IN RE: ERMI LLC ('289) Patent Litigation
Defendant: Orthopedics International, Great American Spine & Biologics, LLC, Tyson & Carter, Inc., Jeff Hegwood (AL), CMS Medical Solutions, PointClear Solutions, Chas Welch, Medfocus Solutions, Inc., Cade Medical, Tab Bone, Brett West, Premier Orthopedic Solutions, Inc., IASO Biosciences, LLC, SOS Medical - LITE, Thomas P. Branch, Jeff Hegwood (SC), Absolute Surgical, KPM2, LLC, End Range of Motion Improvement, Inc., Soma Medical, LLC, SGR Medical Solutions, SE Medical, LLC, Marc Levitt, Decker Medical, LLC, Jon Trumble, Tom Duty and David Long
Consolidated Defendant: Team Post OP, Inc., T-Rex Rehab, LLC, T-Rex Investment, Inc., Eduardo Marti, OneDirect Health Network, Inc., Northstate Surgical Devices, LLC, Kinnick Medical Limited, Douglas B Jones, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Kaiser Medical, Inc., Robert Kaiser, Jeffrey Smith and Thomas H. Greene
Consolidated Plaintiff: ERMI LLC
In Re: ERMI LLC ('289) Patent Litigation
Special Master: Benjamin Widlanski
Case Number: 0:2019md02914
Filed: October 2, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1407
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Opinion or Order Filing 157 ORDER OF DISMISSAL. The Court hereby RECOMMENDS that the Judicial Panel on Multidistrict Litigation ("JPML") terminate this multidistrict litigation proceeding and the Clerk of Court close this matter, subject to this Court's continuing jurisdiction to enforce its Orders, handle any matters related to the settlement, or address any other miscellaneous issues necessary to complete the administration of these cases. Signed by Judge Roy K. Altman on 9/21/2020. See attached document for full details. (mc)
September 17, 2020 Opinion or Order Filing 156 ORDER OF DISMISSAL re #155 Parties' Stipulation of Dismissal with Prejudice. This action is DISMISSED with prejudice. Signed by Judge Roy K. Altman on 9/17/2020. See attached document for full details. (mc)
September 15, 2020 Filing 155 STIPULATION of Dismissal (JOINT) with Prejudice by ERMI LLC (Long, Samuel)
August 25, 2020 Opinion or Order Filing 154 PAPERLESS ORDER granting the #153 Joint Motion for Extension of Time. The Parties shall file a Stipulation of Dismissal by September 21, 2020. Signed by Judge Roy K. Altman on 8/25/2020. (kge)
August 21, 2020 Filing 153 Joint MOTION for Extension of Time to file Stipulation of Dismissal by ERMI LLC. Responses due by 9/4/2020 (Attachments: #1 Text of Proposed Order)(Long, Samuel)
August 4, 2020 Opinion or Order Filing 152 ORDER that the above-styled action is administratively CLOSED without prejudice to the parties to file a stipulation of dismissal on or before August 18, 2020. If the parties fail to complete the expected settlement, any party may ask the Court to reopen the case. All pending deadlines and hearings are TERMINATED, and any pending motions are DENIED AS MOOT. Signed by Judge Roy K. Altman on 8/4/2020. See attached document for full details. (mc)
July 28, 2020 Filing 150 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Markman Hearing set for 8/6/2020 01:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. On August 6, 2020 at 1:00 p.m. EST, the parties are directed to appear telephonically. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. (kge)
July 27, 2020 Opinion or Order Filing 151 ORDER Scheduling Mediation before Chief Judge David Folsom. Mediation Hearing set for 8/3/2020 10:00 AM. Signed by Judge Roy K. Altman on 7/27/2020. See attached document for full details. (pes)
July 27, 2020 Opinion or Order Filing 149 PAPERLESS ORDER granting the #147 Unopposed Motion to Excuse Thomas H. Greene's In-Person Attendance for a Portion of the August 3, 2020 Mediation. Defendant Thomas H. Greene may appear telephonically when necessary and may confer full authority to Jeffrey Smith to represent his interests. Signed by Judge Roy K. Altman on 7/27/2020. (kge)
July 24, 2020 Filing 148 NOTICE by ERMI LLC and Defendants - Joint Notice of Mediation (Long, Samuel)
July 24, 2020 Filing 147 Unopposed MOTION for Leave to Appear Defendant, Thomas H. Greene's Motion to Excuse Thomas Green'es In-Person Zoom Attendance for a Portion of the Mediaiton Scheduled for August 3, 2020 by Thomas H. Greene. Responses due by 8/7/2020 (Attachments: #1 Exhibit)(Vine, S.)
July 21, 2020 Opinion or Order Filing 146 AMENDED SCHEDULING ORDER. The Scheduling Order (ECF No. #90 ) is hereby AMENDED. (Discovery due by 11/20/2020., Expert Discovery due by 11/20/2020., Fact Discovery due by 10/5/2020., Mediation Deadline 8/3/2020., Dispositive Motions due by 12/18/2020., Motions due by 12/18/2020., Claim Construction Hearing set for 8/6/2020 before Judge Roy K. Altman). Signed by Judge Roy K. Altman on 7/21/2020. See attached document for full details. (mc)
July 21, 2020 Opinion or Order Filing 145 PAPERLESS ORDER requiring the parties to conduct mediation on August 3, 2020. The parties, shall, by July 24, 2020, submit a notice of mediation indicating the time and medium of their August 3, 2020 mediation. Failure to comply with this Order will result in sanctions, including dismissal without further notice. Signed by Judge Roy K. Altman on 7/21/2020. (kge)
July 20, 2020 Filing 144 RESPONSE to #134 Notice (Other),,,,,, by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Thomas H. Greene, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Jeffrey Smith, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc.. (Zibas, Jura)
July 20, 2020 Filing 143 NOTICE by ERMI LLC Regarding Consent to Mediator (Long, Samuel)
July 20, 2020 Filing 142 RESPONSE to #132 Notice (Other),,,,, in Opposition to Defendants' Opening Claim Construction Brief by ERMI LLC. (Attachments: #1 Exhibit A. Declaration of Tom BenGera, #2 Exhibit 1. Rebuttal Expert Declaration of Garrett Wood, Ph.D., PE, #3 Exhibit 2. Expert Declaration of Neal J. Curran, #4 Exhibit 3. Deposition Transcript of Neal J. Curran, #5 Exhibit 4. Transcript from Expedited Motion Hearing, #6 Exhibit 5. Defendants' Preliminary Claim Constructions and Extrinsic Evidence, #7 Exhibit 6. Defendants' Proposed Terms and Claim Elements for Construction, #8 Exhibit 7. Copy of listing for 'Scotch 700 Electrical Tape' offered on Amazon.com, #9 Exhibit 8. Excerpt from US Patent Office, Classification Resources, CPC Definition A63B, #10 Exhibit 9. Excerpt from Webster's Dictionary and Thesaura for Home, School and Office, #11 Exhibit 10. Excerpt from Oxford American Dictionary, #12 Exhibit 11. Excerpt from Merriam Webster's Collegiate Dictionary, #13 Exhibit 12. Excerpt from Oxford American Desk Dictionary & Thesaurus, #14 Exhibit 13. Excerpt from Oxford Advanced Learner's Dictionary, #15 Exhibit 14. Excerpt from Illustrated Dictionary of Mechanical Engineering, #16 Exhibit 15. Excerpt from Defendant OneDirect Health Network's Invalidity Contentions, #17 Exhibit 16. Copy of listing for "Erickson 78627 2" x 27' offered on Amazon.com, #18 Exhibit 17. Copy of listing for 'Cargo Strap - 5000 Lb. Capacity, 20 Ft' offered on Amazon.com)(Long, Samuel)
July 20, 2020 Filing 141 NOTICE by T-Rex Rehab, LLC Regarding Mediator Availability (Atherton, Scott)
July 20, 2020 Filing 140 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 7/20/2020. Total time in court: 0 hour(s) : 50 minutes. Attorney Appearance(s): Richard Randolph Edwards, Jura Christine Zibas, Samuel Alexander Long, Jr, Scott W. Atherton, Alaina Brooke Karsten, Tom Bengera, Christina Davidson Trimmer, Mindi Marie Richter, S. Jonathan Vine, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (kge)
July 20, 2020 Filing 139 PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 7/20/2020 04:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. On July 20, 2020 at 4:00 p.m., the parties are directed to appear telephonically for a status conference as requested by the Joint Motion [ECF No. 135]. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. This notice reschedules the status conference set for the same day at 1:45 p.m. (kge)
July 17, 2020 Filing 138 PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 7/20/2020 04:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. On July 20, 2020 at 4:00 p.m., the parties are directed to appear telephonically for a status conference as requested by the Joint Motion [ECF No. 135]. At that time, the parties shall dial 1-888-363-4734 and enter access code 912706, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. This notice reschedules the status conference set for the same day at 1:45 p.m. [ECF No. 136]. (kge)
