HILL-ROM SERVICES, INC. v. TELLISENSE MEDICAL, LLC et al
Plaintiff: HILL-ROM SERVICES, INC.
Defendant: ROBERT UFFORD, CONVERGENCE SYSTEMS LIMITED, HELVETIA WIRELESS, LLC, ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, BRIAN WOODBURY and ROC LASTINGER
Case Number: 1:2017cv04725
Filed: December 22, 2017
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Mark J Dinsmore
2 Judge: William T Lawrence
3 Judge: Tanya Walton Pratt
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2020 Opinion or Order Filing 365 MARGINAL ENTRY - Acknowledging #364 NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Tanya Walton Pratt on 3/25/2020.(NAD)
March 24, 2020 Opinion or Order Filing 364 NOTICE of Voluntary Dismissal, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Robinson, Matthew)
March 24, 2020 Opinion or Order Filing 363 MARGINAL ENTRY - Acknowledging #362 NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Tanya Walton Pratt on 3/24/2020. (NAD)
March 23, 2020 Opinion or Order Filing 362 STIPULATION of Dismissal , as to Plaintiff HILL-ROM SERVICES, INC., Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, filed by ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, HILL-ROM SERVICES, INC., ROBERT UFFORD. (Barnes, Richard)
March 17, 2020 Opinion or Order Filing 361 ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within thirty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Mark J. Dinsmore on 3/17/2020.(SWM)
March 16, 2020 Opinion or Order Filing 360 ORDER denying Plaintiff's #299 Motion for Sanctions. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 3/16/2020. (SWM)
March 9, 2020 Opinion or Order Filing 359 REPLY in Support of Motion re #324 MOTION to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Ellingson, Lisa)
March 6, 2020 Opinion or Order Filing 358 BRIEF/MEMORANDUM in Support re #357 MOTION to Maintain Document Under Seal #356 SEALED Document (Case Participants - doc) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
March 6, 2020 Opinion or Order Filing 357 MOTION to Maintain Document Under Seal #356 SEALED Document (Case Participants - doc) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
March 6, 2020 Opinion or Order Filing 356 SEALED , re #352 Motion for Summary Judgment, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of David Ribble with Exhibits, #2 Exhibit 1 - Ribble Dep., #3 Exhibit 2 - Ribble Dep. Ex. 1, #4 Exhibit 3 - Encompass Answers to Second Set of Interrogatories, #5 Exhibit 4 - Tellisense Dep., #6 Exhibit 6 - Tellisense Dep. Ex. 11, #7 Exhibit 7 - Tellisense Dep. Ex. 13, #8 Exhibit 8 - Tellisense Dep. Ex. 15, #9 Exhibit 9 - Tellisense Supple. Answers to Second Set of Interrogatories, #10 Exhibit 10 - Kain Dep., #11 Exhibit 11 - Tellisense Dep. Ex. 14, #12 Exhibit 13 - Encompass Dep., #13 Exhibit 16 - Encompass Dep. Ex. 16, #14 Exhibit 17 - Encompass Dep. Ex. 18, #15 Exhibit 18 - Tellisense Dep. Ex. 20, #16 Exhibit 19 - Huelsbeck Dep., #17 Exhibit 20 - Tellisense Dep. Ex. 18, #18 Exhibit 21 - Tellisense Dep. Ex. 19, #19 Exhibit 22 - Rudolph Dep., #20 Exhibit 24 - Lastinger's Supple. Responses to First Set of Interrogatories, #21 Exhibit 25 - Helvetia's Supple. Responses to Second Set of Interrogatories, #22 Exhibit 31 - Expert Report of Fischer, #23 Exhibit 32 - Confidential Settlement Agreement, #24 Exhibit 33 - Encompass Dep. Ex. 2)(Maley, John)
March 6, 2020 Opinion or Order Filing 355 Appendix of Exhibits in Support of Motion re #352 MOTION for Summary Judgment (Hill-Rom Services, Inc.'s Motion for Partial Summary Judgment Against the Encompass Defendants) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit 1 - Dep. of Ribble (Redacted), #2 Exhibit 2 - Ribble Dep. 1 (Filed Under Seal), #3 Exhibit 3 - Empass Answers to Second Set of Interrogatories (Filed Under Seal), #4 Exhibit 4 - Tellisense Dep. (Filed Under Seal), #5 Exhibit 5 - Encompass Dep. Ex. 19, #6 Exhibit 6 - Tellisense Dep. Ex. 11 (Filed Under Seal), #7 Exhibit 7 - Tellisense Dep. Ex. 13 (Filed Under Seal), #8 Exhibit 8 - Tellisense Dep. Ex. 15 (Filed Under Seal), #9 Exhibit 9 - Tellisense Supple. Answers to Second Set of Interrogatories (Filed Under Seal), #10 Exhibit 10 - Kain Dep. (Filed Under Seal), #11 Exhibit 11 - Tellisense Dep. Ex. 14 (Filed Under Seal), #12 Exhibit 12 - Tellisense Dep. Ex. 7, #13 Exhibit 13 - Encompass Dep. (Filed Under Seal), #14 Exhibit 14 - Hill-Rom Dep., #15 Exhibit 15 - Encompass' Fourth Supple. Answers to Third Set of Interrogatories, #16 Exhibit 16 - Encompass Dep. Ex. 16 (Filed Under Seal), #17 Exhibit 17 - Encompass Dep. Ex. 18 (Filed Under Seal), #18 Exhibit 18 Tellisense Dep. Ex. 20 (Redacted), #19 Exhibit 19 - Huelsbeck Dep. (Redacted), #20 Exhibit 20 - Tellisense Dep. Ex. 18 (Filed Under Seal), #21 Exhibit 21 - Tellisense Dep. Ex. 18 (Filed Under Seal), #22 Exhibit 22 - Rudolph Dep. (Redacted), #23 Exhibit 23 - Encompass' Responses to Second Requests for Admission, #24 Exhibit 24 - Lastinger's Supple. Response to First Set of Interrogatories (Filed Under Seal), #25 Exhibit 25 - Helvetia Supple. Responses to Second Set of Interrogatories (Filed Under Seal), #26 Exhibit 26 - Encompass' Responses to Revised Requests for Admissions, #27 Exhibit 27 - Tellisense Responses to Revised Second Set of Requests for Admissions, #28 Exhibit 28 - Ufford's Responses to Revised Second Set of Requests for Admissions, #29 Exhibit 29 - Tellisense Dep. Ex. 6, #30 Exhibit 30 - Helvetia Response to Hill-Rom Second Set of Requests for Admission, #31 Exhibit 31 - Expert Report of Fischer (Redacted), #32 Exhibit 32 - Confidential Settlement Agreement (Filed Under Seal), #33 Exhibit 33 - Encompass Dep. Ex. 2 (Filed Under Seal))(Maley, John)
March 6, 2020 Opinion or Order Filing 354 Submission of Request for Judicial Notice in Support of #352 Motion for Partial Summary Judgment, filed by Plaintiff HILL-ROM SERVICES, INC. (Attachments: #1 Affidavit Declaration of Matthew Kohel with exhibits, #2 Text of Proposed Order)(Maley, John) Modified on 3/9/2020 - Edited for administrative purposes(NAD).
