Beirne v. Synthes (U.S.A) et al
Plaintiff: Chris Beirne
Defendant: Synthes (U.S.A), Synthes Spine Company, L.P. and Norian Corporation
Counter Defendant: Crosslink Orthopaedics, LLC, Sean Summers and Paul Petosa
Case Number: 1:2008cv02762
Filed: September 2, 2008
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: Cobb
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 Civil Case Terminated. (aaq)
November 5, 2008 Clerk's Entry of Dismissal APPROVING the #33 Stipulation of Dismissal with Prejudice pursuant to Fed.R.Civ.P.41(a)(1)(ii) (aaq)
November 5, 2008 Filing 33 STIPULATION of Dismissal with Prejudice by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa. (Harris, Brian)
November 4, 2008 Opinion or Order Filing 32 ORDER granting the #30 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 #31 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 31 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: #21 MOTION to Dismiss Counterclaims, #10 MOTION for Summary Judgment by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Johnson, Michelle)
October 30, 2008 Filing 30 Consent MOTION for Extension of Time to Respond to Counterclaim-Defendants' Motion for Dismissal of Partial Counterclaims re: #21 MOTION to Dismiss Counterclaims by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Johnson, Michelle)
October 28, 2008 Submission of the #21 MOTION to Dismiss Counterclaims to District Judge Beverly B. Martin. (aaq)
October 20, 2008 Filing 29 RESPONSE re #11 MOTION to Expedite Hearing on Motion for Summary Judgment, #10 MOTION for Summary Judgment (refiled to attach Exhibit A) filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew)
October 20, 2008 Filing 28 RESPONSE re #11 MOTION to Expedite Hearing on Motion for Summary Judgment, #10 MOTION for Summary Judgment filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Gomes, Matthew)
October 20, 2008 Filing 27 Statement of Material Facts re #10 MOTION for Summary Judgment (Counter-Statement)(re-filed to attach missing Exhibit A) filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew)
October 20, 2008 Submission of the #15 Consent MOTION To Amend Complaints, Add Parties, And Set Deadlines, #14 Joint MOTION to Consolidate Cases and #10 MOTION for Summary Judgment to District Judge Beverly B. Martin. (aaq)
October 17, 2008 Filing 26 RESPONSE re #11 MOTION to Expedite Hearing on Motion for Summary Judgment, #10 MOTION for Summary Judgment filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 Affidavit Affidavit of Craig Shaw)(Gomes, Matthew)
October 17, 2008 Filing 25 Statement of Material Facts re #10 MOTION for Summary Judgment (Counter-Statement) filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Gomes, Matthew)
October 17, 2008 Filing 24 Response to Statement of Material Facts re #10 MOTION for Summary Judgment filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Gomes, Matthew)
October 15, 2008 Submission of the #11 MOTION to Expedite Hearing on Motion for Summary Judgment to District Judge Beverly B. Martin. (aaq)
October 14, 2008 Filing 23 Withdrawal of Motion #5 MOTION to Expedite Discovery filed by Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., #4 MOTION for Preliminary Injunction Against Plaintiff and Counterclaim Defendants filed by Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P. filed by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Johnson, Michelle)
October 10, 2008 Filing 22 Corporate Disclosure Statement by Crosslink Orthopaedics, LLC by Crosslink Orthopaedics, LLC.(Harris, Brian)
October 10, 2008 Filing 21 MOTION to Dismiss Counterclaims with Brief In Support by Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa. (Attachments: #1 Brief)(Harris, Brian)
October 10, 2008 Filing 20 ANSWER to #2 Counterclaim by Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa.(Harris, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
October 10, 2008 Filing 19 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Chris Beirne, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Harris, Brian)
October 10, 2008 Filing 18 STIPULATION re #11 MOTION to Expedite Hearing on Motion for Summary Judgment od Extension of Time to Respond by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa. (Johnson, Michelle)
October 9, 2008 Filing 17 Initial Disclosures by Chris Beirne.(D'Cruz, Robert)
October 9, 2008 Filing 16 Initial Disclosures by Synthes (U.S.A).(Johnson, Michelle)
October 3, 2008 Filing 15 Consent MOTION To Amend Complaints, Add Parties, And Set Deadlines by Chris Beirne, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Harris, Brian)
October 2, 2008 Filing 14 Joint MOTION to Consolidate Cases with Brief In Support by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Chris Beirne, Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (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 13 RESPONSE in Opposition re #5 MOTION to Expedite Discovery filed by Chris Beirne, Sean Summers, Paul Petosa. (Harris, Brian)
September 26, 2008 Filing 12 RESPONSE in Opposition re #4 MOTION for Preliminary Injunction Against Plaintiff and Counterclaim Defendants filed by Chris Beirne, Sean Summers, Paul Petosa. (Harris, Brian)
September 26, 2008 Submission of the #4 MOTION for Preliminary Injunction Against Plaintiff and Counterclaim Defendants and #5 MOTION to Expedite Discovery to District Judge Beverly B. Martin. (aaq)
September 24, 2008 Set Deadlines: Synthes (U.S.A) and Synthes Spine Company, L.P. answers due 9/23/2008. (aaq)
September 24, 2008 Filing 11 MOTION to Expedite Hearing on Motion for Summary Judgment with Brief In Support by Chris Beirne. (Harris, Brian)
September 24, 2008 Filing 10 MOTION for Summary Judgment with Brief In Support by Chris Beirne. (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 9 RETURN OF SERVICE EXECUTED (served 09/03/08), as to Synthes (USA) 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 8 RETURN OF SERVICE EXECUTED (served 09/03/08), as to Synthes (USA) c/o Synthes, Inc., RL&F Service Corp.. (D'Cruz, Robert) Modified on 9/25/2008 to edit event text. (aaq).