July 17, 2020 Opinion or Order Filing 137 PAPERLESS ORDER granting #135 Joint Motion for Extension of Time. The parties shall conclude depositions by October 5, 2020. Signed by Judge Roy K. Altman on 7/17/2020. (kge)
July 17, 2020 Filing 136 PAPERLESS NOTICE of Hearing: re #135 Joint MOTION for Extension of Time Deposition and Dispositive Motion Deadlines, to Establish Additional Submission Deadlines and Request for Status Conference Regarding August 6 Markman Hearing Telephonic Status Conference set for 7/20/2020 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman. (kge)
July 17, 2020 Filing 135 Joint MOTION for Extension of Time Deposition and Dispositive Motion Deadlines, to Establish Additional Submission Deadlines and Request for Status Conference Regarding August 6 Markman Hearing by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, ERMI LLC, Great American Spine & Biologics, LLC, Thomas H. Greene, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Jeffrey Smith, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc.. Attorney Alaina Brooke Karsten added to party CMS Medical Solutions(pty:dft), Attorney Alaina Brooke Karsten added to party Mary Patricia Coppedge(pty:condft), Attorney Alaina Brooke Karsten added to party Detroit Medical Devices, LLC(pty:condft), Attorney Alaina Brooke Karsten added to party ERMI LLC(pty:conpla), Attorney Alaina Brooke Karsten added to party Great American Spine & Biologics, LLC(pty:dft), Attorney Alaina Brooke Karsten added to party Thomas H. Greene(pty:condft), Attorney Alaina Brooke Karsten added to party Douglas B Jones(pty:condft), Attorney Alaina Brooke Karsten added to party KPM2, LLC(pty:dft), Attorney Alaina Brooke Karsten added to party Robert Kaiser(pty:condft), Attorney Alaina Brooke Karsten added to party Kaiser Medical, Inc.(pty:condft), Attorney Alaina Brooke Karsten added to party Kinnick Medical Limited(pty:condft), Attorney Alaina Brooke Karsten added to party Marc Levitt(pty:dft), Attorney Alaina Brooke Karsten added to party Eduardo Marti(pty:condft), Attorney Alaina Brooke Karsten added to party Northstate Surgical Devices, LLC(pty:condft), Attorney Alaina Brooke Karsten added to party OneDirect Health Network, Inc.(pty:condft), Attorney Alaina Brooke Karsten added to party OneDirect Health Network, Inc.(pty:conpla), Attorney Alaina Brooke Karsten added to party Orthopedics International(pty:dft), Attorney Alaina Brooke Karsten added to party PointClear Solutions(pty:dft), Attorney Alaina Brooke Karsten added to party Premier Orthopedic Solutions, Inc.(pty:dft), Attorney Alaina Brooke Karsten added to party SE Medical, LLC(pty:dft), Attorney Alaina Brooke Karsten added to party SGR Medical Solutions(pty:dft), Attorney Alaina Brooke Karsten added to party SOS Medical - LITE(pty:dft), Attorney Alaina Brooke Karsten added to party Jeffrey Smith(pty:condft), Attorney Alaina Brooke Karsten added to party T-Rex Investment, Inc.(pty:condft), Attorney Alaina Brooke Karsten added to party Team Post OP, Inc.(pty:condft), Attorney Alaina Brooke Karsten added to party Tyson & Carter, Inc.(pty:dft). Responses due by 7/31/2020 (Karsten, Alaina)
July 10, 2020 Filing 134 NOTICE by ERMI LLC ('289) Patent Litigation Plaintiff ERMI LLC's Opening Claim Construction Brief. Attorney Tom Bengera added to party ERMI LLC ('289) Patent Litigation(pty:inre). (Attachments: #1 Exhibit A - Declaration of Tom BenGera, #2 Exhibit 1 - USPN 7,547,289, #3 Exhibit 2 - US Prov App 60/341,371, #4 Exhibit 3 - 10/318,988 File History, #5 Exhibit 4 - Oxford Am. Dictionary Excerpt, #6 Exhibit 5 - Oxford Am. Desk Dictionary Excerpt, #7 Exhibit 6 - Webster's Dictionary Excerpt, #8 Exhibit 7 - Oxford Adv. Learner's Dict. Excerpt, #9 Exhibit 8 - Merriam Webster's Dictionary Excerpt, #10 Exhibit 9 - Anmol's Dictionary Excerpt, #11 Exhibit 10 - Dict. of Mech. Eng. Excerpt, #12 Exhibit 11 - Curran Dep Transcript Excerpt, #13 Exhibit 12 - Wood Dep Transcript Excerpt, #14 Exhibit 13 - Defendants' Claim Constructions and Extrinsic Evidence, #15 Exhibit 14 - American Heritage Dictionary Excerpt, #16 Exhibit 15 - USPN 4,669,451, #17 Exhibit 16 - USPN 6,695,795, #18 Exhibit 17 - USPN 5,417,643, #19 Exhibit 18 - USPN 5,179,939, #20 Exhibit 19 - USPN 6,821,288, #21 Exhibit 20 - USPN 9,669,249, #22 Exhibit 21 - USPN 5,294,141, #23 Exhibit 22 - USPN 8,932,240, #24 Exhibit 23 - USPN 5,891,061, #25 Exhibit 24 - USPN 5,683,351, #26 Exhibit 25 - USPN 5,620,410, #27 Exhibit 26 - USPN 5,399,147, #28 Exhibit 27 - USPN 4,671,257, #29 Exhibit 28 - USPN 5,145,020, #30 Exhibit 29 - USPN 4,595,212, #31 Exhibit 30 - Email Excerpts, #32 Exhibit 31 - Declaration of Garrett Wood) (Bengera, Tom)
July 10, 2020 Opinion or Order Filing 133 ORDER granting #127 Motion for Electronic Filing Privileges for Attorney Megan M. Stacy; granting #128 Motion for Electronic Filing Privileges for Attorney Lucas D. Garber. Ms. Stacy and Mr. Garber shall submit the attached certificate of understanding, with an original signature, to the Court Administrator-Clerk of Court for the Southern District of Florida to be kept by the District Attorney Admissions Deputy Clerk. Signed by Judge Roy K. Altman on 7/10/2020.(Attachments: #1 Exhibit A - Certificate of Understanding) See attached document for full details. (mc)
July 10, 2020 Filing 132 NOTICE Defendant's Opening Claim Construction Brief in Support of their Proposed Claim Constructions for U.S. Patent No. 7,547,289 by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Thomas H. Greene, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Jeffrey Smith, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc. (Attachments: #1 Affidavit Declaration of M. Ready, #2 Exhibit 1 - 289 Patent, #3 Exhibit 2 - 289 Patent Prosecution History, #4 Exhibit 3 - Depo. Trans. G. Wood, #5 Exhibit 4 - Webster Defn. "Mount", #6 Exhibit 5 - Declaration of N. Curran, #7 Exhibit 6 - Depo. Trans. N. Curran, #8 Exhibit 7 - Selected Pages FDA.gov, #9 Exhibit 8 - Webster Defn. "Linkage", #10 Exhibit 9 - Webster Defn. "Pivotally" and "Pivot", #11 Exhibit 10 - Oxford Defn. "Pivotal" and "Pivot", #12 Exhibit 11 - Oxford Defn. "Discourage", #13 Exhibit 12 - USPTO Classification CPC Defn. A61H, #14 Exhibit 13 - WIPO IPC Publication A61H) (Karsten, Alaina) Modified title text on 7/13/2020 (mc).
July 10, 2020 Filing 131 NOTICE of Striking #130 Notice (Other),, filed by T-Rex Rehab, LLC, CMS Medical Solutions, Eduardo Marti, Kaiser Medical, Inc., Mary Patricia Coppedge, Eduardo M. Marti, Great American Spine & Biologics, LLC, OneDirect Health Network, Inc., Tyson & Carter, Inc., T-Rex Investment, Inc., Northstate Surgical Devices, LLC, Robert Kaiser, PointClear Solutions, Detroit Medical Devices, LLC, Team Post OP, Inc., Marc Levitt, SE Medical, LLC, Premier Orthopedic Solutions, Inc., Orthopedics International, Douglas B Jones, SGR Medical Solutions, KPM2, LLC, SOS Medical - LITE, Kinnick Medical Limited by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc. (Karsten, Alaina)
July 10, 2020 Filing 130 (STRICKEN per DE #131 ) NOTICE by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc. DEFENDANTS OPENING CLAIM CONSTRUCTION BRIEF IN SUPPORT OF THEIR PROPOSED CLAIM CONSTRUCTIONS FOR U.S. PATENT NO. 7,547,289 (Zibas, Jura) Modified text on 7/13/2020 (mc).
July 6, 2020 Filing 129 REPLY to Response to Motion re #121 Defendant's MOTION to Bifurcate and for Bellwether Trial filed by CMS Medical Solutions, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Jeffrey Smith, Team Post OP, Inc., Tyson & Carter, Inc.. (Attachments: #1 Exhibit Ex A-Initial Claim Chart filed in WD WA, #2 Exhibit Ex B- First mended Claim Chart, #3 Exhibit Exhibit C - Second Amended Claim Chart)(Edwards, Richard)
July 1, 2020 Filing 128 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lucas D. Garber. Filing Fee $ 200.00 Receipt # AFLSDC-13116345 by ERMI LLC. Responses due by 7/15/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Richter, Mindi)
July 1, 2020 Filing 127 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan M. Stacy. Filing Fee $ 200.00 Receipt # AFLSDC-13116210 by ERMI LLC. Responses due by 7/15/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Richter, Mindi) Modified text on 7/1/2020 (pes).
