Summers v. Synthes (U.S.A.) Ltd.
Plaintiff: Sean Summers
Defendant: Synthes (U.S.A.) Ltd.
Counter Defendant: Crosslink Orthopaedics, LLC, Chris Beirne and Paul Petosa
Case Number: 1:2008cv02761
Filed: September 2, 2008
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Fulton
Presiding Judge: Beverly B Martin
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 5, 2008. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2008 Clerk's Entry of Dismissal APPROVING the #37 Stipulation of Dismissal with Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(ii). (aaq)
November 5, 2008 Civil Case Terminated. (aaq)
November 5, 2008 Filing 37 STIPULATION of Dismissal with Prejudice by Synthes (U.S.A.) Ltd., Sean Summers, Crosslink Orthopaedics, LLC, Chris Beirne, Paul Petosa. (Harris, Brian)
November 4, 2008 Opinion or Order Filing 36 ORDER granting the #35 Motion for Extension of Time for Defendant to Respond to Counterclaim-Defendants Motion for Partial Dismissal of Counterclaims and Plaintiffs to File Replies in Support of Motions for Summary Judgment and denying as moot the #34 Motion for Extension of Time to Respond to Counterclaim-Defendants Motion for Partial Dismissal of Counterclaims as filed October 30, 2008. Signed by Judge Beverly B. Martin on 11/04/08. (aaq)
November 3, 2008 Filing 35 Consent MOTION for Extension of Time Respond to Counterclaim-Defendants' Motion for Partial Dismissal of Counterclaims and Plaintiffs to File Replies in Support of Motions for Summary Judgment re: #15 MOTION for Summary Judgment, #26 MOTION to Dismiss Counterclaims by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
October 30, 2008 Filing 34 Consent MOTION for Extension of Time Respond to Counterclaim-Defendants' Motion for Partial Dismissal of Counterclaims re: #26 MOTION to Dismiss Counterclaims by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
October 28, 2008 Submission of the #26 MOTION to Dismiss Counterclaims to District Judge Beverly B. Martin. (aaq)
October 20, 2008 Filing 33 RESPONSE re #15 MOTION for Summary Judgment, #16 MOTION to Expedite Hearing on Motion for Summary Judgment (refiled to add 5.1 Certificate) filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew)
October 20, 2008 Filing 32 Statement of Material Facts re #15 MOTION for Summary Judgment (Counter-Statement)(re-filed to attach missing Exhibit A) filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew)
October 20, 2008 Notification of Docket Correction RE: REPLY BRIEF edited to reflect #31 RESPONSE to Motion. (aaq)
October 20, 2008 Submission of the #15 MOTION for Summary Judgment, #20 Consent MOTION Amend Complaints, Add Parties, And Set Deadlines and #19 Joint MOTION to Consolidate Cases to District Judge Beverly B. Martin. (aaq)
October 17, 2008 Filing 31 RESPONSE to the #15 MOTION for Summary Judgment, #16 MOTION to Expedite Hearing on Motion for Summary Judgment filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew) Modified on 10/20/2008 to edit event text. (aaq).
