SeaSpine Orthopedics Corporation, et al v. Pinnacle Healthcare, LLC
| ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE, INC. and SEASPINE SALES, LLC |
| PINNACLE HEALTHCARE, LLC DBA PINNACLE HOSPITAL and Pinnacle Healthcare, LLC doing business as Pinnacle Hospital |
| 2:2020cv00323 |
| September 4, 2020 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| James T Moody |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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CASE DISMISSED without prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (efc)
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Filing 37
STIPULATION to Dismiss by Plaintiffs SeaSpine Orthopedics Corporation, IsoTis Orthobiologics, Inc., SeaSpine Sales, LLC, SeaSpine, Inc.. (Hokanson, Jeffrey)
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Filing 36
ORDER GRANTING #35 MOTION for Extension of Time to File Proposed Joint Discovery Plan MOTION to Continue Rule 16 Preliminary Pretrial Conference filed by SeaSpine Sales, LLC, IsoTis Orthobiologics, Inc., SeaSpine, Inc., SeaSpine Orthopedics Corporation. ORDERING that the deadline for filing of the parties Proposed Joint Discovery Plan is extended to 12/28/2021, VACATING the Preliminary Pretrial Conference currently scheduled for 11/4/2021, and SETS this matter for a Telephonic Rule 16 Preliminary PreTrial Conference on 1/13/2022 at 11:00 a.m. (Central Time), at which time the parties are instructed to call 877-873-8017, and enter access code 5155509# when prompted. Signed by Magistrate Judge John E Martin on 11/2/2021. (mrm)
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Filing 35
MOTION for Extension of Time to File Proposed Joint Discovery Plan, MOTION to Continue Rule 16 Preliminary Pretrial Conference by Plaintiffs IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Hokanson, Jeffrey)
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Filing 34
ANSWER to #1 Complaint,,, Complaint and Affirmative Defenses by Pinnacle Healthcare, LLC.(Hughes, John)
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Filing 33
ORDER granting #32 STIPULATION for Extension of Time for Defendant to Answer Plaintiffs' Complaint filed by Pinnacle Healthcare, LLC. Defendant shall have to and including 10/18/2021 within which to file its answer to Plaintiffs' Complaint for Damages. Text entry order. By Magistrate Judge John E Martin on 10/12/2021. (smb)
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Reset Deadline: Answer deadline 10/18/2021. (smb)
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Filing 32
STIPULATION re #1 Complaint,,, for Extension of Time for Defendant to Answer Plaintiffs' Complaint by Defendant Pinnacle Healthcare, LLC. (Attachments: #1 Exhibit A)(Hughes, John)
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Filing 31
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/4/2021 10:00 AM Central before Magistrate Judge John E Martin. Parties are instructed to dial 877-873-8017 and enter access code 5155509# when prompted. Parties' proposed joint discovery plan in accordance with FRCP 26(f) due by 10/29/2021. By Magistrate Judge John E Martin on 9/28/2021.(smb)
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Filing 30
OPINION AND ORDER: Defendant's motion to dismiss #16 is DENIED. Signed by Senior Judge James T Moody on 9/27/2021. (shk)
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Filing 29
ORDER granting #28 Motion to Withdraw as Attorney. Attorney Adam D Zacher terminated for the plaintiffs. Signed by Magistrate Judge John E Martin on 4/9/21. (kjp)
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Filing 28
MOTION to Withdraw as Attorney by Plaintiffs IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC. (Zacher, Adam)
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Filing 27
NOTICE: Due to the backlog of criminal cases caused by the pandemic, it is unlikely that the assigned district judge will schedule a trial date for this Hammond civil case until 2022 at the earliest. One or more parties previously declined to consent to the magistrate judge who was assigned this case for scheduling purposes before the close of discovery. The parties now have a second opportunity to consent to a Hammond magistrate judge for trial purposes. Rather than the previous random assignment of a magistrate judge, the parties can select which magistrate judge (Magistrate Judges John Martin, Joshua Kolar or Andrew Rodovich) they prefer to hear this case. All parties must agree on which magistrate judge will hear the case and file an Agreed Notice. Only one Agreed Notice should be filed for all parties in this case. Absent an agreement, the case will remain on the docket of the district judge. (ksc)
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Filing 26
RESPONSE to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Zacher, Adam)
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Response/Reply. response to Defendant's Motion to Dismiss #16 to be filed by 1/13/2021. Defendant's reply to be filed by 1/20/2021. Approved by Magistrate Judge John E Martin on 12/9/2020. No pdf attached. (bat)
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Filing 24
MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Agreed Motion) by Plaintiffs IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Zacher, Adam)
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response/Reply. Plaintiff's response to Defendant's Motion to Dismiss #16 to be filed by 12/10/2020. Defendant's reply to be filed by 12/17/2020. Approved by Magistrate Judge John E Martin on 11/16/2020. No pdf attached. (bat)
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Filing 22
MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Agreed Motion) by Plaintiffs IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Zacher, Adam)
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Filing 21
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. Magistrate Consent forms due by 11/30/2020. (smb)
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Filing 20
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 11/9/2020. (smb)
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Filing 19
ORDER granting #18 Motion for Extension of Time to File Response/Reply. Plaintiff's response to Defendant's Motion to Dismiss #16 to be filed by 11/19/2020. Defendant's reply to be filed by 11/27/2020. Approved by Magistrate Judge John E Martin on 10/20/2020. No pdf attached. (bat)
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Filing 18
Consent MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Zacher, Adam)
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Filing 17
MEMORANDUM in Support of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pinnacle Healthcare, LLC. (Schnell PHV, Grant)
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Pinnacle Healthcare, LLC. (Schnell PHV, Grant)
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Filing 15
ORDER granting #13 Application to Appear Pro Hac Vice of Attorney Victor L Moldovan PHV for Pinnacle Healthcare, LLC. Signed by Magistrate Judge John E Martin on 9/30/2020. (ace)
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Filing 14
ORDER granting #12 Application to Appear Pro Hac Vice of Attorney Grant EL Schnell PHV for Pinnacle Healthcare, LLC. Signed by Magistrate Judge John E Martin on 9/30/2020. (ace)
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Filing 13
Application for Attorney Victor L. Moldovan to Appear Pro Hac Vice on behalf of Pinnacle Healthcare, LLC dba Pinnacle Hospital. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4357211(Pro Hac Vice Temporary login, )
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Filing 12
Application for Attorney Grant Edward Lavelle Schnell to Appear Pro Hac Vice on behalf of Pinnacle Healthcare, LLC dba Pinnacle Hospital. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4355869(Pro Hac Vice Temporary login, )
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Filing 11
NOTICE of Appearance by John Edward Hughes on behalf of Pinnacle Healthcare, LLC (Hughes, John)
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Set/Reset Deadlines: Answer due 10/8/20. (jld)
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Filing 10
AFFIDAVIT of Service for Complaint for Damages served on Pinnacle Healthcare, LLC, dba Pinnacle Hospital on 9-17-20, filed by IsoTis Orthobiologics, Inc., SeaSpine Orthopedics Corporation, SeaSpine Sales, LLC, SeaSpine, Inc.. (Zacher, Adam)
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Filing 9
Summons Issued as to Pinnacle Healthcare, LLC. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (shk)
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Filing 8
ORDER: The Court hereby GRANTS Plaintiff's Motion for Leave to File Under Seal #6 and DIRECTS the Clerk of the Court to RETAIN AS SEALED Exhibit E of Plaintiffs' Complaint #7 with the redacted versions available on the public docket at [DE 1-5]. Signed by Magistrate Judge John E Martin on 9/10/2020. (bas)
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**NEW CASE, MOTION PENDING** Senior Judge James T Moody and Magistrate Judge John E Martin added. (shk)
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Filing 7
Sealed Document re #6 MOTION to Seal Exhibit E to Complaint. (Zacher, Adam)
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Filing 6
MOTION to Seal Exhibit E to Complaint by Plaintiffs ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC.. (Zacher, Adam)
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Filing 5
Corporate Disclosure Statement by ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC. identifying Corporate Parent SeaSpine Holdings Corporation for ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC... (Zacher, Adam)
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Filing 4
NOTICE of Appearance by Jeffrey A Hokanson on behalf of ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC. (Hokanson, Jeffrey)
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Filing 3
NOTICE of Appearance by Adam D Zacher on behalf of ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC. (Zacher, Adam)
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Filing 2
APPENDIX to #1 Complaint,,, (Index of Exhibits to Complaint for Damages) by ISOTIS ORTHOBIOLOGICS, INC., SEASPINE ORTHOPEDICS CORPORATION, SEASPINE SALES, LLC, SEASPINE, INC.. (Zacher, Adam)
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Filing 1
COMPLAINT for Damages against PINNACLE HEALTHCARE, LLC DBA PINNACLE HOSPITAL( Filing fee $ 400 receipt number 0755-4333604.), filed by SEASPINE ORTHOPEDICS CORPORATION, ISOTIS ORTHOBIOLOGICS, INC., SEASPINE SALES, LLC, SEASPINE, INC.. (Attachments: #1 Exhibit A - SeaSpine's Invoice Terms and Conditions, #2 Exhibit B - Pinnacle's March 19, 2020 Letter to SeaSpine, #3 Exhibit C - Pinnacle's May 13, 2020 letter to SeaSpine, #4 Exhibit D - SeaSpine's Invoices to Pinnacle from Octrober 2019 through May 2020, #5 Exhibit E - Charge Sheets for Invoices to Pinnacle from October 2019 through May 2020, #6 Exhibit F - Counsel's July 27, 2020 demand letter to Pinnacle, #7 Exhibit G - SeaSpine's July 28, 2020 E-mail to Pinnacle, #8 Exhibit H - August 10, 2020 E-mail from Pinnacle's Counsel)(Zacher, Adam)
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