September 24, 2008 Filing 7 RETURN OF SERVICE EXECUTED (served 09/03/08), as to Synthes Spine Company, LP c/o RL&F Service Corp.. (D'Cruz, Robert) Modified on 9/25/2008 to edit event text. (aaq).
September 12, 2008 Filing 6 AFFIDAVIT of Service for Proof of Service 09/05/08, as to Norian Corporation. (D'Cruz, Robert)
September 9, 2008 Filing 5 MOTION to Expedite Discovery with Brief In Support by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 First Set of Requests for Production of Documents to Counterclaim-Defendant Chris Beirne, #2 First SEt of Requests for Production of Documents to Counterclaim-Defendant Paul Petosa, #3 First Set of Requests for Production of Documents to Counterclaim-Defendant Sean Summers, #4 First Set of Requests for Production of Documents to Counterclaim-Defendant CrossLink Orthopaedics, LLC, #5 Notice of Deposition of Chris Beirne, #6 Notice of Deposition to Paul Petosa, #7 Notice of Deposition of Sean Summers, #8 Notice of 30(B)(6) Deposition of CrossLink Orthopaedics, LLC, #9 Memorandum of Law in Support of Motion for Expedited Discovery, #10 Order Granting Expedited Discovery)(Johnson, Michelle)
September 9, 2008 Filing 4 MOTION for Preliminary Injunction Against Plaintiff and Counterclaim Defendants with Brief In Support by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation, Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 Memorandum in Support of Motion for Preliminary Injunction, #2 Preliminary Injunction Order)(Johnson, Michelle)
September 9, 2008 Filing 3 Corporate Disclosure Statement by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation identifying Corporate Parent Synthes, Inc. for Synthes (U.S.A), Synthes Spine Company, L.P.; Corporate Parent SYTH, Inc. for Norian Corporation by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation.(Johnson, Michelle)
September 9, 2008 Filing 2 ANSWER to #1 COMPLAINT (Discovery ends on 2/6/2009), COUNTERCLAIM against Chris Beirne, Crosslink Orthopaedics, LLC, Sean Summers, Paul Petosa by Synthes (U.S.A), Synthes Spine Company, L.P., Norian Corporation. (Attachments: #1 Confidentiality Non-Solicitation and Non-Competition Agreement, #2 Regional Map)(Johnson, Michelle) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 9/15/2008 to correct use of all capitals and double wording in docket text (sjk).
September 2, 2008 Filing 1 COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 4049.), filed by Chris Beirne. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B1, #4 Exhibit B2, #5 Exhibit B3, #6 Exhibit B4, #7 Exhibit B5, #8 Exhibit B6, #9 Exhibit B7, #10 Exhibit B8, #11 Exhibit B9, #12 Exhibit B10, #13 Summons, #14 Civil Cover Sheet)(gxr) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

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Plaintiff: Chris Beirne
Represented By: Brian Michael Harris
Represented By: Robert Jason D'Cruz
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Defendant: Synthes (U.S.A)
Represented By: Michelle W. Johnson
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Defendant: Synthes Spine Company, L.P.
Represented By: Michelle W. Johnson
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Defendant: Norian Corporation
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: Sean Summers
Represented By: Brian Michael Harris
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Counter defendant: Paul Petosa
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