In Re: Orthogen International GmbH
Defendant: Edward Capla and Yolanda Capla
In Re: Orthogen International GmbH
Case Number: 9:2023mc80743
Filed: May 4, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1782 Letter rogatory - appointment
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2023 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Respondents' Unopposed Motion for Extension of Time. Respondents' seek a 21-day extension of time from June 15, 2023, to July 6, 2023, to object or move to quash the subpoenas. In support, Respondents' counsel represents that he was only able to communicate with his clients on June 14 due to their unavailability. Moreover, Respondents have been in contact with lawyers in Germany to advise on the underlying dispute and thus require the additional time. I find good cause. Accordingly, Respondents' deadline to oppose the subpoenas is extended to July 6, 2023. Respondents are advised that future motions for extension of time are unlikely to be granted absent exceptional circumstances. Signed by Judge Donald M. Middlebrooks on 6/16/2023. (orz)
June 15, 2023 Filing 18 MOTION for Extension of Time to object to subpoenas or to move to quash or modify subpoenas by Edward Capla, Yolanda Capla. Responses due by 6/29/2023 (Lumer, Joel)
June 9, 2023 Opinion or Order Filing 17 PAPERLESS ORDER granting #16 Respondent's Unopposed Motion for Extension of Time. Respondents seek a 7-day extension of time to either object or seek to quash or modify the subpoenas served on them. In support, Respondents' counsel represents that he was "very recently retained" and that his clients are currently outside of the State. I find good cause. Accordingly, Respondents' objection deadline is extended to June 15, 2023. Signed by Judge Donald M. Middlebrooks on 6/9/2023. (orz)
June 8, 2023 Filing 16 MOTION for Extension of Time to object to subpoenas or to move to quash or modify subpoenas by Edward Capla, Yolanda Capla. Responses due by 6/22/2023 (Lumer, Joel)
June 5, 2023 Filing 15 NOTICE of Attorney Appearance by Joel Victor Lumer on behalf of Edward Capla, Yolanda Capla. Attorney Joel Victor Lumer added to party Edward Capla(pty:dft), Attorney Joel Victor Lumer added to party Yolanda Capla(pty:dft). (Lumer, Joel)
May 30, 2023 Opinion or Order Filing 14 PAPERLESS ORDER granting (DE #12 ; DE #13 ) Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Joseph Stern and Christopher Harwood. Signed by Judge Donald M. Middlebrooks on 5/30/2023. (orz)
May 25, 2023 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher B. Harwood. Filing Fee $ 200.00 Receipt # AFLSDC-16644951 by Orthogen International GmbH. Responses due by 6/8/2023 (Attachments: #1 Certification Certification of Christopher Harwood, #2 Text of Proposed Order Order)(Drescher, Ilana)
May 25, 2023 Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Stern. Filing Fee $ 200.00 Receipt # AFLSDC-16644835 by Orthogen International GmbH. Responses due by 6/8/2023 (Attachments: #1 Certification Certification of Joseph Stern, #2 Text of Proposed Order Order)(Drescher, Ilana)
May 12, 2023 Opinion or Order Filing 11 ORDER GRANTING EX PARTE APPLICATION FOR JUDICIAL ASSISTANCE PURSUANT TO 28 U.S.C. 1782. Petitioner's Application (DE 1) is GRANTED.The Clerk of Court Shall administratively CLOSE this case. Signed by Judge Donald M. Middlebrooks on 5/12/2023. See attached document for full details. (nan)
May 12, 2023 Filing 10 NOTICE by Orthogen International GmbH of Filing Letter to Judge Donald M. Middlebrooks (Attachments: #1 Exhibit Exhibit A) (Drescher, Ilana)
May 12, 2023 Filing 9 NOTICE of Striking #7 Notice (Other) filed by Orthogen International GmbH by Orthogen International GmbH (Drescher, Ilana)
May 11, 2023 Filing 8 Clerk's Notice to Filer re #7 Notice (Other). Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (ls)
May 10, 2023 Filing 7 "STRICKEN" NOTICE by Orthogen International GmbH Letter regarding 1782 Petition (Attachments: #1 Exhibit A) (Drescher, Ilana) Modified on 5/15/2023 (ls). (per DE #9 )
May 5, 2023 Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by Orthogen International GmbH identifying Corporate Parent Orthogen AG for Orthogen International GmbH (Drescher, Ilana)
May 5, 2023 Filing 5 AFFIDAVIT in Support re #3 Memorandum, (Christopher B. Harwood) by Orthogen International GmbH. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Drescher, Ilana)
May 5, 2023 Filing 4 AFFIDAVIT in Support re #3 Memorandum, (Dr. Stefan Kruger) by Orthogen International GmbH. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Drescher, Ilana)
May 5, 2023 Filing 3 MEMORANDUM of Law in Support of Ex Parte Application for an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding by Orthogen International GmbH. (Attachments: #1 Exhibit Exhibit A - Proposed Order, #2 Exhibit Exhibit B - Proposed Subpoenas)(Drescher, Ilana)
May 4, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. (kpe)
May 4, 2023 Filing 1 EX PARTE APPLICATION For an Order Pursuant to 28 U.S.C. 1782 to Conduct Discovery for Use in a Foreign Proceeding. Filing fee $ 49.00 receipt number AFLSDC-16594247, filed by Orthogen International GmbH. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Drescher, Ilana) Modified text on 5/5/2023 (kpe).

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In re: Orthogen International GmbH
Represented By: Christopher B. Harwood
Represented By: Joseph Stern
Represented By: Ilana Arnowitz Drescher
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Defendant: Edward Capla
Represented By: Joel Victor Lumer
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Defendant: Yolanda Capla
Represented By: Joel Victor Lumer
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