Rebotix Repair LLC v. Intuitive Surgical, Inc.
| REBOTIX REPAIR, LLC and Rebotix Repair LLC |
| Intuitive Surgical, Inc. |
| 8:2020cv02274 |
| September 28, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Anti-Trust |
| 15 U.S.C. § 0001 |
| Plaintiff |
Docket Report
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Filing 37
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (TWL)
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Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/17/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the March 2022 in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/7/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (TWL)
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Filing 35
ENDORSED ORDER denying #25 Motion to Change Venue / Transfer Case. The Court in its discretion declines to transfer this matter to the Northern District of Florida. The reasons for denying the motion were discussed at length at oral argument. In essence, the plaintiffs are different and while the defendant and cause of action are either similar or the same, that in and of itself does not justify transfer. While the Court is concerned and has very heavily weighed the risk of inconsistent rulings, that, too, is not a sufficient reason to permit transfer of this case. The plaintiff has chosen this forum, that decision is entitled to great weight, and this is where the case will proceed. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (Covington, Virginia)
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| Filing 34 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 11/19/2020 re #25 MOTION to Change Venue filed by Intuitive Surgical, Inc. Court Reporter: Shelli Kozachenko (TWL) |
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Filing 33
ENDORSED ORDER: In light of the upcoming hearing on the motion to transfer venue, scheduled for November 19, 2020, at 10:00 AM, the defendant's motion for leave to file a reply in support of its motion to transfer venue (Doc. #32) is denied. The Court believes that the scheduled hearing will give the defendant adequate opportunity to further support its motion. Signed by Judge Virginia M. Hernandez Covington on 11/16/2020. (LEA)
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| Filing 32 MOTION for leave to file a reply re #30 Response in Opposition to Motion filed by Intuitive Surgical, Inc. (McGee, David) Modified on 11/16/2020 (BES). |
| Filing 31 NOTICE of hearing on motion re #25 MOTION to Change Venue and Case Management Hearing. The Hearing set for 11/19/2020 at 10:00 AM will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
| Filing 30 RESPONSE in Opposition re #25 MOTION to Change Venue filed by Rebotix Repair LLC. (Attachments: #1 Affidavit Declaration of Glenn Papit in Support of Plaintiff Rebotix's Opposition to Defendant Intuitive's Motion to Transfer Venue, #2 Affidavit Declaration of Richard Lyon in Support of Plaintiff Rebotix's Opposition to Defendant Intuitive's Motion to Transfer Venue, #3 Exhibit A to Lyon Declaration (District Court Case Statistics), #4 Exhibit B to Lyon Declaration (Revised Scheduling Order in Restore Case), #5 Exhibit C to Lyon Declaration (Joint Status Report in Restore Case), #6 Exhibit D to Lyon Declaration (Counterclaims to Amended Complaint in Restore))(Lyon, Richard) |
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Filing 29
ENDORSED ORDER denying as moot #24 Motion to Change Venue / Transfer Case. A corrected motion has been filed which is the operative motion. Signed by Judge Virginia M. Hernandez Covington on 11/11/2020. (Covington, Virginia)
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| Filing 28 CASE MANAGEMENT REPORT. (Lyon, Richard) |
| Filing 27 CORPORATE Disclosure Statement by Intuitive Surgical, Inc. (McGee, David) |
| Special Admission for Non-Resident Attorney Allen Ruby. (McGee, David) Modified on 11/2/2020 incomplete entry, counsel refiled (BES). |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. 113A-17499837 for $150 paid. Special Admission for Non-Resident Attorney Lance A. Etcheverry. (McGee, David) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. 113A-17499807 for $150 paid. Special Admission for Non-Resident Attorney Allen Ruby. (McGee, David) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. 113A-17499845 for $150 paid. Special Admission for Non-Resident Attorney Karen Hoffman Lent. (McGee, David) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order, 8 Order filed by Rebotix Repair LLC. (Luikart, David) |
| Filing 25 CORRECTED MOTION to Change Venue by Intuitive Surgical, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(AG) |
| Filing 24 MOTION to Change Venue by Intuitive Surgical, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(AG) |
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Filing 23
ORDER granting #18 defendant's Motion for Allen Ruby to Appear Pro Hac Vice; granting #19 defendant's Motion for Lance A. Etcheverry to Appear Pro Hac Vice; granting #20 defendant's Motion for Karen Hoffman Lent to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 10/23/2020. (DMS)
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Filing 22
ENDORSED ORDER granting #17 Motion for Extension of Time to Answer. Responsive pleading due by December 8, 2020.. Signed by Judge Virginia M. Hernandez Covington on 10/22/2020. (Covington, Virginia)
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| Filing 21 NOTICE to counsel David L. McGee of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (AG) |
| Filing 20 MOTION for Karen Hoffman Lent to appear pro hac vice by Intuitive Surgical, Inc. (Attachments: #1 Special Admission Certification)(AG) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 19 MOTION for Lance A. Etcheverry to appear pro hac vice by Intuitive Surgical, Inc. (Attachments: #1 Special Admission Certification)(AG) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 18 MOTION for Allen Ruby to appear pro hac vice by Intuitive Surgical, Inc. (Attachments: #1 Special Admission Certification)(AG) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 17 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by Intuitive Surgical, Inc. (Attachments: #1 Text of Proposed Order)(AG) |
| Filing 16 NOTICE of Appearance by David L. McGee on behalf of Intuitive Surgical, Inc. (AG) |
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Filing 15
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 10, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/21/2020. (LEA)
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| Filing 14 RETURN of service executed on October 6, 2020 by Rebotix Repair LLC as to Intuitive Surgical, Inc. (Luikart, David) |
| Filing 13 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Rebotix Repair LLC. Related case(s): yes (Luikart, David) |
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Filing 12
ORDER granting #10 plaintiff's Motion for Gregory Dovel to Appear Pro Hac Vice; granting #11 plaintiff's Motion for Richard Lyon to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 10/8/2020. (DMS)
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| Filing 11 MOTION for Richard Lyon to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17398701 for $150 by Rebotix Repair LLC. (Luikart, David) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 10 MOTION for Gregory Dovel to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17398588 for $150 by Rebotix Repair LLC. (Luikart, David) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 9
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Richard Lyon is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until October 30, 2020, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by October 30, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/5/2020. (TWL)
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Filing 8
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Gregory Dovel is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until October 30, 2020, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by October 30, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/5/2020. (TWL)
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Filing 7
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/5/2020. (TWL)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/5/2020. (TWL)
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| Filing 5 CORPORATE Disclosure Statement by Rebotix Repair LLC. (Luikart, David) |
| Filing 4 SUMMONS issued as to Intuitive Surgical, Inc. (CRH) |
| Filing 3 NOTICE to counsel Gregory Dovel and Richard Lyon of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (CRH) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-2274-T-33TGW. (SJB) |
| Filing 1 COMPLAINT against Intuitive Surgical, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-17361864) filed by Rebotix Repair LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Luikart, David) |
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