June 26, 2020 Filing 126 RESPONSE in Opposition re #121 Defendant's MOTION to Bifurcate and for Bellwether Trial filed by ERMI LLC. Replies due by 7/6/2020. (Long, Samuel)
June 22, 2020 Filing 125 NOTICE by Thomas H. Greene, OneDirect Health Network, Inc., Jeffrey Smith, T-Rex Investment, Inc., T-Rex Rehab, LLC re #121 Defendant's MOTION to Bifurcate and for Bellwether Trial of Joinder (Atherton, Scott)
June 19, 2020 Filing 124 Statement of: Joint Claim Construction and Prehearing Statement by ERMI LLC (Attachments: #1 Exhibit 1. ERMI Proposed Claim Constructions and Extrinsic Evidence, #2 Exhibit 2. Defs' Claim Construction and Extrinsic Evidence, #3 Exhibit 3. Declaration of Garrett Wood, #4 Exhibit 4. Curran Claim Construction Declaration)(Bengera, Tom)
June 19, 2020 Filing 123 CERTIFICATE of Understanding re Electronic Filing in The Southern District of Florida for Tom BenGera re #122 Order (NEF sent to Attorney Admissions (ATTYADM)) (mc)
June 16, 2020 Opinion or Order Filing 122 ORDER that Tom BenGera shall be allowed electronic filing privileges and permitted to file and receive service of documents electronically. Mr. BenGera shall submit the attached certificate of understanding, with an original signature. The Court hereby directs the Court Administrator-Clerk of Court to assign CM/ECF usernames and passwords to Tom BenGera following the receipt by the Clerk of Court of his properly executed certificate of understanding re #119 Motion for Electronic Filing Privileges. Signed by Judge Roy K. Altman on 6/15/2020. See attached document for full details. (Attachments: #1 Exhibit A - Certificate of Understanding) (mc)
June 12, 2020 Filing 121 Defendant's MOTION to Bifurcate and for Bellwether Trial by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Team Post OP, Inc., Tyson & Carter, Inc.. Responses due by 6/26/2020 (Attachments: #1 Exhibit Ex A-KPM2 Notice of 30(b)(6) Depo)(Edwards, Richard)
June 12, 2020 Filing 120 NOTICE of Change of Address by Christian Claude Dorismond (Dorismond, Christian)
June 11, 2020 Filing 119 MOTION for Electronic Filing Privileges for Tom BenGera by ERMI LLC. (Richter, Mindi)
June 11, 2020 Opinion or Order Filing 118 PAPERLESS ORDER granting #115 Motion for Extension of Time; and granting #116 Motion for Extension of Time. The Defendants, Thomas Greene and Jeffrey Smith, need not respond to the Complaint before the Court adjudicates the #95 Motion for Leave to File Amended Complaint. Signed by Judge Roy K. Altman on 6/11/2020. (vve)
June 8, 2020 Filing 117 TRANSCRIPT of Telephonic Motion Hearing held on 5-27-20 before Judge Roy K. Altman, Volume Number 1 of 1, 1-34 pages, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 6/29/2020. Redacted Transcript Deadline set for 7/9/2020. Release of Transcript Restriction set for 9/8/2020. (fs)
June 5, 2020 Filing 116 MOTION for Extension of Time to File Response/Reply/Answer to Complaint and Request for Status Conference by Jeffrey Smith. (Attachments: #1 Proposed Order)(Dorismond, Christian)
June 5, 2020 Filing 115 MOTION for Extension of Time to File Response/Reply/Answer to Complaint and Request for Status Conference by Thomas H. Greene. (Attachments: #1 Proposed Order)(Dorismond, Christian)
June 3, 2020 Filing 114 NOTICE of Attorney Appearance by Christian Claude Dorismond on behalf of Thomas H. Greene, Jeffrey Smith (Dorismond, Christian)
May 28, 2020 Opinion or Order Filing 113 ORDER granting in part and denying in part #104 Plaintiff's Expedited Motion to Enforce the Parties' Claim Construction Stipulation; granting in part and denying in part #105 Defendants' Expedited Motion to Strike Plaintiffs Preliminary Claim Construction. (Claim Construction Hearing set for 8/6/2020 at 10:00 AM before Judge Roy K. Altman). Signed by Judge Roy K. Altman on 5/28/2020. See attached document for full details. (mc)
May 28, 2020 Filing 112 Clerks Notice to Filer re #111 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (mc)
May 27, 2020 Filing 111 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Jeffrey Smith (Vine, S.)
May 27, 2020 Filing 110 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Motion Hearing held on 5/27/2020 re #104 First EXPEDITED MOTION To Enforce the Parties' Claim Construction Stipulation filed by ERMI LLC, #105 First EXPEDITED MOTION Motion To Strike Plaintiffs Preliminary Claim Construction And Extrinsic Evidence And Preclude Plaintiff From Filing An Opening Claim Construction Brief, Or In The Alternative, To Issue An Amended Scheduling Order And Order Plain filed by T-Rex Rehab, LLC, CMS Medical Solutions, Eduardo Marti, Kaiser Medical, Inc., Mary Patricia Coppedge, Eduardo M. Marti, Great American Spine & Biologics, LLC, OneDirect Health Network, Inc., Tyson & Carter, Inc., T-Rex Investment, Inc., Northstate Surgical Devices, LLC, Robert Kaiser, PointClear Solutions, Detroit Medical Devices, LLC, Team Post OP, Inc., Marc Levitt, SE Medical, LLC, Premier Orthopedic Solutions, Inc., Orthopedics International, Douglas B Jones, SGR Medical Solutions, KPM2, LLC, SOS Medical - LITE, Kinnick Medical Limited. Total time in court: 45 minutes. Attorney Appearance(s): Richard Randolph Edwards, Jura Christine Zibas, Samuel Alexander Long, Jr, Scott W. Atherton, Tom Bengera, S. Jonathan Vine, Kristen Lake Cardoso, Marty B. Ready, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (vve)
May 26, 2020 Filing 109 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of Thomas H. Greene, Jeffrey Smith. Attorney S. Jonathan Vine added to party Thomas H. Greene(pty:condft), Attorney S. Jonathan Vine added to party Jeffrey Smith(pty:condft). (Vine, S.)
May 22, 2020 Filing 108 RESPONSE in Opposition re #105 First EXPEDITED MOTION Motion To Strike Plaintiffs Preliminary Claim Construction And Extrinsic Evidence And Preclude Plaintiff From Filing An Opening Claim Construction Brief, Or In The Alternative, To Issue An Amended Scheduling Order And Order Plain filed by ERMI LLC. Replies due by 5/29/2020. (Attachments: #1 Exhibit 1. Declaration of Tom BenGera, #2 Exhibit 2. Magna Donnelly Corp. v. 3M Co., #3 Exhibit 3. Email chain re Claim Construction, #4 Exhibit 4. E. D. Tex. Local Patent Rule 4-2(b), #5 Exhibit 5. N.D. Cal. Local Patent Rule 4-2, #6 Exhibit 6. S.D. Cal. Local Patent Rule 4.1(b), #7 Exhibit 7. N.D. Ga. Local Patent Rule 6.2(b))(Long, Samuel)
May 22, 2020 Filing 107 RESPONSE in Opposition re #104 First EXPEDITED MOTION To Enforce the Parties' Claim Construction Stipulation filed by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc.. Replies due by 5/29/2020. (Attachments: #1 Affidavit of Marty B. Ready in Support, #2 Exhibit 1. Defendants Rebuttal to Plaintiff ERMI LLCs Proposed Terms and Claim Elements for Construction, #3 Exhibit 2. Defendants Preliminary Construction and Extrinsic Evidence, #4 Exhibit 3. Plaintiff ERMI LLCs Initial Claim Chart)(Zibas, Jura)
May 20, 2020 Opinion or Order Filing 106 ORDER Setting Hearing on Motions #104 Expedited Motion to Enforce Claim Construction Stipulation, #105 Expedited Motion to Strike Preliminary Claim Construction. Briefing for both Motions is hereby EXPEDITED. Responses to both Motions are due by May 22, 2020. No Replies will be permitted. The parties are directed to appear for a telephonic motion hearing on the Motions on May 27, 2020, at 10:30 a.m. (Responses due by 5/22/2020. Telephonic Motion Hearing set for 5/27/2020 at 10:30 AM before Judge Roy K. Altman). Signed by Judge Roy K. Altman on 5/20/2020. See attached document for full details. (mc)
May 20, 2020 Filing 105 First EXPEDITED MOTION Motion To Strike Plaintiffs Preliminary Claim Construction And Extrinsic Evidence And Preclude Plaintiff From Filing An Opening Claim Construction Brief, Or In The Alternative, To Issue An Amended Scheduling Order And Order Plaintiff To Participate In Claim Construction Discovery by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc. (Attachments: #1 Affidavit (Declaration of Marty Ready in Support of Motion to Strike Claim Construction), #2 Exhibit 1. Plaintiff ERMI LLCs Proposed Terms and Claim Elements for Construction, #3 Exhibit 2. Proposed Claim Terms for Construction, #4 Exhibit 3. Plaintiff ERMI LLCs Proposed Rebuttal Terms and Claim Elements for Construction, #5 Exhibit 4. Plaintiff ERMI LLCs Preliminary Claim Constructions and Extrinsic Evidence, #6 Exhibit 5. Defendants Preliminary Claim Constructions and Extrinsic Evidence, #7 Exhibit 6. between Plaintiff and Defendants between April 3, 2020, and April 15, 2020, #8 Exhibit 7. correspondence between Plaintiff and Defendants between April 3, 2020, and May 7, 2020)(Zibas, Jura) Modified filers per attorney's requests on 5/20/2020 (mc).
