Zimmer US, Inc et al v. Simmons et al
Plaintiff: EBI Holdings LLC, ZIMMER US, INC. d/b/a ZIMMER BIOMET, EBI Holdings, LLC and Zimmer US, Inc
Defendant: Madeleine Trafficanda, Marie Simmons and Karen E. Garcia
Case Number: 3:2019cv00907
Filed: October 15, 2019
Court: US District Court for the Northern District of Indiana
Presiding Judge: Michael G Gotsch
Referring Judge: Robert L Miller
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 49 ORDER for Plaintiffs' to produce discovery by 3/6/2020; Defendants' to file a response to the Plaintiffs' Motion for Preliminary Injunction by 3/20/2020; and deadline for the parties to conduct any additional discovery related to the defendants' response to plaintiffs' Motion for Preliminary Injunction is 4/10/2020. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/26/2020. (mrm)
February 26, 2020 Filing 48 TELEPHONE CONFERENCE held on 2/26/2020 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Trachtman. Dft appeared by atty Sullivan. Order to be entered. (slm)
February 24, 2020 Filing 47 STATUS REPORT , Joint Update by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
February 13, 2020 Opinion or Order Filing 46 ORDER re 44 On 02/10/2020 the parties filed a stipulation of fact #45 , and the court cannot determine if this stipulation resolves all of the objections #35 #36 #38 that had been previously filed. Accordingly, the parties are directed to file an updated report regarding the status of the objections and any other discovery-related matter that needs to be resolved prior to the preliminary injunction hearing scheduled for 05/06/2020. The report shall be filed on or before 02/24/2020. The Telephonic Status Conference set for 02/20/2020 is VACATED, and reset for 02/26/2020 at 11:45 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Court will initiate call.Approved by Magistrate Judge Michael G Gotsch, Sr on 2/13/20. (slm)
February 10, 2020 Filing 45 Joint STIPULATION s of Fact by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Attachments: #1 Exhibit A - Trafficanda's Confidentiality Agreement, #2 Exhibit B - Trafficanda's Surgeons, #3 Exhibit C - Garcia's Confidentiality Agreement, #4 Exhibit D - Garcia's Surgeons, #5 Exhibit E - Trafficanda's Resignation, #6 Exhibit F - Garcia Resignation)(Rogers, Michael) Modified on 2/11/2020 (dk).
January 27, 2020 Filing 44 TELEPHONE CONFERENCE held on 1/27/2020 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Trachtman,. Dft appeared by atty Walker, Sullivan. Telephonic Status Conference now set for 2/20/2020 11:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr. (slm)
January 24, 2020 Filing 43 NOTICE of Hearing on Motion #8 MOTION for Preliminary Injunction : By agreement of the parties, this matter is set for a 2-day hearing on plaintiff's motion for preliminary injunction commencing at 9:00 am (EST) on May 6, 2020 in US District Court - South Bend before Judge Robert L Miller Jr. and continuing through May 7, if necessary. (dk)
January 23, 2020 Filing 42 STATUS REPORT (Joint) by EBI Holdings, LLC, Zimmer US, Inc. (Rogers, Michael)
January 15, 2020 Filing 41 TELEPHONE CONFERENCE held on 1/15/2020 before Magistrate Judge Michael G Gotsch, Sr. Pla appeared by atty Trachtman, Fleming. Dft appeared by atty Sullivan. Status Report due by 1/23/2020. Telephonic Status Conference continued to 1/27/2020 11:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr. (slm)
January 14, 2020 Filing 40 NOTICE of Appearance by Michael A Rogers on behalf of EBI Holdings, LLC, Zimmer US, Inc (Rogers, Michael)
