OrthoPediatrics Corp. et al v. Wishbone Medical, Inc. et al
Plaintiff: OrthoPediatrics Corp., Orthex, LLC and Vilex LLC
Defendant: Nick A. Deeter and Wishbone Medical, Inc.
Case Number: 3:2020cv00929
Filed: October 30, 2020
Court: US District Court for the Northern District of Indiana
Presiding Judge: Jon E DeGuilio
Referring Judge: Michael G Gotsch
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2021 Opinion or Order Filing 61 REPLY by Nick A. Deeter, Wishbone Medical, Inc. to #60 Response to Motion by Defendant for Leave to File Surreply. (Lankford, Garrick)
June 23, 2021 Opinion or Order Filing 60 RESPONSE to Motion re #59 MOTION for Leave to File Surreply Brief filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Manno PHV, Elizabeth)
June 9, 2021 Opinion or Order Filing 59 MOTION for Leave to File Surreply Brief by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit Proposed Surreply Brief and Declaration of Sehmuz Isin)(Lankford, Garrick)
May 27, 2021 Opinion or Order Filing 58 REPLY to Response to Motion re #53 MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss Reply in Support of Plaintiff's Motion for Leave to file Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Declaration of Elizabeth Manno in Support, #2 Exhibit B)(Manno PHV, Elizabeth)
May 24, 2021 Opinion or Order Filing 57 ORDER DENYING #47 Motion for an Order Setting a Rule 16 Scheduling Conference by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/21/2021. (mrm)
May 21, 2021 Opinion or Order Filing 56 RESPONSE to Motion re #53 MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss filed by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit 1-Declaration of Nick Deeter, #2 Exhibit 2-Declaration of Michael Whitehead, #3 Exhibit 3-US Patent 5702389)(Lankford, Garrick)
May 14, 2021 Opinion or Order Filing 55 ORDER granting #50 Application to Appear Pro Hac Vice of Attorney Elizabeth M Manno PHV for Orthex, LLC, OrthoPediatrics Corp., and Vilex LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/14/2021. (ace)
May 10, 2021 Opinion or Order Filing 54 ORDER : The Court GRANTS the #36 Request to Extend Page Count. Text only entry by Chief Judge Jon E DeGuilio on 5/10/2021. (jss)
May 7, 2021 Opinion or Order Filing 53 MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion to Dismiss by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Exhibit A - Proposed Surreply Brief)(Caixeiro PHV, Manny)
May 7, 2021 Opinion or Order Filing 52 REPLY to Response to Motion re #47 MOTION for an Order Setting a Rule 16 Scheduling Conference Plaintiffs' Reply in Support of Motion for an Order Setting a Rule 16 Scheduling Conference filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Caixeiro PHV, Manny)
May 3, 2021 Opinion or Order Filing 51 ORDER granting #48 Motion to Withdraw as Attorney. Attorney Mary C Brennan PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/3/21. (slm)
April 30, 2021 Opinion or Order Filing 50 Application for Attorney Elizabeth M. Manno to Appear Pro Hac Vice on behalf of Orthopediatrics Corp., Orthex, LLC., and Vilex LLC.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4560533(Pro Hac Vice Temporary login, )
April 30, 2021 Opinion or Order Filing 49 RESPONSE to Motion re #47 MOTION for an Order Setting a Rule 16 Scheduling Conference filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
April 30, 2021 Opinion or Order Filing 48 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel for Plaintiffs by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Brennan PHV, Mary)
April 23, 2021 Opinion or Order Filing 47 MOTION for an Order Setting a Rule 16 Scheduling Conference by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Brennan PHV, Mary)
March 22, 2021 Opinion or Order Filing 46 ORDER: Based on the filing of the Amended Complaint, the Court DENIES as moot the #28 Motion to Dismiss. Text only entry by Chief Judge Jon E DeGuilio on 3/22/2021. (jss)
March 12, 2021 Opinion or Order Filing 45 ORDER granting #44 Motion to Withdraw as Attorney. Attorney Jaimin H Shah PHV terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 3/12/21. (slm)
March 12, 2021 Opinion or Order Filing 44 MOTION to Withdraw as Attorney by Plaintiffs Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Shah PHV, Jaimin)
February 24, 2021 Opinion or Order Filing 43 REPLY TO RESPONSE TO MOTION by Nick A. Deeter, Wishbone Medical, Inc. re #39 Response to Motion, . (Attachments: #1 Exhibit A - Declaration of Nick A. Deeter, #2 Exhibit B - WishBone's Website of Products)(Lankford, Garrick) Modified on 2/25/2021 (bas).