March 6, 2020 Opinion or Order Filing 353 BRIEF/MEMORANDUM in Support re #352 MOTION for Summary Judgment (Hill-Rom Services, Inc.'s Motion for Partial Summary Judgment Against the Encompass Defendants) (Redacted), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of David Ribble (Redacted))(Maley, John)
March 6, 2020 Opinion or Order Filing 352 MOTION for Summary Judgment (Hill-Rom Services, Inc.'s Motion for Partial Summary Judgment Against the Encompass Defendants), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
March 5, 2020 Opinion or Order Filing 351 BRIEF/MEMORANDUM in Support re #350 MOTION to Substitute Redacted Exhibits for Exhibits Filed in Support of Tellisense Medical, LLC, Encompass Group, LLC and Robert Ufford's Memorandum in Opposition to Plaintiff's Motion for a Protective Order Against Two Subpoenas Issued , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Eric Agdeppa, #2 Affidavit Declaration of Matthew Kohel, #3 Exhibit A - Redacted Report, #4 Exhibit B - Redacted Report)(Maley, John)
March 5, 2020 Opinion or Order Filing 350 MOTION to Substitute Redacted Exhibits for Exhibits Filed in Support of Tellisense Medical, LLC, Encompass Group, LLC and Robert Ufford's Memorandum in Opposition to Plaintiff's Motion for a Protective Order Against Two Subpoenas Issued by Encompass Group, LLC, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
March 3, 2020 Opinion or Order Filing 349 BRIEF/MEMORANDUM in Support re #348 MOTION to Substitute Redacted Exhibit for Exhibit Filed in Support of Tellisense Medical, LLC, Encompass Group, LLC, and Robert Ufford's Reply Memorandum in Support of Their Motion to Compel the Production of Documents , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Eric Agdeppa, #2 Affidavit Declaration of Matthew Kohel, #3 Exhibit Redacted Exhibit K)(Maley, John)
March 3, 2020 Opinion or Order Filing 348 MOTION to Substitute Redacted Exhibit for Exhibit Filed in Support of Tellisense Medical, LLC, Encompass Group, LLC, and Robert Ufford's Reply Memorandum in Support of Their Motion to Compel the Production of Documents, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
March 2, 2020 Opinion or Order Filing 347 BRIEF/MEMORANDUM in Support re #346 MOTION to Substitute Redacted Exhibits in Support of Defendants' Motion to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Eric Agdeppa, #2 Affidavit Declaration of Matthew Kohel, #3 Exhibit Redacted Exhibit B, #4 Exhibit Redacted Exhibit D, #5 Exhibit Redacted Exhibit I)(Maley, John)
March 2, 2020 Opinion or Order Filing 346 MOTION to Substitute Redacted Exhibits in Support of Defendants' Motion to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
March 2, 2020 Opinion or Order Filing 345 ORDER - REGARDING #343 JOINT MOTION TO AMEND THE CASE MANAGEMENT PLAN AND TO EXCEED PAGE LIMITS FOR SUMMARY JUDGMENT BRIEFING. Hill-Rom shall file its Motion for Summary Judgment and Brief in Support on or before March 6, 2020. Hill-Rom's Brief in Support may not exceed 35 pages. (See Order for deadlines.) Signed by Judge Tanya Walton Pratt on 3/2/2020.(NAD)
March 2, 2020 Opinion or Order Filing 344 RESPONSE in Opposition re #324 MOTION to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Kohel, #2 Exhibit A - Email thread)(Maley, John)
February 28, 2020 Opinion or Order Filing 343 Joint MOTION to Amend/Correct the Case Management Plan and to Exceed Page Limits for Summary Judgment Briefing, filed by Defendant TELLISENSE MEDICAL, LLC. (Attachments: #1 Text of Proposed Order regarding Joint Motion to Amend the Case Management Plan and to Exceed Page Limits for Summary Judgment Briefing)(Ellingson, Lisa)
February 27, 2020 Opinion or Order Filing 342 ORDER - granting #341 Motion to Withdraw Attorney Appearance. The Court hereby GRANTS the Motion and ORDERS that the appearance of counsel Aaron D. Johnson on behalf of Defendant CSL is withdrawn. Signed by Judge Tanya Walton Pratt on 2/27/2020. (NAD)
February 26, 2020 Opinion or Order Filing 341 MOTION to Withdraw Attorney Appearance , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Attachments: #1 Order Granting Motion)(Johnson, Aaron)
February 25, 2020 Opinion or Order Filing 340 ORDER ON #319 PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER AGAINST TWO SUBPONEAS ISSUED BY ENCOMPASS GROUP, LLC. For the reasons set forth, Plaintiff's motion is DENIED. Plaintiff's experts R. Christopher Rosenthal and Jeffrey Fischer are ordered to respond to the subpoenas with responses delivered to counsel for Encompass Defendants by no later than 2:00 p.m. (Eastern) on Friday, February 28, 2020. As Plaintiff's position was substantially justified, no fees will be awarded with regard to this motion. As noted in the Courts September 11, 2019, order, no further enlargement of the case management deadlines will be granted. [Dkt. #260 at 2.] *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 2/25/2020. (GD)
February 24, 2020 Opinion or Order Filing 339 ORDER ON MOTION TO COMPEL - The Motion to Compel Production of Documents [Dkt. #313 ] is GRANTED as to Helvetia and DENIED as moot as to Hill-Rom. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2020. (SWM)
February 24, 2020 Opinion or Order Filing 338 REPLY in Support of Motion re #319 MOTION for Protective Order Against Two Subpoenas Issued by Encompass Group, LLC , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Kohel)(Maley, John)
February 20, 2020 Opinion or Order Filing 337 MOTION to Maintain Document Under Seal #336 SEALED Document (Case Participants - doc), #335 SEALED Document (Case Participants - doc) , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
February 20, 2020 Opinion or Order Filing 336 SEALED Exhibit B to Matthew C. Robinson Declaration, re #334 Response in Opposition to Motion, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 20, 2020 Opinion or Order Filing 335 SEALED Exhibit A to Matthew C. Robinson Declaration, re #334 Response in Opposition to Motion, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 20, 2020 Opinion or Order Filing 334 RESPONSE in Opposition re #319 MOTION for Protective Order Against Two Subpoenas Issued by Encompass Group, LLC , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Declaration of Matthew Robinson, #2 Exhibit PLACEHOLDER EXHIBIT A, #3 Exhibit PLACEHOLDER EXHIBIT b)(Poley, Brooks)