January 10, 2020 Filing 39 NOTICE of Hearing: regarding #35 Objection, #36 Objection,: Telephone Conference set for 1/15/2020 11:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr..The court will call all counsel listed on the docket sheet unless it is notified that specified attorneys need not be contacted. If, at the time of the scheduled conference, you will not be at the telephone number identified on the docket please contact chambers. (slm)
January 9, 2020 Filing 38 OBJECTION by Karen E. Garcia, Madeleine Trafficanda to #37 Response/Reply Defendants' Response to Plaintiffs' Discovery Objections. (Walker, Georgianne)
January 9, 2020 Filing 37 RESPONSE by EBI Holdings, LLC, Zimmer US, Inc to #35 Objection of Defendants' Discovery. (Trachtman, Elizabeth)
January 8, 2020 Filing 36 OBJECTION by EBI Holdings, LLC, Zimmer US, Inc to #33 Order,,, Set Deadlines,,, Terminate Motions,, to Defendants' Expedited Written Discovery. (Attachments: #1 Exhibit A - Defs' 1st Set of Expedited Discovery)(Trachtman, Elizabeth)
January 8, 2020 Filing 35 OBJECTION by Karen E. Garcia, Madeleine Trafficanda to #33 Order,,, Set Deadlines,,, Terminate Motions,, Defendants' Objections to Plaintiffs' Expedited Discovery Requests. (Attachments: #1 Exhibit A)(Walker, Georgianne)
January 6, 2020 Opinion or Order Filing 34 ORDER denying #31 Motion to Amend/Correct. Signed by Judge Robert L Miller, Jr on 01/06/2020. (jat)
December 19, 2019 Opinion or Order Filing 33 ORDER GRANTING IN PART #10 MOTION for Discovery , Expedited filed by Zimmer US, Inc, EBI Holdings, LLC. Any objection to the scope of the propounded discovery requests must be filed for the Court's consideration no later than 1/8/2020. The parties may also conduct depositions, as deemed appropriate given the confines of this Order, at mutually agreeable times and locations. All expedited discovery shall be completed no later than 2/3/2020. Zimmer Biomet's request for evidentiary hearing #10 REMAINS PENDING. The Court will address Zimmer Biomet's hearing request by separate order. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/19/19. (ksp)
December 18, 2019 Filing 32 BRIEF in Support of #20 MOTION to Dismiss Defendants' Motion to Dismiss for Failure to Join Indispensable Party, #31 MOTION to Amend/Correct Motion to Dismiss to Separate Into Two Documents filed by Madeleine Trafficanda, Karen E. Garcia. (Walker, Georgianne)
December 18, 2019 Filing 31 MOTION to Amend/Correct Motion to Dismiss to Separate Into Two Documents by Defendants Karen E. Garcia, Madeleine Trafficanda. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walker, Georgianne)
December 11, 2019 Filing 30 REPLY to Motion re #10 MOTION for Discovery , Expedited and Request for Evidentiary Hearing filed by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth) Modified dkt text on 12/12/2019 (kjp).
December 11, 2019 Filing 29 RESPONSE to Motion re #20 MOTION to Dismiss Defendants' Motion to Dismiss for Failure to Join Indispensable Party filed by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
December 11, 2019 Opinion or Order Filing 28 ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Ethan E Trull PHV for Karen E. Garcia and Madeleine Trafficanda. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/11/2019. (ace)
December 9, 2019 Filing 27 Application for Attorney Ethan E. Trull to Appear Pro Hac Vice on behalf of Trafficanda;Garcia. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4087119(Pro Hac Vice Temporary login, )
December 4, 2019 Filing 26 RESPONSE to Motion re #10 MOTION for Discovery , Expedited Defendants' Response in Opposition to Motion for Expedited Discovery filed by Karen E. Garcia, Madeleine Trafficanda. (Walker, Georgianne)
December 3, 2019 Filing 25 NOTICE of Voluntary Dismissal by EBI Holdings, LLC, Zimmer US, Inc as to Defendant Marie Simmons ONLY. (Trachtman, Elizabeth) Modified on 12/3/2019 (jld).