May 19, 2020 Filing 104 First EXPEDITED MOTION To Enforce the Parties' Claim Construction Stipulation by ERMI LLC. (Attachments: #1 Exhibit 1. Email chain re Claim Construction, #2 Exhibit 2. 2020-04-03 Defendants' Proposed Claim Terms, #3 Exhibit 3. 2020-04-03 ERMI's Proposed Terms for Construction, #4 Exhibit 4. 2020-04-17 Defendants' Rebuttal to ERMI's Proposed Terms for Construction, #5 Exhibit 5. 2020-05-15 Defendants' Claim Construction, #6 Exhibit 6. 2020-05-15 ERMI's Claim Construction)(Long, Samuel)
May 15, 2020 Filing 103 REPLY to Response to Motion re #95 First MOTION for Leave to File First Amended Omnibus Complaint filed by ERMI LLC. (Attachments: #1 Exhibit 1. Declaration of Samuel Alexander Long, Jr., #2 Exhibit A. 2020-03-03 Email from A. Karsten, #3 Exhibit B. 2020-03-05 Email to R. Edwards, #4 Exhibit C. 2020-03-06 Deposition Transcript of Mackenzie McClung, #5 Exhibit D. 2020-04-22 Email from R. Edwards)(Long, Samuel)
May 13, 2020 Filing 102 NOTICE of Voluntary Dismissal (JOINT) for Defendants Chas Welch, David Long, Jeff Hegwood (SC), Jeff Hegwood (AL), Jon Trumble, Tab Bone, Absolute Surgical, Brett West, Medfocus Solutions, Cade Medical, Soma Medical LLC, Tom Duty, Decker Medical LLC, and IASO Biosciences LLC. by ERMI LLC (Long, Samuel)
May 13, 2020 Filing 101 NOTICE of Filing Supplemental Affidavit signed by: Special Master Benjamin Widlanski re #87 Order by Benjamin Widlanski (Attachments: #1 Affidavit)(Widlanski, Benjamin) Modified title/text on 5/13/2020 (mc).
May 11, 2020 Attorney Richard Randolph Edwards terminated as to Defendants OneDirect Health Network, Inc., T-Rex Investment, Inc., and T-Rex Rehab, LLC per DE 99 Order. (mc)
May 8, 2020 Filing 100 RESPONSE in Opposition re #95 First MOTION for Leave to File First Amended Omnibus Complaint filed by CMS Medical Solutions, Mary Patricia Coppedge, Detroit Medical Devices, LLC, Great American Spine & Biologics, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Tyson & Carter, Inc.. Attorney Scott W. Atherton added to party CMS Medical Solutions(pty:dft), Attorney Scott W. Atherton added to party Mary Patricia Coppedge(pty:condft), Attorney Scott W. Atherton added to party Detroit Medical Devices, LLC(pty:condft), Attorney Scott W. Atherton added to party Great American Spine & Biologics, LLC(pty:dft), Attorney Scott W. Atherton added to party Douglas B Jones(pty:condft), Attorney Scott W. Atherton added to party KPM2, LLC(pty:dft), Attorney Scott W. Atherton added to party Robert Kaiser(pty:condft), Attorney Scott W. Atherton added to party Kaiser Medical, Inc.(pty:condft), Attorney Scott W. Atherton added to party Kinnick Medical Limited(pty:condft), Attorney Scott W. Atherton added to party Marc Levitt(pty:dft), Attorney Scott W. Atherton added to party Eduardo Marti(pty:condft), Attorney Scott W. Atherton added to party Northstate Surgical Devices, LLC(pty:condft), Attorney Scott W. Atherton added to party OneDirect Health Network, Inc.(pty:condft), Attorney Scott W. Atherton added to party Orthopedics International(pty:dft), Attorney Scott W. Atherton added to party PointClear Solutions(pty:dft), Attorney Scott W. Atherton added to party Premier Orthopedic Solutions, Inc.(pty:dft), Attorney Scott W. Atherton added to party SE Medical, LLC(pty:dft), Attorney Scott W. Atherton added to party SGR Medical Solutions(pty:dft), Attorney Scott W. Atherton added to party SOS Medical - LITE(pty:dft), Attorney Scott W. Atherton added to party T-Rex Investment, Inc.(pty:condft), Attorney Scott W. Atherton added to party Team Post OP, Inc.(pty:condft), Attorney Scott W. Atherton added to party Tyson & Carter, Inc.(pty:dft). Replies due by 5/15/2020. (Attachments: #1 Exhibit 1 - [Compare Report] FL - First Amended Omnibus Complaint_DRAFT, #2 Exhibit 2 - Affidavit of Thomas Greene, #3 Exhibit 3 - Affidavit of Jeff Smith, #4 Exhibit 4 - RE_ In re ERMI LLC - Pre Motion Request_Redacted, #5 Exhibit 5 - 2016 SEC FORM D, #6 Exhibit 6 - 2019-06-06 ERMI Initial Disclosures, #7 Exhibit 7 - 2019-07-19 Plf OneDirect Initial Disclosures, #8 Exhibit 8 - Transcript of Status Conference - 12-17-2019, #9 Exhibit 9 - FW_ ERMI - OneDirect10_29_2019 & RE_Reply to Settlement Demand_Redacted)(Atherton, Scott)
May 8, 2020 Opinion or Order Filing 99 PAPERLESS ORDER granting #98 Motion to Withdraw as Attorney. The Clerk of Court is hereby directed to remove Richard R. Edwards and Cochran & Edwards LLC as counsel of record for the Defendants, OneDirect Health Network, Inc., T-Rex Investment, Inc., and T-Rex Rehab, LLC. Signed by Judge Roy K. Altman on 5/8/2020. (vve)
May 6, 2020 Filing 98 MOTION to Withdraw as Attorney by Richard R. Edwards for / by OneDirect Health Network, Inc., T-Rex Investment, Inc., T-Rex Rehab, LLC. Responses due by 5/20/2020 (Attachments: #1 Text of Proposed Order)(Edwards, Richard)
May 4, 2020 Opinion or Order Filing 97 PAPERLESS ORDER granting #96 Motion to Appear Pro Hac Vice. Marty B. Ready may appear and participate in this action on behalf of Defendants, OneDirect Health Network, Inc. and T-Rex Investments, Inc. The Clerk shall provide electronic notification of all electronic filings to Marty B. Ready, at marty.ready@wilsonelser.com. Signed by Magistrate Judge Patrick M. Hunt on 5/4/2020. (hhr)
April 30, 2020 Filing 96 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marty B. Ready. Filing Fee $ 200.00 Receipt # AFLSDC-12820450 by OneDirect Health Network, Inc., T-Rex Investment, Inc.. Responses due by 5/14/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Zibas, Jura)
April 24, 2020 Filing 95 First MOTION for Leave to File First Amended Omnibus Complaint by ERMI LLC. (Attachments: #1 Exhibit 1. First Amended Omnibus Complaint, #2 Exhibit Exhibit List to First Amended Omnibus Complaint, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36)(Long, Samuel)
April 22, 2020 Filing 94 MDL Transfer In Case Receipt from Northern District of Georgia. Case Number 1:20-cv-01476 with documents 1-12. Assigned FLSD Case Number 0:20-cv-60823-RKA on 4/21/2020. Re: FLSD MDL Case Number 0:19-md-02914-RKA. (mc)
April 21, 2020 Filing 93 MDL Transfer In Case Receipt from Northern District of Georgia. Case Number 1:20-cv-01474 with documents 1-13. Assigned FLSD Case Number 0:20-cv-60821-RKA on 4/21/2020. Re: FLSD MDL Case Number 0:19-md-02914-RKA. (mc)
April 17, 2020 Filing 92 MDL Transmittal Letter Requesting Case from the Northern District of Georgia, Case Number 1:20-01474 ERMI LLC v. Smith, 1:20-01476 ERMI LLC v. Greene, with enclosed copy of the #91 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
April 17, 2020 Filing 91 CONDITIONAL TRANSFER ORDER (CTO-2) transferring case to the Southern District of Florida re: MDL 2914 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Roy K. Altman. (Signed by John W. Nicholas, Clerk of the Panel). (mc)
April 7, 2020 Opinion or Order Filing 90 AMENDED SCHEDULING ORDER. The Scheduling Order ECF No. #89 is hereby AMENDED. Amended Pleadings due by 4/24/2020., Discovery due by 10/5/2020., Dispositive Motions due by 10/26/2020., Claim Construction Hearing set for 7/30/2020 at 10:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 4/7/2020. See attached document for full details. (mc)