February 18, 2020 Opinion or Order Filing 333 MOTION to Maintain Document Under Seal #332 SEALED Document (Case Participants - doc) Under Seal Exhibit K to Declaration of Chelsea Ahmann in Support of Reply Memorandum in Support of Motion to Compel Production of Documents, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
February 18, 2020 Opinion or Order Filing 332 SEALED Exhibit K, re #331 Reply in Support of Motion, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 18, 2020 Opinion or Order Filing 331 REPLY in Support of Motion re #313 MOTION to Compel the Production of Documents , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Chelsea A. Ahmann, #2 Exhibit K PLACEHOLDER FOR UNDER SEAL DOCUMENT, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O, #7 Exhibit P)(Poley, Brooks)
February 17, 2020 Opinion or Order Filing 330 MOTION to Maintain Document Under Seal #329 SEALED Document (Case Participants - doc), #326 SEALED Document (Case Participants - doc), #327 SEALED Document (Case Participants - doc), #328 SEALED Document (Case Participants - doc) , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
February 17, 2020 Opinion or Order Filing 329 SEALED EXHIBIT K, re #324 Motion to Strike, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 17, 2020 Opinion or Order Filing 328 SEALED EXHIBIT I, re #324 Motion to Strike, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 17, 2020 Opinion or Order Filing 327 SEALED EXHIBIT D, re #324 Motion to Strike, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 17, 2020 Opinion or Order Filing 326 SEALED Exhibit B, re #324 Motion to Strike, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 17, 2020 Opinion or Order Filing 325 BRIEF/MEMORANDUM in Support re #324 MOTION to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B - PLACEHOLDER, #4 Exhibit C, #5 Exhibit D - PLACEHOLDER, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I - PLACEHOLDER, #11 Exhibit J, #12 Exhibit K - PLACEHOLDER, #13 Exhibit L, #14 Exhibit M)(Poley, Brooks)
February 17, 2020 Opinion or Order Filing 324 MOTION to Strike Plaintiff's Rebuttal Expert Report of Jeffrey Fischer, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
February 14, 2020 Opinion or Order Filing 323 RESPONSE in Opposition re #313 MOTION to Compel the Production of Documents , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Kohel, #2 Affidavit Declaration of Agdeppa, #3 Affidavit Declaration of Steigele)(Maley, John)
February 14, 2020 Opinion or Order Filing 322 SCHEDULING ORDER: This matter comes before the Court on Plaintiff's Motion for a Protective Order Against Two Subpoenas Issued by Encompass Group, LLC. [Dkt. 319.] Any response to the Motion is due on or before February 20, 2020. Any reply in support of the Motion is due on or before February 24, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 2/14/2020.(SWM)
February 14, 2020 Opinion or Order Filing 321 RESPONSE in Opposition re #313 MOTION to Compel the Production of Documents , filed by Cross Defendant HELVETIA WIRELESS, LLC. (Attachments: #1 Affidavit Declaration of Mr. Steigele, #2 Affidavit Declaration of Mr. Benefield)(Benefield, Michael)
February 13, 2020 Opinion or Order Filing 320 BRIEF/MEMORANDUM in Support re #319 MOTION for Protective Order Against Two Subpoenas Issued by Encompass Group, LLC , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Kohel, #2 Exhibit A to Declaration - Email to Kohel from Robinson dated 11/14/19, #3 Exhibit B to Declaration - Email from Thuente dated 1/6/20, #4 Exhibit C to Declaration - Subpoenas, #5 Exhibit D to Declaration - Subpoenas, #6 Exhibit E to Declaration - Email to Kohel and Barnes from Robinson dated 2/2/20, #7 Exhibit F to Declaration - Subpoenas, #8 Exhibit G to Declaration - Email to Ahmann and Barnes from Kohel dated 2/6/20, #9 Exhibit H to Declaration - Email from Kohel dated 2/10/20)(Maley, John)
February 13, 2020 Opinion or Order Filing 319 MOTION for Protective Order Against Two Subpoenas Issued by Encompass Group, LLC, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
February 12, 2020 Opinion or Order Filing 318 Statement of Claims by HILL-ROM SERVICES, INC.. (Maley, John)
February 12, 2020 Opinion or Order Filing 317 Statement of Claims and Defenses by ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
February 11, 2020 Opinion or Order Filing 316 SCHEDULING ORDER: This matter comes before the Court on #313 Tellisense Medical, LLC, Encompass Group LLC, and Robert Ufford'S Motion to Compel the Production of Documents. Any response to the motion shall be filed on or before February 14, 2020. Any reply in support of the motion shall be filed on or before February 18, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 2/11/2020. (GD)
February 10, 2020 Opinion or Order Filing 315 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Angela Kelver Hall hereby notifies the Clerk of the court of changed contact information. (Hall, Angela)
February 7, 2020 Opinion or Order Filing 314 BRIEF/MEMORANDUM in Support re #313 MOTION to Compel the Production of Documents , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Declaration of Chelsea A. Ahmann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Ahmann, Chelsea)
February 7, 2020 Opinion or Order Filing 313 MOTION to Compel the Production of Documents, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order Proposed Order)(Ahmann, Chelsea)
February 6, 2020 Opinion or Order Filing 312 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Amy Grewal Dunn hereby notifies the Clerk of the court of changed contact information. (Dunn, Amy)
February 4, 2020 Opinion or Order Filing 311 ORDER granting Linda S. Woolf's #310 Motion to Appear pro hac vice on behalf of HILL-ROM SERVICES, INC. If not already registered with the Court's Electronic Filing System, Linda S. Woolf is ordered to register within ten (10) days of the entry of this order. Copy to Linda S. Woolf via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/4/2020. (SWM)
January 31, 2020 Opinion or Order Filing 310 MOTION for Attorney(s) Linda S. Woolf to Appear pro hac vice (Filing fee $100.00, receipt number IP068231), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Cover Letter, #2 Text of Proposed Order, #3 Envelope)(NAD)
January 28, 2020 Opinion or Order Filing 309 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/22/2020. Parties discussed status of discovery. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