October 17, 2008 Filing 30 Statement of Material Facts re #15 MOTION for Summary Judgment (Counter-Statement) filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Gomes, Matthew)
October 17, 2008 Filing 29 Response to Statement of Material Facts re #15 MOTION for Summary Judgment filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Gomes, Matthew)
October 15, 2008 Submission of the #16 MOTION to Expedite Hearing on Motion for Summary Judgment to District Judge Beverly B. Martin. (aaq)
October 14, 2008 Filing 28 Withdrawal of Motion #5 MOTION to Expedite discovery MOTION for Discovery filed by Synthes (U.S.A.) Ltd., #4 MOTION for Preliminary Injunction filed by Synthes (U.S.A.) Ltd. filed by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
October 10, 2008 Filing 27 Corporate Disclosure Statement by Crosslink Orthopaedics, LLC by Crosslink Orthopaedics, LLC.(Harris, Brian)
October 10, 2008 Filing 26 MOTION to Dismiss Counterclaims with Brief In Support by Sean Summers, Crosslink Orthopaedics, LLC, Chris Beirne, Paul Petosa. (Attachments: #1 Brief)(Harris, Brian)
October 10, 2008 Filing 25 ANSWER to #2 Counterclaim by Sean Summers, Crosslink Orthopaedics, LLC, Chris Beirne, Paul Petosa.(Harris, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 10, 2008 Filing 24 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Sean Summers, Synthes (U.S.A.) Ltd.. (Harris, Brian)
October 10, 2008 Filing 23 STIPULATION re #16 MOTION to Expedite Hearing on Motion for Summary Judgment of Extension of Time to Respond by Synthes (U.S.A.) Ltd., Sean Summers, Crosslink Orthopaedics, LLC, Chris Beirne, Paul Petosa. (Johnson, Michelle)
October 9, 2008 Filing 22 Initial Disclosures by Sean Summers.(D'Cruz, Robert)
October 9, 2008 Filing 21 Initial Disclosures by Synthes (U.S.A.) Ltd..(Johnson, Michelle)
October 3, 2008 Filing 20 Consent MOTION Amend Complaints, Add Parties, And Set Deadlines by Sean Summers, Synthes (U.S.A.) Ltd.. (Harris, Brian)
October 2, 2008 Filing 19 Joint MOTION to Consolidate Cases with Brief In Support by Synthes (U.S.A.) Ltd., Sean Summers, Sean Summers, Synthes (U.S.A.) Ltd., Crosslink Orthopaedics, LLC, Chris Beirne, Paul Petosa. (Attachments: #1 Brief Memorandum of Law in Support, #2 Text of Proposed Order Order Granting Consolidation of Related Matters)(Johnson, Michelle)
September 26, 2008 Filing 18 STIPULATION of Extension of time to respond to the #5 MOTION to Expedite discovery MOTION for Discovery filed by Sean Summers, Chris Beirne, Paul Petosa. (Harris, Brian) Modified on 10/14/2008 to edit text. (aaq).
September 26, 2008 Filing 17 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction filed by Sean Summers, Chris Beirne, Paul Petosa. (Harris, Brian)
September 26, 2008 Submission of the #4 MOTION for Preliminary Injunction and #5 MOTION to Expedite discovery MOTION for Discovery to District Judge Beverly B. Martin. (aaq)
September 24, 2008 Set Deadline: Synthes (U.S.A.) Ltd. answer due 9/23/2008. (aaq)
September 24, 2008 Filing 16 MOTION to Expedite Hearing on Motion for Summary Judgment with Brief In Support by Sean Summers. (Harris, Brian)
September 24, 2008 Filing 15 MOTION for Summary Judgment with Brief In Support by Sean Summers. (Attachments: #1 Statement of Material Facts, #2 Brief, #3 Exhibit A to Brief In Support, #4 Exhibit B to Brief In Support, #5 Exhibit C to Brief In Support, #6 Exhibit D to Brief In Support, #7 Exhibit E to Brief In Support)(Harris, Brian) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
September 24, 2008 Filing 14 RETURN OF SERVICE EXECUTED (served 09/03/08), as to Synthes (USA) Ltd c/o Synthes North America, Inc., RL&F Service Corp. (D'Cruz, Robert) Modified on 9/25/2008 to edit event text. (aaq).
September 24, 2008 Filing 13 RETURN OF SERVICE EXECUTED (served 09/03/08), as to Synthes (USA) Ltd. c/o Synthes, Inc. (D'Cruz, Robert) Modified on 9/25/2008 to edit event text. (aaq).