February 12, 2021 Opinion or Order Filing 42 ORDER : The Court GRANTS the unopposed #41 Joint Motion for Extension of Time to File Defendants' Reply. Reply to be filed by 2/24/2021. Text only entry by Chief Judge Jon E DeGuilio on 2/12/2021. (jss)
February 12, 2021 Opinion or Order Filing 41 MOTION for Extension of Time to File Response/Reply as to #39 Response to Motion, Filed Jointly by Plaintiffs and by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
February 10, 2021 Opinion or Order Filing 40 SUPPLEMENT to #39 Response to Motion, Declaration of Jaimin H. Shah in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shah PHV, Jaimin)
February 10, 2021 Opinion or Order Filing 39 RESPONSE to Motion re #37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Orthex, LLC, OrthoPediatrics Corp., Vilex LLC. (Carroll PHV, Timothy)
January 20, 2021 Opinion or Order Filing 38 BRIEF in Support of #37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Exhibit A - Paley Consulting Agreement, #2 Exhibit B - Florida Lawsuit Complaint, #3 Exhibit C - Declaration of Nick A. Deeter)(Lankford, Garrick)
January 20, 2021 Opinion or Order Filing 37 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
January 18, 2021 Opinion or Order Filing 36 MOTION for Leave to File Excess Pages by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
January 7, 2021 Opinion or Order Filing 35 ORDER granting #31 Application to Appear Pro Hac Vice of Attorney Ted J Nelson PHV for Wishbone Medical, Inc. and Nick Deeter. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/7/2021. (ace)
January 7, 2021 Opinion or Order Filing 34 ORDER granting #30 Application to Appear Pro Hac Vice of Attorney Michael J King PHV for Wishbone Medical, Inc. and Nick Deeter. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/7/2021. (ace)
January 6, 2021 Opinion or Order Filing 33 AMENDED COMPLAINT First Amended Complaint against Nick A. Deeter, Wishbone Medical, Inc., filed by Vilex LLC, OrthoPediatrics Corp., Orthex, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Carroll PHV, Timothy)
January 6, 2021 Opinion or Order Filing 32 Corporate Disclosure Statement by Vilex LLC identifying Corporate Parent Squadron Capital LLC for Vilex LLC.. (Carroll PHV, Timothy)
January 6, 2021 Opinion or Order Filing 31 Application for Attorney Theodore J. Nelson to Appear Pro Hac Vice on behalf of WISHBONE MEDICAL, INC. and NICK DEETER. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4443682(Pro Hac Vice Temporary login, )
January 6, 2021 Opinion or Order Filing 30 Application for Attorney Michael J. King to Appear Pro Hac Vice on behalf of WISHBONE MEDICAL, INC. and NICK DEETER. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4443635(Pro Hac Vice Temporary login, )
December 16, 2020 Opinion or Order Filing 29 BRIEF in Support of #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM upon which relief can be granted filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
December 16, 2020 Opinion or Order Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM upon which relief can be granted by Defendants Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
December 15, 2020 Opinion or Order Filing 27 ORDER DENYING #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery by Plaintiffs Orthex, LLC, OrthoPediatrics Corp. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2020. (lhc)