December 3, 2019 Opinion or Order Filing 24 ORDER granting #23 Application to Appear Pro Hac Vice of Attorney Lisa C Sullivan PHV for Karen E. Garcia, Marie Simmons, and Madeleine Trafficanda. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/3/2019. (ace)
December 2, 2019 Filing 23 Application for Attorney Lisa C. Sullivan to Appear Pro Hac Vice on behalf of Simmons;Trafficanda;Garcia. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4079911(Pro Hac Vice Temporary login, )
November 27, 2019 Opinion or Order Filing 22 ORDER granting #21 Application to Appear Pro Hac Vice of Attorney Aon Syed Hussain PHV for Karen E. Garcia, Marie Simmons, and Madeleine Trafficanda. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/27/2019. (ace)
November 26, 2019 Filing 21 Application for Attorney Aon S. Hussain to Appear Pro Hac Vice on behalf of Simmons;Trafficanda;Garcia. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4077071(Pro Hac Vice Temporary login, )
November 20, 2019 Filing 20 MOTION to Dismiss Defendants' Motion to Dismiss for Failure to Join Indispensable Party by Defendants Karen E. Garcia, Marie Simmons, Madeleine Trafficanda. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Walker, Georgianne)
November 20, 2019 Filing 19 RESPONSE to Motion re #15 MOTION Telephonic Status Conference Defendants' Response in Opposition to Motion for Telephonic Status Conference filed by Karen E. Garcia, Marie Simmons, Madeleine Trafficanda. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Walker, Georgianne)
November 19, 2019 Filing 18 NOTICE of Appearance by Amanda M Jordan on behalf of All Defendants (Jordan, Amanda)
November 19, 2019 Filing 17 NOTICE of Appearance by Georgianne M Walker on behalf of All Defendants (Walker, Georgianne)
November 14, 2019 Opinion or Order Filing 16 ORDER The parties are to file a proposed plan for expedited discovery on or before December 4, 2019. Should the parties be unable to present a stipulation to the Court, Defendants may file response briefs to Plaintiffs' motion for expedited discovery on or before December 4, 2019. Any reply brief must be filed on or before December 11, 2019. Accordingly, the Court DENIES WITHOUT PREJUDICE Plaintiffs' #15 Motion for Telephonic Status Conference. The Court will issue a separate order addressing Plaintiffs' request for a hearing on their motion for preliminary injunction when deemed appropriate. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/14/19. (kjp)
November 14, 2019 Filing 15 MOTION Telephonic Status Conference by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Attachments: #1 Exhibit A - Garcia Proof of Service, #2 Exhibit B - Simmons Proof of Service, #3 Exhibit C - Trafficanda Proof of Service)(Trachtman, Elizabeth)
November 13, 2019 Filing 14 AFFIDAVIT of Service for Complaint, Amended Complaint and other documents served on Madeleine Trafficanda on 11/8/2019, filed by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
November 13, 2019 Filing 13 AFFIDAVIT of Service for Complaint, Amended Complaint and other documents served on Marie Simmons on 11/3/2019, filed by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
November 13, 2019 Filing 12 AFFIDAVIT of Service for Complaint, Amended Complaint and other documents served on Karen E. Garcia on 11/1/2019, filed by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
October 30, 2019 Filing 11 Summons Issued as to Karen E. Garcia. 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. (rmc)
October 24, 2019 Filing 10 MOTION for Discovery , Expedited by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Attachments: #1 Exhibit A - Discovery Requests)(Trachtman, Elizabeth)
October 24, 2019 Filing 9 BRIEF in Support of #8 MOTION for Preliminary Injunction filed by Zimmer US, Inc, EBI Holdings, LLC. (Attachments: #1 Affidavit of Sean Murphy, #2 Exhibit 2 - Order)(Trachtman, Elizabeth) (Additional attachment(s) added on 10/25/2019: #3 Corrected Exhibit 1 - Affidavit of Sean Murphy) (nae).