September 19, 2008 Filing 12 Summons Issued as to Crosslink Orthopaedics, LLC. (aaq)
September 12, 2008 Notification of Docket Correction re #5 MOTION to Expedite discovery edited to reflect one (1) part motion. (aaq)
September 11, 2008 Filing 11 RESUBMISSION OF APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice #8 APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812946) by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
September 11, 2008 Filing 10 RESUBMISSION OF APPLICATION for Admission of Scott F. Cooper Pro Hac Vice #9 APPLICATION for Admission of Scott F. Cooper Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812975) by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
September 11, 2008 RETURN of #8 APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812946) to attorney for local counsels signature. (cdg)
September 11, 2008 RETURN of #9 APPLICATION for Admission of Scott F. Cooper Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812975) to attorney for local counsels signature. (cdg)
September 11, 2008 APPROVAL by Clerks Office re: #11 RESUBMISSION OF APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice #8 APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812946) Attorney Donald D. Gamburg added appearing on behalf of Synthes (U.S.A.) Ltd. (cdg)
September 11, 2008 Opinion or Order ORDER (BY DOCKET ENTRY ONLY) approving #10 Application for Admission Pro Hac Vice by Scott F. Cooper. Entered by Judge Beverly B. Martin on 9/11/2008. (pdw)
September 11, 2008 Opinion or Order ORDER (BY DOCKET ENTRY ONLY) approving #11 Application for Admission Pro Hac Vice by Donald D. Gamburg. Entered by Judge Beverly B. Martin on 9/11/2008. (pdw)
September 11, 2008 APPROVAL by Clerks Office re: #10 RESUBMISSION OF APPLICATION for Admission of Scott F. Cooper Pro Hac Vice #9 APPLICATION for Admission of Scott F. Cooper Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812975). Attorney Scott F. Cooper added appearing on behalf of Synthes (U.S.A.) Ltd. (cdg)
September 10, 2008 Filing 9 APPLICATION for Admission of Scott F. Cooper Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812975)by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
September 10, 2008 Filing 8 APPLICATION for Admission of Donald D. Gamburg Pro Hac Vice (Application fee $ 150, receipt number 113E0000000001812946)by Synthes (U.S.A.) Ltd., Synthes (U.S.A.) Ltd.. (Johnson, Michelle)
September 9, 2008 Filing 7 NOTICE OF CANCELLATION of Hearing: the EVIDENTIARY HEARING previously set for WEDNESDAY, SEPTEMBER 10TH, 2008 AT 2:30 P.M., in Courtroom 2308, 23rd Floor, United States Courthouse, 75 Spring Street, S.W., Atlanta, Georgia, regarding Defendant's Motion for Preliminary Injunction #4 and Defendants Motion for Expedited Discovery #5 is hereby CANCELLED. The court will issue a written Order after the motions have been fully briefed. (pdw)
September 9, 2008 Filing 6 NOTICE of Hearing on Motion: Evidentiary hearing on defendant's #4 Motion for Preliminary Injunction and #5 Motion for Expedited Discovery set for 9/10/2008 at 02:30 PM in Courtroom 2308 before Judge Beverly B. Martin. (pdw)
September 9, 2008 Filing 5 MOTION to Expedite discovery with Brief In Support by Synthes (U.S.A.) Ltd.. (Attachments: #1 Brief Memo of Law in Support, #2 Text of Proposed Order Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Johnson, Michelle) Modified on 9/12/2008 to edit event and text. (aaq).
September 9, 2008 Filing 4 MOTION for Preliminary Injunction with Brief In Support by Synthes (U.S.A.) Ltd.. (Attachments: #1 Brief Memo of Law in Support, #2 Text of Proposed Order Proposed Order)(Johnson, Michelle)
September 9, 2008 Filing 3 Corporate Disclosure Statement by Synthes (U.S.A.) Ltd. identifying Corporate Parent Synthes, Inc. for Synthes (U.S.A.) Ltd. by Synthes (U.S.A.) Ltd..(Johnson, Michelle)
September 9, 2008 Filing 2 Defendant's ANSWER to #1 COMPLAINT ( Discovery ends on 2/6/2009.), COUNTERCLAIM against Sean Summers by Synthes (U.S.A.) Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Michelle) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 2, 2008 Filing 1 COMPLAINT filed by Sean Summers; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 4047.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2 Part 1, #5 Exhibit B-2 Part 2, #6 Exhibit B-2 Part 3, #7 Exhibit B-3, #8 Exhibit B-4, #9 Exhibit B-5, #10 Exhibit B-6, #11 Civil Cover Sheet, #12 Summons)(epm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified text on 9/4/2008 (epm).

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Plaintiff: Sean Summers
Represented By: Brian Michael Harris
Represented By: Robert Jason D'Cruz
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Defendant: Synthes (U.S.A.) Ltd.
Represented By: Donald D. Gamburg
Represented By: Scott F. Cooper
Represented By: Michelle W. Johnson
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Counter defendant: Crosslink Orthopaedics, LLC
Represented By: Brian Michael Harris
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Counter defendant: Chris Beirne
Represented By: Brian Michael Harris
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Counter defendant: Paul Petosa
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