December 15, 2020 Opinion or Order Filing 26 ORDER granting #24 Application to Appear Pro Hac Vice of Attorney Jaimin H Shah PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/15/2020. (ace)
December 14, 2020 Opinion or Order Filing 25 MEMORANDUM OF LAW re #22 Response to Motion Opposing Plaintiffs' Motion for Expedited Discovery by Nick A. Deeter, Wishbone Medical, Inc.. (Attachments: #1 Declaration of Nick A. Deeter)(Lankford, Garrick)
December 14, 2020 Opinion or Order Filing 24 Application for Attorney Jaimin H. Shah to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4425334(Pro Hac Vice Temporary login, )
December 9, 2020 Opinion or Order Filing 23 ORDER re #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery filed by Orthex, LLC, OrthoPediatrics Corp. Defendants to file any response brief no later than 12/14/2020. No further briefing will be considered.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/9/20. (jld)
December 9, 2020 Opinion or Order Filing 22 RESPONSE to Motion re #19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery filed by Nick A. Deeter, Wishbone Medical, Inc.. (Lankford, Garrick)
December 9, 2020 Opinion or Order Filing 21 ORDER granting #20 Application to Appear Pro Hac Vice of Attorney Manny J Caixeiro PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 12/9/2020. (ace)
December 8, 2020 Opinion or Order Filing 20 Application for Attorney Manny J. Caixeiro to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4420974(Pro Hac Vice Temporary login, )
December 8, 2020 Opinion or Order Filing 19 MOTION to Expedite Plaintiffs' Motion for Expedited Discovery by Plaintiffs Orthex, LLC, OrthoPediatrics Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Carroll PHV, Timothy)
December 7, 2020 Opinion or Order Filing 18 NOTICE of Appearance by Michael D Marston on behalf of All Defendants (Marston, Michael)
December 7, 2020 Opinion or Order Filing 17 NOTICE of Appearance by Garrick T Lankford on behalf of Nick A. Deeter, Wishbone Medical, Inc. (Lankford, Garrick)
November 30, 2020 Opinion or Order Answer Deadline set per DE #14 . Answer for Defendants is due 12/16/2020. (bas)
November 30, 2020 Opinion or Order Filing 16 ORDER granting #12 Application to Appear Pro Hac Vice of Attorney Timothy J Carroll PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/30/2020. (ace)
November 30, 2020 Opinion or Order Filing 15 Corporate Disclosure Statement by Wishbone Medical, Inc.. (Seach, Raymond)
November 30, 2020 Opinion or Order Filing 14 AGREED NOTICE to extend time to file answer filed by Nick A. Deeter, Wishbone Medical, Inc. ; answer due by 12/16/2020. (Seach, Raymond)
November 30, 2020 Opinion or Order Filing 13 NOTICE of Appearance by Raymond Thomas Seach on behalf of All Defendants (Seach, Raymond)
November 23, 2020 Opinion or Order Filing 12 Application for Attorney Timothy J. Carroll to Appear Pro Hac Vice on behalf of ORTHOPEDIATRICS CORP. and ORTHEX, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4408123(Pro Hac Vice Temporary login, ) (Main Document 12 replaced on 11/30/2020 to include IL certificate and court status information) (ace). Modified on 11/30/2020 (ace).
