diana) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 14
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by defendants by 2/8/2018. Signed by Judge Carlos E. Mendoza on 1/25/2018. (DJD) ctp
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| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Bryan E. Busch, appearing on behalf of Absolute Medical, LLC, Dave Hawley, Greg Soufleris (Filing fee $150 receipt number ORL-070527.) Related document: #12 Unopposed MOTION for Bryan E. Busch to appear pro hac vice. (SPM) |
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Filing 13
ORDER granting #12 DEFENDANTS ABSOLUTE MEDICAL, LLC, GREG SOUFLERIS AND DAVE HAWLEY'S UNOPPOSED MOTION TO APPEAR PRO HAC VICE AND WRITTEN DESIGNATION AND CONSENT TO ACT, provided counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 1/24/2018. (MB)
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| Filing 12 Unopposed MOTION for Bryan E. Busch to appear pro hac vice by All Defendants. (Ursini, Louis) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Nuvasive, Inc.. (Evans, Diana) |
| Filing 10 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Nuvasive, Inc.. Related case(s): no (Evans, Diana) |
| Filing 9 NOTICE to counsel, Bryan Busch, of Local Rule 2.01 (signed by deputy clerk). (SPM) |
| Filing 8 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Absolute Medical, LLC. (Evans, Diana) |
| Filing 7 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Dave Hawley. (Evans, Diana) |
| Filing 6 WAIVER of service returned executed on 01/04/18 by Nuvasive, Inc. as to Greg Soufleris. (Evans, Diana) |
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Filing 5
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/19/2018. Signed by Judge Carlos E. Mendoza on 1/5/2018. (DJD) ctp
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| Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/19/2018. Signed by D. Darley/Deputy Clerk on 1/5/2018. (DJD) ctp |
| Filing 3 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:17-cv-2206-ORL-41GJK. Senior Judge G. Kendall Sharp no longer assigned to the case. (RDO) |
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Filing 2
ORDER reassigning this case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 1/3/2018. (SC)
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| Filing 1 COMPLAINT against All Defendants for Injunctive Relief and Damages (Filing fee $400, receipt number ORL069693) filed by Nuvasive, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(JET) |
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