Zimmer US, Inc et al v. Simmons et al
EBI Holdings LLC, ZIMMER US, INC. d/b/a ZIMMER BIOMET, EBI Holdings, LLC and Zimmer US, Inc |
Madeleine Trafficanda, Marie Simmons and Karen E. Garcia |
3:2019cv00907 |
October 15, 2019 |
US District Court for the Northern District of Indiana |
Michael G Gotsch |
Robert L Miller |
Contract: Other |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.
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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) |
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) |
Filing 47 STATUS REPORT , Joint Update by EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth) |
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) |
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). |
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) |
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) |
Filing 42 STATUS REPORT (Joint) by EBI Holdings, LLC, Zimmer US, Inc. (Rogers, Michael) |
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) |
Filing 40 NOTICE of Appearance by Michael A Rogers on behalf of EBI Holdings, LLC, Zimmer US, Inc (Rogers, Michael) |
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) |
Filing 38 OBJECTION by Karen E. Garcia, Madeleine Trafficanda to #37 Response/Reply Defendants' Response to Plaintiffs' Discovery Objections. (Walker, Georgianne) |
Filing 37 RESPONSE by EBI Holdings, LLC, Zimmer US, Inc to #35 Objection of Defendants' Discovery. (Trachtman, Elizabeth) |
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) |
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) |
Filing 34 ORDER denying #31 Motion to Amend/Correct. Signed by Judge Robert L Miller, Jr on 01/06/2020. (jat) |
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) |
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) |
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) |
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). |
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) |
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) |
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, ) |
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) |
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). |
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) |
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, ) |
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) |
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, ) |
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) |
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) |
Filing 18 NOTICE of Appearance by Amanda M Jordan on behalf of All Defendants (Jordan, Amanda) |
Filing 17 NOTICE of Appearance by Georgianne M Walker on behalf of All Defendants (Walker, Georgianne) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 10 MOTION for Discovery , Expedited by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Attachments: #1 Exhibit A - Discovery Requests)(Trachtman, Elizabeth) |
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). |
Filing 8 MOTION for Preliminary Injunction by Plaintiffs EBI Holdings, LLC, Zimmer US, Inc. (Trachtman, Elizabeth) |
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) |
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) |
Judge Robert L Miller, Jr and Magistrate Judge Michael G Gotsch, Sr added. NEW CASE. (nal) |
Filing 5 Corporate Disclosure Statement by EBI Holdings LLC identifying Corporate Parent Zimmer Biomet Holdings Inc. for EBI Holdings LLC.. (Trachtman, Elizabeth) |
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) |
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) |
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) |
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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