January 28, 2020 Opinion or Order Filing 308 REPLY in Support of Motion re #299 MOTION for Sanctions (Hill-Rom Services, Inc.'s Motion for Sanctions Against Encompass Group, LLC for Non-Compliance with the November 18, 2019 Order on Motion to Compel) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
January 23, 2020 Opinion or Order Filing 307 AMENDED PROTECTIVE ORDER #302 Entered as Amended as an Amended Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 1/23/2020.(SWM)
January 22, 2020 Opinion or Order Filing 306 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Michael A. Benefield hereby notifies the Clerk of the court of changed contact information. (Benefield, Michael)
January 21, 2020 Opinion or Order Filing 305 RESPONSE in Opposition re #299 MOTION for Sanctions (Hill-Rom Services, Inc.'s Motion for Sanctions Against Encompass Group, LLC for Non-Compliance with the November 18, 2019 Order on Motion to Compel) , filed by Defendant ENCOMPASS GROUP, LLC. (Attachments: #1 Affidavit of Matthew C. Robinson, #2 Exhibit A-)(Poley, Brooks)
January 16, 2020 Opinion or Order Filing 303 SCHEDULING ORDER: Status Conference set for 1/22/2020 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status and the parties' Supplemental Joint Report on the Status of Discovery filed on January 7, 2020. [Dkt. 301.] Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 1/16/2020.(SWM)
January 15, 2020 Opinion or Order Filing 302 Consent MOTION to Amend/Correct #95 Protective Order , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Protective Order (Dkt. 95), #2 Exhibit B - Protective Order in Arizona Case, #3 Exhibit C - Proposed Amended Protective Order, #4 Exhibit D - Proposed Amended Protective Order with tracked changes, #5 Text of Proposed Order)(Maley, John)
January 7, 2020 Opinion or Order Filing 301 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
January 6, 2020 Opinion or Order Filing 300 BRIEF/MEMORANDUM in Support re #299 MOTION for Sanctions (Hill-Rom Services, Inc.'s Motion for Sanctions Against Encompass Group, LLC for Non-Compliance with the November 18, 2019 Order on Motion to Compel) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of M. Kohel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Maley, John)
January 6, 2020 Opinion or Order Filing 299 MOTION for Sanctions (Hill-Rom Services, Inc.'s Motion for Sanctions Against Encompass Group, LLC for Non-Compliance with the November 18, 2019 Order on Motion to Compel), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
December 12, 2019 Opinion or Order Filing 298 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/12/2019. Parties discussed status of discovery. Parties are reminded that next Supplemental Joint Report on Status of Discovery is due 1/7/2020. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 12, 2019 Opinion or Order Filing 297 ORDER ON MOTION TO COMPEL: The Motion to Compel Answer to Interrogatories Propounded on Hill-Rom Services, Inc., [Dkt. #286 ], is GRANTED IN PART and DENIED IN PART. Hill-Rom shall provide a complete and unequivocal response to Interrogatory No. 25 on or before December 23, 2019. Because the motion is granted in part and denied in part, the Court has discretion to "apportion the reasonable expenses for the motion." See Fed. R. Civ. Pro. 37(a)(5)(C). However, because Encompass and Ufford filed the motion without awaiting the supplemental responses promised by Hill-Rom, and because the position of Encompass and Ufford was substantially justified with regard to Interrogatory No. 21, the Court declines to award expenses to either side. See Fed. R. Civ. Pro. 37(a)(5)(A). See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 12/12/2019. (SWM)
December 10, 2019 Opinion or Order Filing 296 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
December 9, 2019 Opinion or Order Filing 294 REPLY in Support of Motion re #286 MOTION to Compel Answers to Interrogatories Propunded on Hill-Rom Services, Inc. , filed by Defendants ENCOMPASS GROUP, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Second Declaration of Matthew C. Robinson, #2 Exhibit G- Email Correspondence Summarizing Meet and Confer dated 11-21-19)(Robinson, Matthew)
December 5, 2019 Opinion or Order Filing 293 RESPONSE in Opposition re #286 MOTION to Compel Answers to Interrogatories Propunded on Hill-Rom Services, Inc. , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit Declaration of Matthew D. Kohel, #2 Exhibit A to Declaration of Kohel, #3 Exhibit B to Declaration of Kohel, #4 Exhibit C to Declaration of Kohel, #5 Exhibit D to Declaration of Kohel, #6 Exhibit E to Declaration of Kohel, #7 Affidavit Declaration of David Ribble)(Maley, John)
December 4, 2019 Opinion or Order Filing 292 Exhibit List , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Witness List , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
December 4, 2019 Opinion or Order Filing 291 Exhibit List (Final), filed by Plaintiff HILL-ROM SERVICES, INC., Witness List (Final), filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
November 26, 2019 Opinion or Order Filing 290 SCHEDULING ORDER re #286 MOTION to Compel. Any response to the Motion is due on or before 12/5/2019. Any reply in support of the Motion is due on or before 12/9/2019. Signed by Magistrate Judge Mark J. Dinsmore on 11/26/2019.(CBU)
November 26, 2019 Opinion or Order Filing 289 ENTRY re #288 Letter from ENCOMPASS GROUP, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 11/26/2019.(CBU)
November 25, 2019 Opinion or Order Filing 288 Submission /Lettter to Honorable Judge Dismore, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
November 22, 2019 Opinion or Order Filing 287 BRIEF/MEMORANDUM in Support re #286 MOTION to Compel Answers to Interrogatories Propunded on Hill-Rom Services, Inc. , filed by Defendants ENCOMPASS GROUP, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit of Matthew Robinson, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Poley, Brooks) Modified on 11/25/2019 - Deleted reference to parties in docket text not listed in motion(NAD).
November 22, 2019 Opinion or Order Filing 286 MOTION to Compel Answers to Interrogatories Propunded on Hill-Rom Services, Inc., filed by Defendants ENCOMPASS GROUP, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks) Modified on 11/25/2019 - Deleted reference to parties in docket text not listed in motion(NAD).