October 24, 2019 Filing 8 MOTION for Preliminary Injunction by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth)
October 24, 2019 Filing 7 AMENDED COMPLAINT against Karen E. Garcia, filed by Zimmer US, Inc, EBI Holdings, LLC. (Attachments: #1 Exhibit A - Simmons Agreement, #2 Exhibit B - Traffiicanda Agreement, #3 Exhibit C - Garcia Agreement, #4 Exhibit D - Trafficanda's Resignation Letter, #5 Exhibit E - Simmons' Resignation E-Mail, #6 Exhibit F - Garcia's Resignation E-Mail, #7 Exhibit G - Simmons' LinkedIn Page, #8 Exhibit H - Trafficanda's LinkedIn Page, #9 Proposed Summons Karen Garcia)(Trachtman, Elizabeth)
October 16, 2019 Filing 6 Summons Issued as to Marie Simmons and Madeleine Trafficanda. 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. (nal)
October 16, 2019 Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. NEW CASE. (nal)
October 15, 2019 Filing 5 Corporate Disclosure Statement by EBI Holdings LLC identifying Corporate Parent Zimmer Biomet Holdings Inc. for EBI Holdings LLC.. (Trachtman, Elizabeth)
October 15, 2019 Filing 4 Corporate Disclosure Statement by ZIMMER US, INC. d/b/a ZIMMER BIOMET identifying Corporate Parent Zimmer US Inc, Corporate Parent Zimmer Biomet Holdings Inc. for ZIMMER US, INC. d/b/a ZIMMER BIOMET.. (Trachtman, Elizabeth)
October 15, 2019 Filing 3 NOTICE of Appearance by Elizabeth Anne Trachtman on behalf of EBI Holdings LLC, ZIMMER US, INC. d/b/a ZIMMER BIOMET (Trachtman, Elizabeth)
October 15, 2019 Filing 2 NOTICE of Appearance by Joshua B Fleming on behalf of EBI Holdings LLC, ZIMMER US, INC. d/b/a ZIMMER BIOMET (Fleming, Joshua)
October 15, 2019 Filing 1 COMPLAINT with JURY DEMAND against Marie Simmons, Madeleine Trafficanda( Filing fee $ 400 receipt number 0755-4035386.), filed by ZIMMER US, INC. d/b/a ZIMMER BIOMET, EBI Holdings LLC. (Attachments: #1 Exhibit A - Simmons Agreement, #2 Exhibit B - Trafficanda Agreement, #3 Exhibit C - Trafficanda Resignation Letter, #4 Exhibit D - Simmons Resignation E-Mail, #5 Civil Cover Sheet, #6 Proposed Summons, #7 Proposed Summons)(Trachtman, Elizabeth)

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Search for this case: Zimmer US, Inc et al v. Simmons et al
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Plaintiff: EBI Holdings LLC
Represented By: Joshua B Fleming
Represented By: Elizabeth Anne Trachtman
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Plaintiff: ZIMMER US, INC. d/b/a ZIMMER BIOMET
Represented By: Joshua B Fleming
Represented By: Elizabeth Anne Trachtman
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Plaintiff: EBI Holdings, LLC
Represented By: Joshua B Fleming
Represented By: Elizabeth Anne Trachtman
Represented By: Michael A Rogers
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Plaintiff: Zimmer US, Inc
Represented By: Joshua B Fleming
Represented By: Elizabeth Anne Trachtman
Represented By: Michael A Rogers
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Defendant: Madeleine Trafficanda
Represented By: Lisa C Sullivan PHV
Represented By: Georgianne M Walker
Represented By: Aon Syed Hussain PHV
Represented By: Ethan E Trull PHV
Represented By: Amanda M Jordan
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Defendant: Marie Simmons
Represented By: Lisa C Sullivan PHV
Represented By: Georgianne M Walker
Represented By: Aon Syed Hussain PHV
Represented By: Amanda M Jordan
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Defendant: Karen E. Garcia
Represented By: Lisa C Sullivan PHV
Represented By: Georgianne M Walker
Represented By: Aon Syed Hussain PHV
Represented By: Ethan E Trull PHV
Represented By: Amanda M Jordan
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