November 17, 2020 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by Orthex, LLC, OrthoPediatrics Corp. Regarding Service of the Summons and Complaint to Defendants WishBone Medical, Inc. and Nick A. Deeter (Attachments: #1 Exhibit A)(Brennan PHV, Mary)
November 9, 2020 Opinion or Order Filing 10 ORDER granting #9 Application to Appear Pro Hac Vice of Attorney Mary C Brennan PHV for Orthex, LLC and OrthoPediatrics Corp.. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/9/2020. (ace)
November 5, 2020 Opinion or Order Filing 9 Application for Attorney Mary Kate Brennan to Appear Pro Hac Vice on behalf of OrthoPediatrics Corp. and Orthex, LLC. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4391505(Pro Hac Vice Temporary login, )
November 2, 2020 Opinion or Order Filing 8 Summons Issued as to Nick A. Deeter, Wishbone Medical, Inc.. 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)
November 2, 2020 Opinion or Order Chief Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (rmc)
October 30, 2020 Opinion or Order Filing 7 Corporate Disclosure Statement by Orthex, LLC. (Haller, Meaghan)
October 30, 2020 Opinion or Order Filing 6 Corporate Disclosure Statement by OrthoPediatrics Corp.. (Haller, Meaghan)
October 30, 2020 Opinion or Order Filing 5 REPORT by Orthex, LLC, OrthoPediatrics Corp. REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK. (Haller, Meaghan)
October 30, 2020 Opinion or Order Filing 4 NOTICE of Appearance by Andrew W Gruber on behalf of All Plaintiffs (Gruber, Andrew)
October 30, 2020 Opinion or Order Filing 3 NOTICE of Appearance by Alex Everett Gude on behalf of All Plaintiffs (Gude, Alex)
October 30, 2020 Opinion or Order Filing 2 NOTICE of Appearance by Meaghan Klem Haller on behalf of Orthex, LLC, Orthpediatrics Corp. (Haller, Meaghan)
October 30, 2020 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against Nick A. Deeter, Wishbone Medical, Inc.( Filing fee $400.00 receipt number 0755-4386373.), filed by Orthpediatrics Corp., Orthex, LLC. (Attachments: #1 Exhibit A- Nick Deeter WishBone Medical Because KIDS are not just little adults_, #2 Exhibit B - Findings of Fact and Conclusions of Law Concerning OP_s Motion for Rule to Show Cause, #3 Exhibit C - Deeter Nick - Severance Agreement and General Release 2013, #4 Exhibit D - US10258377B1 - Orthex patent re point and click alignment, #5 Exhibit E - Smart Correction-Computer Assisted Circular Hexapod Fixator, #6 Civil Cover Sheet, #7 Proposed Summons Nick A. Deeter, #8 Proposed Summons Wishbone Medical, Inc.)(Haller, Meaghan) Modified on 11/2/2020 sent AO 120 form the the Patent Office via email (rmc).

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Indiana Northern District Court's Electronic Court Filings (ECF) System

Search for this case: OrthoPediatrics Corp. et al v. Wishbone Medical, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: OrthoPediatrics Corp.
Represented By: Andrew W Gruber
Represented By: Meaghan Klem Haller
Represented By: Alex Everett Gude
Represented By: Alex E Gude
Represented By: Manny J Caixeiro PHV
Represented By: Jaimin H Shah PHV
Represented By: Timothy J Carroll PHV
Represented By: Mary C Brennan PHV
Represented By: Elizabeth M Manno PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Orthex, LLC
Represented By: Andrew W Gruber
Represented By: Meaghan Klem Haller
Represented By: Alex Everett Gude
Represented By: Alex E Gude
Represented By: Manny J Caixeiro PHV
Represented By: Jaimin H Shah PHV
Represented By: Timothy J Carroll PHV
Represented By: Mary C Brennan PHV
Represented By: Elizabeth M Manno PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Vilex LLC
Represented By: Jaimin H Shah PHV
Represented By: Mary C Brennan PHV
Represented By: Elizabeth M Manno PHV
Represented By: Manny J Caixeiro PHV
Represented By: Timothy J Carroll PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nick A. Deeter
Represented By: Raymond Thomas Seach
Represented By: Garrick T Lankford
Represented By: Michael D Marston
Represented By: Michael J King PHV
Represented By: Ted J Nelson PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Wishbone Medical, Inc.
Represented By: Raymond Thomas Seach
Represented By: Garrick T Lankford
Represented By: Michael D Marston
Represented By: Michael J King PHV
Represented By: Ted J Nelson PHV
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?