April 6, 2020 Opinion or Order Filing 89 AMENDED SCHEDULING ORDER. The Scheduling Order ECF No. #61 is hereby AMENDED: Amended Pleadings due by 4/10/2020. Discovery due by 10/5/2020. Dispositive Motions due by 10/26/2020. Signed by Judge Roy K. Altman on 4/6/2020. See attached document for full details. (mc)
March 27, 2020 Filing 88 NOTICE by Benjamin Widlanski re #87 Order Notice of Filing Affidavit of Special Master Benjamin J. Widlanski (Attachments: #1 Affidavit of Special Master Benjamin Widlanski) (Widlanski, Benjamin)
March 26, 2020 Opinion or Order Filing 87 ORDER APPOINTING SPECIAL MASTER. Benjamin Widlanski appointed. Appointment shall be effective as of March 26, 2020. Signed by Judge Roy K. Altman on 3/26/2020. See attached document for full details. (mc)
March 24, 2020 Filing 86 NOTICE by ERMI LLC (JOINT) Notice of Partial Settlement against certain Distributor Defendants (Long, Samuel)
March 19, 2020 Filing 85 TRANSCRIPT of Teleconference Status Conference held on 3-17-20 before Judge Roy K. Altman, Volume Number 1 of 1, 1-27 pages, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 4/9/2020. Redacted Transcript Deadline set for 4/20/2020. Release of Transcript Restriction set for 6/17/2020. (fs)
March 17, 2020 Opinion or Order Filing 84 ORDER of Telephonic Status Conference ECF No. 83 . Joint Notice of Settlement due by March 24, 2020. Signed by Judge Roy K. Altman on 3/17/2020. See attached document for full details. (mc)
March 17, 2020 Filing 83 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 3/17/2020, Telephone Conference held on 3/17/2020. Total time in court: 45 minutes. Attorney Appearance(s): Richard Randolph Edwards, Jura Christine Zibas, Samuel Alexander Long, Jr, Christina Davidson Trimmer, Patrick B. Horne, Mindi Marie Richter, Scott W. Atherton, L. Martin Reeder, Jr, Alaina Brooke Karsten, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (vve)
March 16, 2020 Opinion or Order Filing 82 ORDER Scheduling Status Conference: Telephonic Status Conference set for 3/17/2020 10:00 AM before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 3/13/2020. See attached document for full details. (mc)
March 16, 2020 Opinion or Order Filing 81 PAPERLESS ORDER granting #80 Motion for Extension of Time and granting #77 Motion of Extension of Time. The deadline to amend pleadings is hereby extended to April 24, 2020. Signed by Judge Roy K. Altman on 3/16/2020. (vve)
March 16, 2020 Filing 80 Consent MOTION to Amend/Correct #77 Consent MOTION for Extension of Time to Amend Pleadings by Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Responses due by 3/30/2020 (Edwards, Richard)
March 16, 2020 Filing 79 AMENDED PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 3/17/2020 10:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. On March 17, 2020 at 10:00 a.m., the parties are directed to appear telephonically for a status conference. At that time, the parties shall dial 1-888-363-4734 and enter access code 9127026, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. (vve) (vve) (Entered: 03/16/2020)
March 13, 2020 Filing 78 PAPERLESS NOTICE of Hearing: Telephonic Status Conference set for 3/17/2020 10:00 AM in Fort Lauderdale Division before Judge Roy K. Altman. On March 17, 2020 at 10:00 a.m., the parties are directed to appear telephonically for a status conference. At that time, the parties shall dial 1-888-363-4734 and enter access code 912706, followed by the # symbol. Counsel must not utilize speakerphone functionality during the hearing and must dial in using a landline. (vve)
March 13, 2020 Filing 77 Consent MOTION for Extension of Time to Amend Pleadings by ERMI LLC. Responses due by 3/27/2020 (Long, Samuel)
March 12, 2020 Filing 76 Minute Entry for proceedings held before Magistrate Judge Patrick M. Hunt: Settlement Conference held on 3/12/2020. Impasse. (Digital 10:49:17) (dd)
March 11, 2020 Opinion or Order Filing 75 PAPERLESS ORDER granting #74 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Patrick M. Hunt on 3/11/2020. (hhr)
March 9, 2020 Filing 74 Joint MOTION to Bring Electronic Equipment into the courtroom for the express purpose of teleconferencing at Settlement Conference by ERMI LLC. Responses due by 3/23/2020 (Long, Samuel)
March 9, 2020 Opinion or Order Filing 73 PAPERLESS ORDER granting #67 Motion to Bring Electronic Equipment into the courtroom; granting #68 Motion to Bring Electronic Equipment into the courtroom; granting #70 Motion for Leave to Appear; granting #71 Motion for Leave to Appear. Parties appearing by telephone shall provide this Court with a conference call-in number at hunt@flsd.uscourts.gov. Signed by Magistrate Judge Patrick M. Hunt on 3/9/2020. (hhr)
March 9, 2020 Filing 72 RESPONSE to Motion re #71 MOTION for Leave to Appear Telephonically at March 12, 2020 at 10:00 am Settlement Conference. Attorney/Representative: Richard R. Edwards filed by ERMI LLC. Replies due by 3/16/2020. (Long, Samuel)
March 6, 2020 Filing 71 MOTION for Leave to Appear Telephonically at March 12, 2020 at 10:00 am Settlement Conference. Attorney/Representative: Richard R. Edwards by Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Responses due by 3/20/2020 (Attachments: #1 Text of Proposed Order)(Edwards, Richard)
March 6, 2020 Filing 70 Consent MOTION for Leave to Appear 3/12/2020 Settlement Conference Telephonically by Thomas P. Branch. Attorney Samuel Alexander Long, Jr added to party Thomas P. Branch(pty:dft). Responses due by 3/20/2020 (Long, Samuel)
March 6, 2020 Filing 69 RESPONSE in Opposition re #67 Defendant's MOTION to Bring Electronic Equipment into the courtroom for Court Ordered Settlement Conference on March 12, 2020 filed by ERMI LLC. Replies due by 3/13/2020. (Attachments: #1 Exhibit 1. Defendants One Direct and T-Rex Investments' Responses to ERMI's Requests for Production)(Long, Samuel)
March 6, 2020 Filing 68 Joint MOTION to Bring Electronic Equipment into the courtroom for Court Ordered Settlement Conference on March 12, 2020 by Absolute Surgical, Tab Bone, Thomas P. Branch, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, ERMI LLC, ERMI LLC ('289) Patent Litigation, End Range of Motion Improvement, Inc., Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Responses due by 3/20/2020 (Attachments: #1 Text of Proposed Order Order Granting Joint Motion to Bring Electronic Equipment and Devices into the Courtroom for Court Ordered Settlement Conference on March 12, 2020)(Karsten, Alaina)
March 6, 2020 Filing 67 Defendant's MOTION to Bring Electronic Equipment into the courtroom for Court Ordered Settlement Conference on March 12, 2020 by Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Responses due by 3/20/2020 (Attachments: #1 Exhibit 1 - Pre-filing Conferral Emails, #2 Text of Proposed Order Order Granting Defendants' Motion to Bring Device Into Courtroom for Court ordered Settlement Conference on March 12, 2020)(Zibas, Jura)
March 5, 2020 Filing 66 NOTICE of Attorney Appearance by Alaina Brooke Karsten on behalf of T-Rex Rehab, LLC. Attorney Alaina Brooke Karsten added to party T-Rex Rehab, LLC(pty:condft). (Karsten, Alaina)
March 5, 2020 Filing 65 NOTICE of Attorney Appearance by L. Martin Reeder, Jr on behalf of T-Rex Rehab, LLC. Attorney L. Martin Reeder, Jr added to party T-Rex Rehab, LLC(pty:condft). (Reeder, L.)
