Nape v. SeaSpine Sales LLC et al
Plaintiff: Toni Nape
Defendant: SeaSpine Orthopedics Corporation, SeaSpine Sales LLC and SeaSpine Holdings Company
Case Number: 1:2019cv04748
Filed: July 15, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Z Lee
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2021 Filing 45 MINUTE entry before the Honorable John Z. Lee:Pursuant to the parties' notice of settlement 43, the parties have settled all claims in this lawsuit and are in the process of finalizing the necessary documents to obtain a final dismissal with prejudice. The Court hereby dismisses this case without prejudice with leave to reinstate on or before March 1, 2021, after which the dismissal will become with prejudice with each side to bear its own costs and fees. Civil case terminated.Mailed notice (ca, )
January 13, 2021 Filing 44 ENTERED IN ERROR. Modified on 1/13/2021 (ca, ).
January 12, 2021 Filing 43 NOTICE OF SETTLEMENT by SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
November 12, 2020 Filing 42 MINUTE entry before the Honorable John Z. Lee:The Court has reviewed the status report. The Court's prior order stated that no additional extensions of fact discovery would be granted. Accordingly, Plaintiff's request for 30 additional days is denied. The fact discovery deadline of 2/3/21 will stand. The Court orders the parties to file a joint written status report by 1/12/21. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e,g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Mailed notice (ca, )
November 10, 2020 Filing 41 STATUS Report by Toni Nape (Fishman, Kenneth)
August 10, 2020 Filing 40 MINUTE entry before the Honorable John Z. Lee: Minute order #39 is corrected: The Court enters the following deadlines. Fact discovery, including all discovery of treating physicians, must conclude by 2/3/21. This is the final extension of fact discovery. Defendants are to provide a written response to Plaintiff's settlement demand by 9/1/20. The Court orders the parties to file a joint written status report by 11/10/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e.g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions.Mailed notice (ca, ) Modified on 8/11/2020 (ca, ).
August 10, 2020 Filing 39 MINUTE entry before the Honorable John Z. Lee: The Court enters the following deadlines. Fact discovery, including all discovery of treating physicians, must conclude by 2/3/20. This is the final extension of fact discovery. Defendants are to provide a written response to Plaintiff's settlement demand by 9/1/20. The Court orders the parties to file a joint written status report by 11/10/20. The report, which shall be as concise as possible, shall set forth: (1) the current deadlines imposed by the Court and whether the matter has been referred to the Magistrate Judge in any fashion (e.g., for discovery supervision; for resolution of a motion; for settlement; etc.); (2) the progress of discovery, if discovery is ongoing; (3) the status of briefing on unresolved motions, if any; (4) whether the parties have engaged or are engaging in settlement discussions and the status of those discussions; (5) for cases without any future court dates, an agreed proposed schedule; (6) for cases that have future court dates and if the parties believe there is good cause to extend the current deadlines, a proposed amended schedule and the basis for the request; (7) a request for any agreed action that the Court can take without a hearing; (8) and whether the parties believe a telephonic hearing or in-person hearing is necessary within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties' respective positions. Mailed notice (ca, )
August 6, 2020 Filing 38 STATUS Report by Toni Nape (Fishman, Kenneth)
July 10, 2020 Opinion or Order Filing 37 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket)
June 18, 2020 Filing 36 CERTIFICATE of Service SeaSpine Sales, LLC, SeaSpine Orthopedics Corporation and SeaSpine Holdings Corporation's Answers to Plaintiff's First Set of Interrogatories and Response to Plaintiff's First Request to Produce by Matthew Douglas Kelly on behalf of SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
May 28, 2020 Filing 35 MINUTE entry before the Honorable John Z. Lee: The Court adopts the parties' proposed schedule as follows: Plaintiff to provide Defendants with signed IRS authorizations by 6/1/20; written discovery completed by 6/4/20, with the exception of documents from third parties; fact discovery completed by 12/3/20, including the depositions of Plaintiff's treating healthcare providers. The parties shall file a joint written report on 8/6/20 regarding the status of outstanding discovery. (ca, )
May 26, 2020 Opinion or Order Filing 34 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket6, )
May 18, 2020 Filing 33 STATUS Report by SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
April 24, 2020 Opinion or Order Filing 32 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket5, )
April 1, 2020 Filing 31 MINUTE entry before the Honorable John Z. Lee:Pursuant to the Second Amended General Order 20-0012, In re: Coronovirus COVID-19 Public Emergency (dated Mar. 30, 2020), the status hearing set for 4/14/20 is hereby stricken. The Court will issue an order scheduling a status hearing at a future date.Mailed notice (ca, )
March 30, 2020 Opinion or Order Filing 30 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, )
March 16, 2020 Opinion or Order Filing 29 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
March 16, 2020 Filing 28 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 3/19/20 is reset to 4/14/20 at 9:00 a.m.Mailed notice (ca, )