November 18, 2019 Opinion or Order Filing 284 ORDER granting Plaintiff's #273 Motion to Compel. See Order for details. Finally, because Encompass's position regarding the appropriate timing of responses to contention interrogatories is supported in the cases it cited, the Court finds that its position was substantially justified, and accordingly DENIES Hill-Rom's request for attorney fees, notwithstanding the fact that Hill-Rom prevailed on the motion. Signed by Magistrate Judge Mark J. Dinsmore on 11/18/2019. (SWM)
November 14, 2019 Opinion or Order Filing 285 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 11/14/2019. Parties discussed status of discovery. Telephonic Status Conference set for 12/12/2019 at 10:30 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 12/10/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
November 12, 2019 Opinion or Order Filing 283 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
November 12, 2019 Opinion or Order Filing 282 REPLY in Support of Motion re #273 MOTION to Compel Answers to Interrogatories Propounded on Encompass Group, LLC , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Declaration of Matthew D. Kohel)(Maley, John)
November 7, 2019 Opinion or Order Filing 281 RESPONSE in Opposition re #273 MOTION to Compel Answers to Interrogatories Propounded on Encompass Group, LLC , filed by Defendant ENCOMPASS GROUP, LLC. (Attachments: #1 Affidavit Declaration of Chelsea A. Ahmann, #2 Exhibit A - Email between Ms. Ahmann and Mr. Kohel, #3 Exhibit B - REDACTED Ufford's Answers to Hill-Rom's First Set of Interrogatories, #4 Exhibit C - REDACTED Hill-Rom's Supp. Answers to Helvetia and Lastinger's Interrogatories, #5 Exhibit D - REDACTED Hill-Rom's Answers to Ufford's Second Set of Interrogatories, #6 Exhibit E - Tellisense Responses to Hill-Rom's First Requests for Admission, #7 Exhibit F - Ufford's Answers to Hill-Rom's First Requests for Admission, #8 Exhibit G - Excerpts from Transcript of 30(B)(6) Deposition of Tellisense, #9 Exhibit H - Exerpts from Transcript of 30(B)(6) Deposition of Encompass Group)(Poley, Brooks)
November 4, 2019 Opinion or Order Filing 279 NOTICE of Appearance by Mary S. Riverso on behalf of Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Riverso, Mary)
November 4, 2019 Opinion or Order Filing 278 NOTICE of Appearance by Lisa Ellingson on behalf of Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC. (Ellingson, Lisa)
October 31, 2019 Opinion or Order Filing 277 SCHEDULING ORDER: This matter comes before the Court on Hill-Rom Services, Inc.'s Motion to Compel Answers to Interrogatories Propounded on Encompass Group, LLC. [Dkt. 273.] Any response to the Motion is due on or before November 7, 2019. Any reply in support of the Motion is due on or before November 12, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2019.(SWM)
October 31, 2019 Opinion or Order Filing 276 ORDER granting #272 Motion to Appear pro hac vice. Attorney Lisa Ellingson for ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and for ROBERT UFFORD added If not already registered with the Court's Electronic Filing System, Lisa B. Ellingson is ordered to register within ten (10) days of the entry of this order. Copy to Lisa B. Ellingson via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2019. (SWM)
October 31, 2019 Opinion or Order Filing 275 ORDER granting #271 Motion to Appear pro hac vice. Attorney Mary S. Riverso for ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and ROBERT UFFORD added. If not already registered with the Court's Electronic Filing System, Mary S. Riverso is ordered to register within ten (10) days of the entry of this order. Copy to Mary S. Riverso via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 10/31/2019. (SWM)
October 30, 2019 Opinion or Order Filing 274 BRIEF/MEMORANDUM in Support re #273 MOTION to Compel Answers to Interrogatories Propounded on Encompass Group, LLC , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Third Set of Interrogatories to Encompass Group, #2 Exhibit B - Encompass Group Second Supplemental Answers to Third Interrogatories, #3 Exhibit C - 10/10/19 Email)(Maley, John)
October 30, 2019 Opinion or Order Filing 273 MOTION to Compel Answers to Interrogatories Propounded on Encompass Group, LLC, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 30, 2019 Opinion or Order Filing 272 MOTION for Attorney(s) Lisa B. Ellingson to Appear pro hac vice (Filing fee $100, receipt number 0756-5700426), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit A - Certification of Lisa Ellingson, #2 Text of Proposed Order Granting Pro Hac Vice of Lisa Ellingson)(Hall, Angela)
October 30, 2019 Opinion or Order Filing 271 MOTION for Attorney(s) Mary S. Riverso to Appear pro hac vice (Filing fee $100, receipt number 0756-5699922), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit A - Certification of Mary S. Riverso in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Hall, Angela)
October 16, 2019 Opinion or Order Filing 270 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/16/2019. Parties discussed status of discovery. While parties' obligations to meet-and-confer prior to filing of any discovery motions remains unchanged, parties are relieved of any further obligation to conduct telephonic conference with Magistrate Judge prior to filing of motion to compel and/or motion for protective order as required by Local Rule 37-1. Parties are again reminded that current case deadlines will not be further enlarged. [Dkt. #260 at 2.] Telephonic Status Conference set for 11/14/2019 at 1:30 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 11/12/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 15, 2019 Opinion or Order Filing 269 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
September 26, 2019 Opinion or Order Filing 267 ORDER granting Defendant Helvetia Wireless, LLC's #242 Motion to Seal. The Clerk is directed to PERMANENTLY SEAL Docket No. 241. Signed by Magistrate Judge Mark J. Dinsmore on 9/26/2019. (SWM)
September 23, 2019 Opinion or Order Filing 266 ORDER - granting #264 Motion for Continuance. The parties' Consent Motion to Continue Trial Date is GRANTED. The final pretrial set July 15, 2020 is RESCHEDULED to December 16, 2020 at 10:00 a.m. in Room 330. The final pretrial conference is for attorneys only. The jury trial set August 10, 2020 is RESCHEDULED to commence in January 11, 2021 at 10:00 a.m. in Courtroom 344, Birch Bayh Federal Building and U.S. Courthouse, Indianapolis, Indiana. Signed by Judge Tanya Walton Pratt on 9/23/2019.(NAD)
September 20, 2019 Opinion or Order Filing 264 MOTION for Continuance of Trial Date, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