March 5, 2020 Filing 64 NOTICE of Attorney Appearance by Scott W. Atherton on behalf of T-Rex Rehab, LLC. Attorney Scott W. Atherton added to party T-Rex Rehab, LLC(pty:condft). (Atherton, Scott)
March 4, 2020 Filing 63 RESPONSE in Support re #57 MOTION TO DISMISS #40 Amended Complaint,,,, #38 Amended Complaint,,,,, FOR FAILURE TO STATE A CLAIM MOTION to Change Venue MOTION to Stay filed by Absolute Surgical, Tab Bone, Thomas P. Branch, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, End Range of Motion Improvement, Inc., Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Attorney Jura Christine Zibas added to party Thomas P. Branch(pty:dft). (Zibas, Jura)
March 3, 2020 Opinion or Order Filing 62 PAPERLESS ORDER granting #48 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Tom Bengera. Signed by Judge Roy K. Altman on 3/3/2020. (vve)
March 3, 2020 Opinion or Order Filing 61 SCHEDULING ORDER: Amended Pleadings due by 4/10/2020. Discovery due by 10/5/2020. Dispositive Motions due by 10/26/2020. Signed by Judge Roy K. Altman on 3/2/2020. See attached document for full details. (mc)
February 26, 2020 Filing 60 RESPONSE in Opposition re #57 MOTION TO DISMISS #40 Amended Complaint,,,, #38 Amended Complaint,,,,, FOR FAILURE TO STATE A CLAIM MOTION to Change Venue MOTION to Stay filed by ERMI LLC. Replies due by 3/4/2020. (Long, Samuel)
February 26, 2020 Filing 59 Summons Issued as to Thomas P. Branch. (mc)
February 14, 2020 Filing 58 REPLY to Response to Motion re #46 First MOTION TO DISMISS #39 MDL Amended Complaint FOR FAILURE TO STATE A CLAIM and to Dismiss or Strike Pursuant to Rules 9(b), 12(b)(4), 12(b)(5), 12(b)(6), and 12(f) and Pursuant to the First-Filed Rule filed by ERMI LLC. (Long, Samuel)
February 14, 2020 Filing 57 MOTION TO DISMISS #40 Amended Complaint,,,, #38 Amended Complaint,,,,, FOR FAILURE TO STATE A CLAIM , MOTION to Change Venue ( Responses due by 2/28/2020), MOTION to Stay ( Responses due by 2/28/2020) by Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, End Range of Motion Improvement, Inc., Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Attorney Jura Christine Zibas added to party Absolute Surgical(pty:dft), Attorney Jura Christine Zibas added to party Tab Bone(pty:dft), Attorney Jura Christine Zibas added to party CMS Medical Solutions(pty:dft), Attorney Jura Christine Zibas added to party Cade Medical(pty:dft), Attorney Jura Christine Zibas added to party Mary Patricia Coppedge(pty:condft), Attorney Jura Christine Zibas added to party Decker Medical, LLC(pty:dft), Attorney Jura Christine Zibas added to party Detroit Medical Devices, LLC(pty:condft), Attorney Jura Christine Zibas added to party Tom Duty(pty:dft), Attorney Jura Christine Zibas added to party End Range of Motion Improvement, Inc. (pty:dft), Attorney Jura Christine Zibas added to party Great American Spine & Biologics, LLC(pty:dft), Attorney Jura Christine Zibas added to party Jeff Hegwood (AL)(pty:dft), Attorney Jura Christine Zibas added to party Jeff Hegwood (SC)(pty:dft), Attorney Jura Christine Zibas added to party IASO Biosciences, LLC(pty:dft), Attorney Jura Christine Zibas added to party Douglas B Jones(pty:condft), Attorney Jura Christine Zibas added to party KPM2, LLC(pty:dft), Attorney Jura Christine Zibas added to party Robert Kaiser(pty:condft), Attorney Jura Christine Zibas added to party Kaiser Medical, Inc.(pty:condft), Attorney Jura Christine Zibas added to party Kinnick Medical Limited(pty:condft), Attorney Jura Christine Zibas added to party Marc Levitt(pty:dft), Attorney Jura Christine Zibas added to party David Long(pty:dft), Attorney Jura Christine Zibas added to party Medfocus Solutions, Inc.(pty:dft), Attorney Jura Christine Zibas added to party Northstate Surgical Devices, LLC(pty:condft), Attorney Jura Christine Zibas added to party Orthopedics International(pty:dft), Attorney Jura Christine Zibas added to party PointClear Solutions(pty:dft), Attorney Jura Christine Zibas added to party Premier Orthopedic Solutions, Inc.(pty:dft), Attorney Jura Christine Zibas added to party SE Medical, LLC(pty:dft), Attorney Jura Christine Zibas added to party SGR Medical Solutions(pty:dft), Attorney Jura Christine Zibas added to party SOS Medical - LITE(pty:dft), Attorney Jura Christine Zibas added to party Soma Medical, LLC(pty:dft), Attorney Jura Christine Zibas added to party Jon Trumble(pty:dft), Attorney Jura Christine Zibas added to party Tyson & Carter, Inc.(pty:dft), Attorney Jura Christine Zibas added to party Chas Welch(pty:dft), Attorney Jura Christine Zibas added to party Brett West(pty:dft). (Attachments: #1 Affidavit OF JEFFREY A. SMITH, #2 Affidavit OF EDUARDO MARTI)(Zibas, Jura)
February 13, 2020 Filing 56 RESPONSE in Opposition re #46 First MOTION TO DISMISS #39 MDL Amended Complaint FOR FAILURE TO STATE A CLAIM and to Dismiss or Strike Pursuant to Rules 9(b), 12(b)(4), 12(b)(5), 12(b)(6), and 12(f) and Pursuant to the First-Filed Rule filed by Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Mary Patricia Coppedge, Decker Medical, LLC, Detroit Medical Devices, LLC, Tom Duty, Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, Douglas B Jones, KPM2, LLC, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Marc Levitt, David Long, Eduardo Marti, Medfocus Solutions, Inc., Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. Attorney Richard Randolph Edwards added to party Absolute Surgical(pty:dft), Attorney Richard Randolph Edwards added to party Tab Bone(pty:dft), Attorney Richard Randolph Edwards added to party CMS Medical Solutions(pty:dft), Attorney Richard Randolph Edwards added to party Cade Medical(pty:dft), Attorney Richard Randolph Edwards added to party Mary Patricia Coppedge(pty:condft), Attorney Richard Randolph Edwards added to party Decker Medical, LLC(pty:dft), Attorney Richard Randolph Edwards added to party Detroit Medical Devices, LLC(pty:condft), Attorney Richard Randolph Edwards added to party Tom Duty(pty:dft), Attorney Richard Randolph Edwards added to party Great American Spine & Biologics, LLC(pty:dft), Attorney Richard Randolph Edwards added to party Jeff Hegwood (AL)(pty:dft), Attorney Richard Randolph Edwards added to party Jeff Hegwood (SC)(pty:dft), Attorney Richard Randolph Edwards added to party IASO Biosciences, LLC(pty:dft), Attorney Richard Randolph Edwards added to party Douglas B Jones(pty:condft), Attorney Richard Randolph Edwards added to party KPM2, LLC(pty:dft), Attorney Richard Randolph Edwards added to party Robert Kaiser(pty:condft), Attorney Richard Randolph Edwards added to party Kaiser Medical, Inc.(pty:condft), Attorney Richard Randolph Edwards added to party Kinnick Medical Limited(pty:condft), Attorney Richard Randolph Edwards added to party Marc Levitt(pty:dft), Attorney Richard Randolph Edwards added to party David Long(pty:dft), Attorney Richard Randolph Edwards added to party Medfocus Solutions, Inc.(pty:dft), Attorney Richard Randolph Edwards added to party Northstate Surgical Devices, LLC(pty:condft), Attorney Richard Randolph Edwards added to party Orthopedics International(pty:dft), Attorney Richard Randolph Edwards added to party PointClear Solutions(pty:dft), Attorney Richard Randolph Edwards added to party Premier Orthopedic Solutions, Inc.(pty:dft), Attorney Richard Randolph Edwards added to party SE Medical, LLC(pty:dft), Attorney Richard Randolph Edwards added to party SGR Medical Solutions(pty:dft), Attorney Richard Randolph Edwards added to party SOS Medical - LITE(pty:dft), Attorney Richard Randolph Edwards added to party Soma Medical, LLC(pty:dft), Attorney Richard Randolph Edwards added to party Jon Trumble(pty:dft), Attorney Richard Randolph Edwards added to party Tyson & Carter, Inc.(pty:dft), Attorney Richard Randolph Edwards added to party Chas Welch(pty:dft), Attorney Richard Randolph Edwards added to party Brett West(pty:dft). Replies due by 2/20/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Edwards, Richard)
February 7, 2020 Filing 55 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (dj)
February 6, 2020 Filing 54 NOTICE of Filing Proposed Summons(es) for Thomas Branch by Team Post OP, Inc. (Edwards, Richard)
February 6, 2020 Filing 53 Summons Issued as to End Range of Motion Improvement, Inc. (jao)
February 6, 2020 Filing 52 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (dj)
February 5, 2020 Filing 51 NOTICE of Filing Proposed Summons(es) for Dr. Thomas Branch by Team Post OP, Inc. re #39 MDL Amended Complaint filed by OneDirect Health Network, Inc., Team Post OP, Inc. (Edwards, Richard)
February 5, 2020 Filing 50 NOTICE of Filing Proposed Summons(es) for End Range of Motion Improvement, Inc. by Team Post OP, Inc. re #39 MDL Amended Complaint filed by OneDirect Health Network, Inc., Team Post OP, Inc. (Edwards, Richard)
February 4, 2020 Opinion or Order Filing 49 PAPERLESS ORDER granting #42 Motion for Clarification. All Defendants must appear, either in person or telephonically, at the settlement conference with full settlement authority. Signed by Judge Roy K. Altman on 2/4/2020. (vve)
January 31, 2020 Filing 48 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tom BenGera. Filing Fee $ 75.00 Receipt # AFLSDC-12381626 by ERMI LLC. Responses due by 2/14/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Richter, Mindi)
January 31, 2020 Opinion or Order Filing 47 Order setting settlement conference. The settlement conference is set for 3/12/2020 at 10:00 a.m. in the Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Magistrate Judge Patrick M. Hunt on 1/31/2020. See attached document for full details. (hhr)
January 30, 2020 Filing 46 First MOTION TO DISMISS #39 MDL Amended Complaint FOR FAILURE TO STATE A CLAIM and to Dismiss or Strike Pursuant to Rules 9(b), 12(b)(4), 12(b)(5), 12(b)(6), and 12(f) and Pursuant to the First-Filed Rule by ERMI LLC. Responses due by 2/13/2020 (Attachments: #1 Exhibit 1. Georgia State Court Complaints)(Richter, Mindi)
January 28, 2020 Filing 45 REPLY to Response to Motion re #42 MOTION for clarification #31 Order Referring Case to Magistrate Judge filed by ERMI LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Richter, Mindi)
January 28, 2020 Filing 44 RESPONSE to Motion re #42 MOTION for clarification #31 Order Referring Case to Magistrate Judge filed by OneDirect Health Network, Inc.. (Zibas, Jura) Modified title text on 1/29/2020 (mc).