January 29, 2020 Filing 27 MINUTE entry before the Honorable John Z. Lee:Status hearing held on 1/29/20. For the reason stated on the record, Defendants' motion to compel Plaintiff to server her complete MIDP disclosures and answer written discovery #25 is granted. As discussed on the record, Plaintiff should provide to Defendant by 2/5/20 (1) verifications to the MIDP disclosures and responses to interrogatories; (2) a supplement to the MIDP disclosures regarding bases of the claims; and responses to the document requests. Status hearing set for 3/19/20 at 9:00 a.m. Mailed notice (ca, )
January 23, 2020 Filing 26 NOTICE of Motion by Matthew Douglas Kelly for presentment of motion to compel, #25 before Honorable John Z. Lee on 1/29/2020 at 09:00 AM. (Kelly, Matthew)
January 23, 2020 Filing 25 MOTION by Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC to compel Plaintiff to Serve Her Complete MIDP Disclosure and Answer Written Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kelly, Matthew)
December 9, 2019 Filing 24 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 12/10/19 is reset to 1/29/20 at 9:00 a.m.Mailed notice (ca, )
October 25, 2019 Filing 23 CERTIFICATE of Service Re: Defendants' First Set of Interrogatories and Requests for Production to Plaintiff by Matthew Douglas Kelly on behalf of SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
October 21, 2019 Filing 22 AGREED Confidentiality Order Signed by the Honorable John Z. Lee on 10/21/19.Mailed notice(ca, )
October 21, 2019 Filing 21 MINUTE entry before the Honorable John Z. Lee:Motion for entry of an agreed confidentiality order #18 is granted. No appearance is required on the motion.Mailed notice (ca, )
October 18, 2019 Filing 20 CERTIFICATE of Service re: Defendants' Mandatory Initial Discovery Responses by Matthew Douglas Kelly on behalf of SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
October 17, 2019 Filing 19 NOTICE of Motion by Matthew Douglas Kelly for presentment of motion for order, #18 before Honorable John Z. Lee on 10/22/2019 at 09:00 AM. (Kelly, Matthew)
October 17, 2019 Filing 18 MOTION by Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC for order DEFENDANTS' AGREED MOTION FOR ENTRY OF AGREED CONFIDENTIALITY ORDER (Attachments: #1 Exhibit A, #2 Exhibit B)(Kelly, Matthew)
September 10, 2019 Filing 17 MINUTE entry before the Honorable John Z. Lee:Status hearing held on 9/10/19. The parties are to exchange MIDP disclosures by 9/27/19. Initial written discovery requests are to be served by 10/11/19; the deadline to amend the pleadings and join parties is 12/18/19. Fact discovery including the deposition of treating physicians shall close on 9/3/20. Plaintiff should provide Defendant with a written demand by 10/8/19. Defendant should provide a written response by 10/29/19. Status hearing set for 12/10/19 at 9:00 a.m. Mailed notice (ca, )
September 4, 2019 Filing 16 STATUS Report INITIAL JOINT STATUS REPORT by SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
August 19, 2019 Filing 15 DEFENDANTS' AFFIRMATIVE DEFENSES AND ANSWER to Complaint with Jury Demand by SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC(Kelly, Matthew)
August 19, 2019 Filing 14 DISCLOSURE PURSUANT TO LOCAL RULE 3.2 AND FEDERAL RULE OF CIVIL PROCEDURE 7.1 STATEMENT by SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC (Kelly, Matthew)
August 13, 2019 Filing 13 QUALIFIED HIPAA Protective Order Signed by the Honorable John Z. Lee on 8/13/19.Mailed notice(ca, )
August 13, 2019 Filing 12 MINUTE entry before the Honorable John Z. Lee:Motion for entry of a qualified protective order #10 is granted. No appearance is required on the motion.Mailed notice (ca, )
August 5, 2019 Filing 11 NOTICE of Motion by Matthew Douglas Kelly for presentment of motion for protective order #10 before Honorable John Z. Lee on 8/14/2019 at 09:00 AM. (Kelly, Matthew)
August 5, 2019 Filing 10 MOTION by Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC for protective order DEFENDANTS' AGREED MOTION FOR ENTRY OF QUALIFIED PROTECTIVE ORDER (Kelly, Matthew)
July 22, 2019 Filing 9 MINUTE entry before the Honorable John Z. Lee:Agreed motion for extension of time until August 19, 2019 to answer #7 is granted. No appearance is required on the motion.Mailed notice (ca, )
July 18, 2019 Filing 8 NOTICE of Motion by Matthew Douglas Kelly for presentment of extension of time #7 before Honorable John Z. Lee on 7/30/2019 at 09:00 AM. (Kelly, Matthew)
July 18, 2019 Filing 7 MOTION by Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC for extension of time DEFENDANTS' AGREED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD (Kelly, Matthew)
July 17, 2019 Filing 6 MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 9/10/19 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, )
July 16, 2019 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (cc, )
July 15, 2019 Filing 4 ATTORNEY Appearance for Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC by Phillip Mark Crane (Crane, Phillip)
July 15, 2019 Filing 3 ATTORNEY Appearance for Defendants SeaSpine Holdings Company, SeaSpine Orthopedics Corporation, SeaSpine Sales LLC by Matthew Douglas Kelly (Kelly, Matthew)
July 15, 2019 Filing 2 CIVIL Cover Sheet (Kelly, Matthew)
July 15, 2019 Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019L006074) filed by SeaSpine Sales LLC Filing fee $ 400, receipt number 0752-16031967. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelly, Matthew)
July 15, 2019 CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (yt)

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Plaintiff: Toni Nape
Represented By: Kenneth Alan Fishman
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Defendant: SeaSpine Orthopedics Corporation
Represented By: Matthew Douglas Kelly
Represented By: Phillip Mark Crane
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Defendant: SeaSpine Sales LLC
Represented By: Matthew Douglas Kelly
Represented By: Phillip Mark Crane
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Defendant: SeaSpine Holdings Company
Represented By: Matthew Douglas Kelly
Represented By: Phillip Mark Crane
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