September 18, 2019 Opinion or Order Filing 265 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/18/2019. Parties discussed status of discovery. Parties are authorized to file motions to compel complete responses to their discovery requests to Helvetia Wireless, LLC without further requirement for telephone conference with Magistrate Judge; all other meet-and-confer obligations in Local Rule 37-1 remain in effect. Telephonic Status Conference set for 10/16/2019 at 5:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 10/15/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 16, 2019 Opinion or Order Filing 262 STATUS REPORT (Supplemental Joint Report on the Status of Discovery by HILL-ROM SERVICES, INC.. (Maley, John)
September 11, 2019 Opinion or Order Filing 261 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Angela Kelver Hall hereby notifies the Clerk of the court of changed contact information. (Hall, Angela)
September 11, 2019 Opinion or Order Filing 260 ORDER granting in part and denying in part Defendants Tellisense Medical, LLC, Encompass Group LLC, & Robert Ufford's #251 Motion to Extend Case Management Deadlines. See Order for established deadlines. NO FURTHER ENLARGEMENT OF THESE DEADLINES WILL BE GRANTED. On or before September 20, 2019, the parties shall file a joint motion to continue the trial of this matter to in or after December, 2020; the motion shall include the parties' updated estimate of the length of any trial. Signed by Magistrate Judge Mark J. Dinsmore on 9/11/2019.(SWM)
September 10, 2019 Opinion or Order Filing 259 RESPONSE , re #258 NOTICE of Parties' First Extension of Time, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
September 9, 2019 Opinion or Order Filing 258 NOTICE of Parties' First Extension of Time, filed by Cross Defendant HELVETIA WIRELESS, LLC. (Benefield, Michael)
August 26, 2019 Opinion or Order Filing 257 REPLY in Support of Motion re #251 MOTION for Extension of Time to 90 days Regarding Case Management Deadlines , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit)(Poley, Brooks)
August 23, 2019 Opinion or Order Filing 255 RESPONSE in Opposition re #251 MOTION for Extension of Time to 90 days Regarding Case Management Deadlines , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
August 22, 2019 Opinion or Order Filing 254 RESPONSE to Motion re #251 MOTION for Extension of Time to 90 days Regarding Case Management Deadlines , filed by Cross Defendant HELVETIA WIRELESS, LLC. (Benefield, Michael)
August 21, 2019 Opinion or Order Filing 256 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/21/2019. Parties discussed status of discovery. As result of dismissal of Helvetia Wireless, LLC & Roc Lastinger, Helvetia & Roc Lastinger's motion to dismiss second amended complaint [Dkt. #158 ], request to take judicial notice [Dkt. #160 ], and request for attorneys' fees and expenses [Dkt. #210 ] are now moot; accordingly, those motions are hereby DENIED AS MOOT. Telephonic Status Conference set for 9/18/2019 at 4:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 9/16/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 21, 2019 Opinion or Order Filing 253 SCHEDULING ORDER: This matter comes before the Court on #251 Defendants' Motion to Extend Case Management Deadlines. Any response to the Motion is due on or before August 23, 2019. Any reply in support of the Motion is due on or before August 26, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 8/21/2019. (GD)
August 21, 2019 Opinion or Order Filing 252 BRIEF/MEMORANDUM in Support re #251 MOTION for Extension of Time to 90 days Regarding Case Management Deadlines , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Matthew C. Robinson, #2 Exhibit A-E)(Poley, Brooks)
August 21, 2019 Opinion or Order Filing 251 MOTION for Extension of Time to 90 days Regarding Case Management Deadlines, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Cross Claimants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
August 19, 2019 Opinion or Order Filing 250 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
August 19, 2019 Opinion or Order Filing 249 MARGINAL ENTRY - Acknowledging #248 Notice of Voluntary Dismissal. Signed by Judge Tanya Walton Pratt on 8/19/2019.(NAD)
August 16, 2019 Opinion or Order Filing 248 NOTICE of Voluntary Dismissal as to Defendants Helvetia Wireless, LLC, Roc Lastinger and the Estate of Roc Lastinger, filed by Plaintiff HILL-ROM SERVICES, INC. (Maley, John)
August 15, 2019 Opinion or Order Filing 247 NOTICE of Parties' First Extension of Time, filed by Cross Defendant HELVETIA WIRELESS, LLC, Defendant HELVETIA WIRELESS, LLC. (Benefield, Michael)
August 14, 2019 Opinion or Order Filing 246 NOTICE of Appearance by Michael A. Benefield on behalf of Cross Defendant HELVETIA WIRELESS, LLC, Defendant HELVETIA WIRELESS, LLC. (Benefield, Michael)
August 9, 2019 Opinion or Order Filing 245 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 8/9/2019. Parties discussed Plaintiff's issues with certain categories of Rule 30(b)(6) deposition notice served by Defendants. Plaintiff was authorized to file motion for protective order if it deems such appropriate in light of guidance provided by Court. Parties are reminded that telephonic status conference set for August 21, 2019 at 4:00 p.m. (Eastern) remains on calendar as scheduled. [Dkt. #237 at 1.] Parties shall attend conference by calling 877-336-1839, Access Code 4951264, Security Code 174725. Signed by Magistrate Judge Mark J. Dinsmore. (Distribution via U.S. Mail to Defendant Helvetia Wireless, LLC c/o Karl Steigele.) (GD)
August 1, 2019 Opinion or Order Filing 244 ORDER granting #223 and #234 Motion(s) to Withdraw Attorney Appearance. Attorney Nathan Daniel Shaffer, Annette L. Hurst and Craig Morris McKee withdrawn on behalf of Defendant Helvetia Wireless, LLC. The Clerk is directed to update the docket with Defendant Helvetia Wireless, LLC's mailing address consistent with the distribution of this Order. As a corporate entity, Helvetia Wireless, LLC must be represented by counsel for this matter to proceed. Nocula v. UGS Corp., 520 F.3d 719, 725 (7th Cir. 2008). Accordingly, the Court hereby orders Defendant Helvetia Wireless, LLC to obtain new counsel and for such counsel to enter an appearance on behalf of Defendant Helvetia Wireless, LLC by no later than August 21, 2019. See Order for additional information. Copy to HELVETIA WIRELESS, LLC c/o Karl Steigele via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 8/1/2019. (SWM)
July 31, 2019 Opinion or Order Filing 243 BRIEF/MEMORANDUM in Support re #242 MOTION to Maintain Document Under Seal #241 SEALED Document (Case Participants - doc) , filed by Movants Annette L. Hurst, Nathan Shaffer. (Shaffer, Nathan)
July 31, 2019 Opinion or Order Filing 242 MOTION to Maintain Document Under Seal #241 SEALED Document (Case Participants - doc) , filed by Movants Annette L. Hurst, Nathan Shaffer. (Attachments: #1 Text of Proposed Order)(Shaffer, Nathan)
July 31, 2019 Opinion or Order Filing 241 *** SEALED PER ORDER DATED 9/26/2019 *** SEALED Exhibit A, re #240 Notice (Other), filed by Movants Annette L. Hurst, Nathan Shaffer. (Shaffer, Nathan) Modified on 9/26/2019 (SWM).