January 28, 2020 Filing 43 CLERK'S NOTICE of Receipt of Certificate of Understanding by Attorney Richard Randolph Edwards re: Electronic Filing in The Southern District of Florida. (mc)
January 27, 2020 Filing 42 MOTION for clarification #31 Order Referring Case to Magistrate Judge by ERMI LLC. Responses due by 2/10/2020 (Richter, Mindi)
January 27, 2020 Filing 41 Summons Issued as to Absolute Surgical, Tab Bone, CMS Medical Solutions, Cade Medical, Decker Medical, LLC, Tom Duty, Great American Spine & Biologics, LLC, Jeff Hegwood (AL), Jeff Hegwood (SC), IASO Biosciences, LLC, KPM2, LLC, Marc Levitt, David Long, Medfocus Solutions, Inc., Orthopedics International, PointClear Solutions, Premier Orthopedic Solutions, Inc., SE Medical, LLC, SGR Medical Solutions, SOS Medical - LITE, Soma Medical, LLC, Jon Trumble, Tyson & Carter, Inc., Chas Welch, Brett West. (mc)
January 24, 2020 Filing 40 AMENDED COMPLAINT Omnibus against Mary Patricia Coppedge, Detroit Medical Devices, LLC, Douglas B Jones, Robert Kaiser, Kaiser Medical, Inc., Kinnick Medical Limited, Eduardo Marti, Northstate Surgical Devices, LLC, OneDirect Health Network, Inc., T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc., filed by ERMI LLC ('289) Patent Litigation. (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, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit EXHIBIT LIST)(Richter, Mindi)
January 24, 2020 Filing 39 MDL AMENDED COMPLAINT against ERMI LLC, filed by OneDirect Health Network, Inc., Team Post OP, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Zibas, Jura)
January 24, 2020 Filing 38 AMENDED COMPLAINT Omnibus against Chas Welch, David Long, CMS Medical Solutions, Jeff Hegwood (SC), Jon Tumble, Tab Bone, Absolute Surgical, Brett West, Jeff Hegwood (AL), KPM2, LLC, Marc Levitt, Medfocus Solutions, Inc., Premier Orthopedic Solutions, Inc., Tyson & Carter, Inc., Cade Medical, Great American Spine & Biologics, LLC, SE Medical, LLC, Soma Medical, LLC, SOS Medical - LITE, Tom Duty, Orthopedics International, Decker Medical, LLC, PointClear Solutions, IASO Biosciences, LLC, SGR Medical Solutions, filed by ERMI LLC ('289) Patent Litigation. (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, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit EXHIBIT LIST, #35 Summon(s) Proposed Summonses)(Richter, Mindi)
January 24, 2020 Filing 37 STIPULATION Regarding Consolidation by ERMI LLC (Richter, Mindi)
January 24, 2020 Filing 36 CLERK'S NOTICE of Receipt of Certificate of Understanding by Attorney Christina Davidson Trimmer re: Electronic Filing in The Southern District of Florida. (mc)
January 24, 2020 Filing 35 CLERK'S NOTICE of Receipt of Certificate of Understanding by Attorney Patrick B. Horne re: Electronic Filing in The Southern District of Florida. (mc)
January 24, 2020 Filing 34 CLERK'S NOTICE of Receipt of Certificate of Understanding by Attorney Samuel Alexander Long, Jr. re: Electronic Filing in The Southern District of Florida. (mc)
January 24, 2020 Filing 33 CLERK'S NOTICE of Receipt of Certificate of Understanding by Attorney W. Thad Adams, III re: Electronic Filing in The Southern District of Florida. (mc)
January 17, 2020 Opinion or Order Filing 32 ORDER that on December 18, 2019, the Court issued a written Order (ECF No. #22 ) that granted CM/ECF privileges to W. Thad Adams, III; Samuel Alexander Long, Jr.; Patrick B. Horne; Christina Davidson Trimmer; and Randy Edwards. The above attorneys shall be allowed electronic filing privileges and shall be permitted to file and receive service of documents electronically. The above attorneys shall submit the attached certificate of understanding, with an original signature, to the Court Administrator/Clerk of Court for the Southern District of Florida to be kept by the District Attorney Admissions Deputy Clerk. Signed by Judge Roy K. Altman on 1/15/2020. See attached document for full details. (Attachments: #1 Certificate of Understanding) (mc)
January 13, 2020 Opinion or Order Filing 31 ORDER that this matter is REFERRED to Magistrate Judge Patrick M. Hunt for Settlement Conference re #30 Notice Regarding Settlement Status. Signed by Judge Roy K. Altman on 1/13/2020. See attached document for full details. (mc)
January 10, 2020 Filing 30 NOTICE by ERMI LLC ('289) Patent Litigation regarding Settlement Status (Richter, Mindi)
January 10, 2020 Filing 29 NOTICE of Striking #28 Notice (Other) filed by ERMI LLC ('289) Patent Litigation by ERMI LLC ('289) Patent Litigation (Richter, Mindi)
January 10, 2020 Filing 28 (STRICKEN per DE #29 ) NOTICE by ERMI LLC ('289) Patent Litigation regarding Settlement Status (Richter, Mindi) Modified text on 1/10/2020 (mc).
December 20, 2019 Filing 27 TRANSCRIPT of Status Conference held on 12-17-19 before Judge Roy K. Altman, Volume Number 1 of 1, 1-33 pages, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek or PACER. Redaction Request due 1/10/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/19/2020. (fs)
December 20, 2019 Filing 26 MDL Transfer In Case Receipt from District of New Jersey. Case Number 1:19-cv-20716 with documents 1-12. Assigned FLSD Case Number 0:19-cv-63124-RKA on 12/20/2019. Re: FLSD MDL Case Number 0:19-md-2914-RKA. (mc)
December 18, 2019 Filing 25 MDL Transmittal Letter Requesting Case from the District of New Jersey, Case Number 1:19-20716 ERMI LLC v. Kaiser Medical, Inc. et al, with enclosed copy of the #23 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
December 18, 2019 Filing 23 CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the Southern District of Florida re: MDL 2914 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Roy K. Altman. (Signed by John W. Nichols, Clerk of the Panel). (mc)
December 18, 2019 Opinion or Order Filing 22 ORDER that the Plaintiff, Ermi LLC, shall communicate a settlement demand to the Defendants by December 31, 2019. The Defendants are directed to respond to that demand by January 3, 2020. On January 10, 2020, the parties must file a notice with the Court indicating whether the case has settled. The Court will issue a separate order, laying out additional instructions, if the parties do not settle by January 10, 2020. (Amended Complaint due by 1/24/2020). Signed by Judge Roy K. Altman on 12/17/2019. See attached document for full details. (mc)
December 17, 2019 Filing 24 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 12/17/2019. Total time in court: 45 minutes. Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (tas)
December 16, 2019 Opinion or Order Filing 21 PAPERLESS ORDER granting #18 Motion for Leave to Appear Telephonically. Counsel is directed to call (954) 769-5684 to appear telephonically at the hearing. Please note that counsel must use a landline, not a cellular telephone, and may not use a speakerphone. Signed by Judge Roy K. Altman on 12/16/2019. (vve)
December 13, 2019 Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by ERMI LLC, ERMI LLC ('289) Patent Litigation identifying Other Affiliate ERMI LLC, Other Affiliate Team Post OP, Inc., Other Affiliate Eduardo M. Marti, Other Affiliate T-Rex Rehab, LLC, Other Affiliate T-Rex Investment, Inc., Other Affiliate Kinnick Medical Limited, Other Affiliate Northstate Surgical Devices, LLC, Other Affiliate Mary Patricia Coppedge, Other Affiliate Detroit Medical Devices, LLC, Other Affiliate Thomas P. Branch, Other Affiliate One Direct Health Network, Inc., Other Affiliate Dpuglas B. Jones for ERMI LLC, ERMI LLC, ERMI LLC ('289) Patent Litigation (Bruckmann, Ronald)
December 12, 2019 Filing 19 SCHEDULING REPORT - Rule 26(f) by ERMI LLC ('289) Patent Litigation (Attachments: #1 Exhibit ERMI's proposed scheduling order, #2 Exhibit Defendants' Proposed scheduling order)(Richter, Mindi)
December 9, 2019 Filing 18 MOTION for Leave to Appear Telephonically at Status Conference on 12/17/19 @ 2:00 p.m. . Attorney/Representative: Mindi Richter by ERMI LLC ('289) Patent Litigation. Attorney Mindi Marie Richter added to party ERMI LLC ('289) Patent Litigation(pty:inre). Responses due by 12/23/2019 (Richter, Mindi)
December 2, 2019 Opinion or Order Filing 17 PAPERLESS ORDER granting #16 Motion for Leave to Appear Telephonically. Counsel are directed to call (954) 769-5684 to appear telephonically at the hearing. Please note that counsel must use a landline, not a cellular telephone, and may not use a speakerphone. Signed by Judge Roy K. Altman on 12/2/2019. (vve)
November 27, 2019 Filing 16 MOTION for Leave to Appear Telephonically (Status Conference on December 17, 2019 at 2:00 pm) . Attorney/Representative: R. Randy Edwards by Eduardo Marti, OneDirect Health Network, Inc., T-Rex Investment, Inc., T-Rex Rehab, LLC, Team Post OP, Inc.. Attorney Jura Christine Zibas added to party Eduardo Marti(pty:condft), Attorney Jura Christine Zibas added to party T-Rex Rehab, LLC(pty:condft), Attorney Jura Christine Zibas added to party Team Post OP, Inc.(pty:condft). Responses due by 12/11/2019 (Attachments: #1 Text of Proposed Order)(Zibas, Jura)
November 26, 2019 Opinion or Order Filing 15 PROTECTIVE ORDER Signed by Judge Roy K. Altman on 11/25/2019. See attached document for full details. (pes)
November 19, 2019 Opinion or Order Filing 14 ORDER that the parties are directed to confer and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Reports, no later than December 12, 2019. Status Conference set for 12/17/2019 at 2:00 PM in Fort Lauderdale Division before Judge Roy K. Altman. (Joint Scheduling Report due by 12/12/2019, Motions due by 12/12/2019). Signed by Judge Roy K. Altman on 11/18/2019. See attached document for full details. (mc)
November 8, 2019 Filing 13 Joint MOTION for Protective Order by ERMI LLC. (Attachments: #1 Exhibit 1 (Protective Order))(Richter, Mindi)
October 17, 2019 Filing 12 NOTICE of Attorney Appearance by Jura Christine Zibas on behalf of OneDirect Health Network, Inc., T-Rex Investment, Inc.. Attorney Jura Christine Zibas added to party OneDirect Health Network, Inc.(pty:condft), Attorney Jura Christine Zibas added to party T-Rex Investment, Inc.(pty:condft). (Zibas, Jura)
October 7, 2019 Filing 11 MDL Transfer In Case Receipt from District of Eastern District of Michigan. Case Number 2:19-10966 with documents 1-20. Assigned FLSD Case Number 0:19-cv-62493-RKA on 10/7/2019. Re: FLSD MDL Case Number 0:19-md-02914-RKA. (pes)
October 7, 2019 Filing 10 MDL Transfer In Case Receipt from Eastern District of North Carolina. Case Number 5:19-00124 with documents 1-17. Assigned FLSD Case Number 0:19-cv-62473-RKA on 10/4/2019. Re: FLSD MDL Case Number 0:19-md-2914-RKA. (mc)
October 4, 2019 Filing 9 MDL Transfer In Case Receipt from District of Northern District of Illinois. Case Number 1:19-cv-02217 with documents 1-35. Assigned FLSD Case Number 0:19-cv-62472-RKA on 10/4/2019. Re: FLSD MDL Case Number 0:19-md-2914-RKA. (mc)
October 4, 2019 Filing 8 MDL Transfer In Case Receipt from Northern District of Georgia. Case Number 1:19-cv-01527 with documents 1-34. Assigned FLSD Case Number 0:19-cv-62466-RKA on 10/4/2019. Re: FLSD MDL Case Number 0:19-md-2914-RKA. (mc)
October 3, 2019 Filing 7 MDL Transmittal Letter Requesting Case from the Eastern District of North Carolina, Case Number 5:19-00124 Ermi LLC v. Northstate Surgical Devices, LLC, et al, with enclosed copy of the #1 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
October 3, 2019 Filing 6 MDL Transmittal Letter Requesting Case from the Eastern District of Michigan, Case Number 2:19-10966 Ermi LLC v. Detroit Medical Devices, LLC, et al, with enclosed copy of the #1 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
October 3, 2019 Filing 5 MDL Transmittal Letter Requesting Case from the Northern District of Illinois, Case Number 1:19-02217 Ermi LLC v. Graymont Equipment Distribution, LLC, et al, with enclosed copy of the #1 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
October 3, 2019 Filing 4 MDL Transmittal Letter Requesting Case from the Northern District of Georgia, Case Number 1:19-01527 Onedirect Health Network, Inc. v. Ermi LLC, with enclosed copy of the #1 order of transfer from the Judicial Panel on Multidistrict Litigation. (mc)
October 2, 2019 Filing 3 MDL Tag-Along Case Receipt from Southern District of Florida. Case Number 0:19-cv-60851-RKA with documents 1-40. Re: FLSD MDL Case Number 0:19-md-02914-RKA. (pes)
October 2, 2019 Filing 2 Rules of Procedure of the Judicial Panel on Multidistrict Litigation (pes)
October 2, 2019 Filing 1 TRANSFER ORDER (TO-Dated 10/2/2019) transferring case to the Southern District of Florida re: MDL 0:19-02914-Altman for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Roy K. Altman. (Signed by Sarah S. Vance, Chair). (pes)

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Search for this case: IN RE: ERMI LLC ('289) Patent Litigation
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Consolidated defendant: Team Post OP, Inc.
Represented By: Kristen Lake Cardoso
Represented By: Steven W. Ritcheson
Represented By: R. Randy Edwards
Represented By: Jacqueline K. Burt
Represented By: Brian Roger Kopelowitz
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: T-Rex Rehab, LLC
Represented By: Kristen Lake Cardoso
Represented By: Steven W. Ritcheson
Represented By: R. Randy Edwards
Represented By: Jacqueline K. Burt
Represented By: Brian Roger Kopelowitz
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
Represented By: L. Martin Reeder, Jr.
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Consolidated defendant: T-Rex Investment, Inc.
Represented By: Kristen Lake Cardoso
Represented By: Steven W. Ritcheson
Represented By: R. Randy Edwards
Represented By: Jacqueline K. Burt
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Marty B. Ready
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Eduardo Marti
Represented By: Kristen Lake Cardoso
Represented By: Steven W. Ritcheson
Represented By: R. Randy Edwards
Represented By: Jacqueline K. Burt
Represented By: Brian Roger Kopelowitz
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: OneDirect Health Network, Inc.
Represented By: Steven W. Ritcheson
Represented By: R. Randy Edwards
Represented By: Jacqueline K. Burt
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Kristen Lake Cardoso
Represented By: Marty B. Ready
Represented By: Scott W. Atherton
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Consolidated defendant: Northstate Surgical Devices, LLC
Represented By: Susan H. Hargrove
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Kinnick Medical Limited
Represented By: Steven W. Ritcheson
Represented By: Mircea A. Tipescu
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Douglas B Jones
Represented By: John S. Artz
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Mary Patricia Coppedge
Represented By: Susan H. Hargrove
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Detroit Medical Devices, LLC
Represented By: John S. Artz
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Kaiser Medical, Inc.
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Robert Kaiser
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Consolidated defendant: Jeffrey Smith
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Christian Claude Dorismond
Represented By: S. Jonathan Vine
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Consolidated defendant: Thomas H. Greene
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Christian Claude Dorismond
Represented By: S. Jonathan Vine
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Consolidated plaintiff: ERMI LLC
Represented By: W. Thad Adams, III
Represented By: Christina Davidson Trimmer
Represented By: Patrick B. Horne
Represented By: Ronald David Paul Bruckmann
Represented By: Mindi Marie Richter
Represented By: Samuel Alexander Long, Jr.
Represented By: Steven E. Feldman
Represented By: Sherry L. Rollo
Represented By: Gregory H. Wagoner
Represented By: Tom Bengera
Represented By: Michael S. Taaffe
Represented By: Lucas D. Garber
Represented By: Alaina Brooke Karsten
Represented By: Megan M. Stacy
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In re: ERMI LLC ('289) Patent Litigation
Represented By: Ronald David Paul Bruckmann
Represented By: Mindi Marie Richter
Represented By: Tom Bengera
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Defendant: Orthopedics International
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Great American Spine & Biologics, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Tyson & Carter, Inc.
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Jeff Hegwood (AL)
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: CMS Medical Solutions
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: PointClear Solutions
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Chas Welch
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Medfocus Solutions, Inc.
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Cade Medical
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Tab Bone
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Brett West
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Premier Orthopedic Solutions, Inc.
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: IASO Biosciences, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: SOS Medical - LITE
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Thomas P. Branch
Represented By: Samuel Alexander Long, Jr.
Represented By: Jura Christine Zibas
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Defendant: Jeff Hegwood (SC)
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Absolute Surgical
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: KPM2, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: End Range of Motion Improvement, Inc.
Represented By: Jura Christine Zibas
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Defendant: Soma Medical, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: SGR Medical Solutions
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: SE Medical, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Marc Levitt
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
Represented By: Alaina Brooke Karsten
Represented By: Scott W. Atherton
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Defendant: Decker Medical, LLC
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Jon Trumble
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: Tom Duty
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Defendant: David Long
Represented By: Jura Christine Zibas
Represented By: Richard Randolph Edwards
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Special master: Benjamin Widlanski
Represented By: Benjamin Jacobs Widlanski
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