July 31, 2019 Opinion or Order Filing 240 NOTICE , filed by Movants Nathan Shaffer, Annette L. Hurst, re #232 Order. (Attachments: #1 Exhibit A (REDACTED)) (Shaffer, Nathan)
July 26, 2019 Opinion or Order Filing 239 ANSWER to #143 Amended Complaint , CROSSCLAIM against HELVETIA WIRELESS, LLC, filed by ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD.(Poley, Brooks)
July 25, 2019 Opinion or Order Filing 238 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Ex Parte Telephonic Hearing held on 7/25/2019 re counsel for Defendant Helvetia Wireless, LLC's motions to withdraw. [ #234 & #234 .] Defendant Helvetia Wireless, LLC appeared by its Chief Executive Officer, Karl Steigele, along with its counsel of record, Craig McKee, Annette Hurst, and Nathan Shaffer. Following Court's discussion with counsel and Mr. Steigele, counsels' motion to withdraw were taken under advisement. Signed by Magistrate Judge Mark J. Dinsmore. (Additional copy mailed to Defendant Helvetia Wireless c/o Karl Steigele.) (GD)
July 19, 2019 Opinion or Order Filing 235 Submission of Proposed Order , re #234 MOTION to Withdraw Attorney Appearance , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (McKee, Craig)
July 18, 2019 Opinion or Order Filing 236 ORDER granting and taking under advisement [223 and 234] Motions to Withdraw Attorney Appearance. In light of the recent death of Mr. Lastinger, the motions are GRANTED to him. The motions to withdraw are also GRANTED as to Mr. Woodbury, who has been dismissed from this case. With regard to Helvetia Wireless LLC the motions are TAKEN UNDER ADVISEMENT and a telephonic EXPARTE Motion Hearing is set for 7/25/2019 at 10:00 AM before Magistrate Judge Mark J. Dinsmore. (See Order). Signed by Magistrate Judge Mark J. Dinsmore on 7/18/2019.(CBU)
July 18, 2019 Opinion or Order Filing 234 MOTION to Withdraw Attorney Appearance , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Attachments: #1 Exhibit)(McKee, Craig)
July 17, 2019 Opinion or Order Filing 237 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/11/2019. Parties discussed status of discovery. Telephonic Status Conference set for 8/21/2019 at 4:00 PM (Eastern Time) to discuss case status & parties next Supplemental Joint Report on Status of Discovery, which is now due 8/19/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
July 17, 2019 Opinion or Order Filing 233 ORDER ON VARIOUS MOTIONS: First, counsel for Defendant Roc Lastinger recently reported to the Court that Mr. Lastinger died last month. In light of his death, the Plaintiff has moved for a thirty-day stay of this case and a thirty-day extension of all deadlines in hopes that it will be able to substitute Mr. Lastinger's estate, which has not yet been opened, as a Defendant. [Dkt. #221 .] The motion to stay is DENIED; however, the motion is GRANTED IN PART, in that the approved Case Management Plan as amended [Dkts. 50, 129, & 155] is hereby amended as follows (see Order for established deadlines). The Encompass Defendants and the Plaintiff have filed an agreed motion to enlarge the time for the Encompass Defendants to respond to the Plaintiff's Second Amended Complaint. [Dkt. #229 .] That motion is hereby GRANTED and Defendants Tellisense Medical, LLC, Encompass Group LLC, and Robert Ufford shall have to and including July 31, 2019, to respond to the Plaintiff's Second Amended Complaint. No further enlargement of that deadline will be granted. In light of the above ruling extending deadlines, the Plaintiff's motion for extension of expert disclosure deadlines [Dkt. #230 ] is DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 7/17/2019.(SWM)
July 17, 2019 Opinion or Order Filing 232 ORDER REGARDING DEATH CERTIFICATE OF ROC LASTINGER: Pursuant to Arizona Administrative Code R9-19-314(B) (10), attorneys Annette L. Hurst and Nathan D. Shaffer are designated by this order to receive a copy of Roc Lastinger's death certificate from the State of Arizona. Attorneys Hurst and/or Shaffer are directed to notify the Court when Mr. Lastinger's death certificate has been received. Signed by Magistrate Judge Mark J. Dinsmore on 7/17/2019.(SWM)
July 12, 2019 Opinion or Order Filing 231 Submission of Proposed Order for Extension of Time to Answer or Otherwise Respond to Plaintiff's Second Amended Complaint, re #229 , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
July 11, 2019 Opinion or Order Filing 230 MOTION for Extension of Time to 7/22/2019 (Partial Consent Motion for Extension of Expert Disclosure Deadlines), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
July 11, 2019 Opinion or Order Filing 229 STIPULATION for Extension of Time to Answer Second Amended Complaint, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks) Modified on 7/12/2019 - Edited for administrative purposes (NAD).
July 8, 2019 Opinion or Order Filing 228 STATUS REPORT (Supplemental Partial Joint Report on Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
July 8, 2019 Opinion or Order Filing 227 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (NAD)
July 8, 2019 Opinion or Order Filing 226 SCHEDULING ORDER - This case has been reassigned to District Judge Tanya Walton Pratt. This matter is now set for final pretrial conference on July 15, 2020 at 11:00 a.m. in Room 330, and trial by jury to commence on August 10, 2020 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The final pretrial conference is for attorneys only. At the final pretrial conference, Counsel shall be prepared to discuss the status of the action, including all matters requiring completion prior to trial. Counsel shall review the Court's Courtroom Procedures and Trial Practice. Signed by Judge Tanya Walton Pratt on 7/8/2019.(NAD)
July 3, 2019 Opinion or Order Filing 224 CERTIFICATE OF SERVICE by Annette L. Hurst, Orrick, Herrington & Sutcliffe LLP, Nathan Shaffer re #223 MOTION to Withdraw Attorney Appearance , CORRECTION of Dkt. #222 , Service on Helvetia Wireless, B. Woodbury, and M. Lastinger (Hurst, Annette)
July 2, 2019 Opinion or Order Filing 223 MOTION to Withdraw Attorney Appearance , CORRECTION of Dkt. #222 , filed by Movants Orrick, Herrington & Sutcliffe LLP, Annette L. Hurst, Nathan Shaffer. (Attachments: #1 Text of Proposed Order)(Hurst, Annette) Modified on 7/25/2019 (GD).
July 2, 2019 Opinion or Order Filing 222 PLEASE DISREGARD DOCKETED IN ERROR SEE DKT. 223 MOTION to Withdraw Attorney Appearance , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Attachments: #1 Text of Proposed Order)(Hurst, Annette) Modified on 7/3/2019 (NLR).
July 2, 2019 Opinion or Order Filing 221 MOTION to Stay , MOTION for Extension of Time to 8/15/19 (Partial Consent Motion for 30-Day Stay and Extension of All Deadlines), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
July 1, 2019 Opinion or Order Filing 220 ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned from Judge William T. Lawrence to newly assigned Judge Tanya Walton Pratt. Please included the new case number, 1:17-cv-04725-TWP-MJD on all future filings in this matter.Signed by Judge Jane Magnus-Stinson on 7/1/2019. (NLR)
June 27, 2019 Opinion or Order Filing 219 ORDER granting in part and denying in part #156 Encomppass Group, LLC, Tellisense Medical, LLC and Robert Ufford Motion to Dismiss for Failure to State a Claim (See Order for additional information). Signed by Judge William T. Lawrence on 6/27/2019. (CBU)
June 24, 2019 Opinion or Order Filing 218 NOTICE of Joinder to Defendants Helvetia Wireless, LLC and Roc Lastinger's Motion to Dismiss, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction. (Poley, Brooks)
June 18, 2019 Opinion or Order Filing 217 REPLY in Support of Motion re #210 Helvetia's Request for Attorneys' Fees, filed by Defendant HELVETIA WIRELESS, LLC. (Attachments: #1 Supplemental Declaration of Nathan Shaffer)(Shaffer, Nathan)
June 18, 2019 Opinion or Order Filing 216 NOTICE DEFENDANT HELVETIA WIRELESS, LLC'S RULE 25 (A) SUGGESTION OF DEATH OF DEFENDANT ROC LASTINGER, filed by Defendant HELVETIA WIRELESS, LLC (Hurst, Annette)
June 13, 2019 Opinion or Order Filing 214 NOTICE (Plaintiff's Notice of Withdrawal of Motion for Preliminary Injunction without Prejudice to Renew), filed by Plaintiff HILL-ROM SERVICES, INC., re #201 MOTION for Preliminary Injunction . (Maley, John)
June 12, 2019 Opinion or Order Filing 215 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/12/2019. Parties discussed status of discovery. Plaintiff and Defendants Helvetia Wireless, LLC and Roc Lastinger's Joint Motion to Enlarge Briefing Schedule on Plaintiff's Motion for Preliminary Injunction #209 is hereby GRANTED. Plaintiff's Brief in Support of Motion for Preliminary Injunction due by 6/14/2019; Defendants Helvetia Wireless, LLC and Roc Lastinger's Response due by 6/28/2019; Plaintiff's Reply due by 7/9/2019. Telephonic Status Conference set for 7/11/2019 at 9:30 AM (Eastern Time) to discuss case status & parties' next Supplemental Report on Status of Discovery due 7/8/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 11, 2019 Opinion or Order Filing 213 RESPONSE in Opposition re #210 Helvetia's Request for Attorneys' Fees and Expenses, filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
June 10, 2019 Opinion or Order Filing 212 STATUS REPORT (Eleventh Supplemental Joint Report on Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
May 28, 2019 Opinion or Order Filing 210 Submission to Request Reasonable Expenses per Dkt. #204 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Shaffer Declaration)(Shaffer, Nathan) Modified on 5/29/2019 to indicate filing is a motion (APD).
May 28, 2019 Opinion or Order Filing 209 MOTION for Extension of Time to 6/14/19 (Joint Motion to Enlarge Briefing Schedule on Plaintiff's Motion for Preliminary Injunction), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
May 21, 2019 Opinion or Order Filing 208 STIPULATION for Automatic Extension of Plaintiff's Time to Respond to Written Discovery, filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
May 15, 2019 Opinion or Order Filing 207 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/15/2019. Parties discussed status of discovery. Plaintiff was authorized to file motion to compel with regard to matters set forth in Section III of parties' Tenth Supplemental Joint Report on Status of Discovery. [ #205 at 3.] Court instructs Plaintiff to file brief in support of #201 Motion for Preliminary Injunction by May 31, 2019; Defendants Helvetia Wireless & Roc Lastinger's Response due by June 14, 2019; Plaintiff's Reply due by June 25, 2019. Telephonic Status Conference set for 6/12/2019 at 11:30 AM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due June 10, 2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 14, 2019 Opinion or Order Filing 206 MARGINAL ENTRY - Denied as Moot in re #187 in light of dkt #203 . Signed by Judge William T. Lawrence on 5/14/2019. (CKM)
May 13, 2019 Opinion or Order Filing 205 STATUS REPORT Tenth Supplemental Joint Report on the Status of Discovery by HILL-ROM SERVICES, INC.. (Maley, John)
May 13, 2019 Opinion or Order Filing 204 ORDER denying Plaintiff's #124 Motion to Compel. Helvetia may file a request for its reasonable expenses for the motion, to include attorneys' fees incurred, within fourteen (14) days of the date of this Order; Hill-Rom shall have fourteen (14) days to respond, and Helvetia shall have seven (7) days to file any reply. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 5/13/2019. (SWM)
May 10, 2019 Opinion or Order Filing 203 ORDER ON MOTION TO STAY: This matter is before the Court on #161 Defendants Helvetia Wireless, LLC and Roc Lastinger's Motion to Stay. The Court prefers to avoid any further delay in the resolution of this case. The balance clearly and distinctly weighs in favor of this matter proceeding as expeditiously as possible. Therefore, the Court will exercise its discretion to DENY #161 Helvetia's Motion to Stay. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 5/10/2019. (GD)
May 2, 2019 Opinion or Order Filing 201 ***Withdrawn per #214 Notice of Withdrawal of Motion*** MOTION for Preliminary Injunction , filed by Plaintiff HILL-ROM SERVICES, INC. (Maley, John) Modified on 6/14/2019 to indicate motion has been withdrawn (APD).
April 23, 2019 Opinion or Order Filing 200 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/17/2019. Parties discussed status of discovery. Plaintiff may file motion to compel, without requirement for further Local Rule 37-1 conference with Court, if Defendants Helvetia Wireless, LLC and Roc Lastinger fail to appear for their depositions currently scheduled on April 25 and 26, 2019. Court hereby clarifies that Helvetia Defendants' responses to Plaintiff's Second Requests for Production served on or about August 23, 2018 are due by no later than May 1, 2019; Plaintiff may file motion to compel those responses, without requirement for further Local Rule 37-1 conference with Court, if Helvetia Defendants fail to respond as ordered. Telephonic Status Conference set for 5/15/2019 at 2:00 PM (Eastern Time) to discuss case status & parties' next Supplemental Report on Status of Discovery due 5/13/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
April 15, 2019 Opinion or Order Filing 199 STATUS REPORT (Ninth Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
April 11, 2019 Opinion or Order Filing 198 RESPONSE re Hill-Rom's Opposition #196 and In Support of Helvetia Defendants' Rule 72 Objection #187 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Hurst, Annette)
April 3, 2019 Opinion or Order Filing 197 ORDER: This matter comes before the Court on Helvetia Defendants' Notice of Unavailability and Request to Reschedule Discovery Conference. [Dkt. #194 .] The Court, being duly advised, hereby GRANTS the request. The in- person status conference set for April 9, 2019 at 12:00 p.m. is hereby CONTINUED to Wednesday, April 17, 2019 at 9:00 a.m. (Eastern), in Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. The parties shall file an updated Supplemental Joint Report on the Status of discovery on or before April 15, 2019. All other requirements of the Court's order dated March 7, 2019 [Dkt. #185 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/3/2019.(SWM)
April 3, 2019 Opinion or Order Filing 196 RESPONSE (Plaintiff's Response to Helvetia's and Lastinger's Untimely Rule 72 Objection to Magistrate Judge Order), filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
April 2, 2019 Opinion or Order Filing 195 STATUS REPORT (Eighth Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
March 29, 2019 Opinion or Order Filing 194 NOTICE OF UNAVAILABILITY AND REQUEST TO RESCHEDULE DISCOVERY CONFERENCE, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, re #192 Scheduling Order. (Hurst, Annette) Modified on 4/1/2019 to indicate filing contains a motion to continue (APD).
March 28, 2019 Opinion or Order Filing 193 ORDER granting #188 Motion to Appear pro hac vice. Attorney Matthew C. Robinson for ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and ROBERT UFFORD added. If not already registered with the Court's Electronic Filing System, Matthew C. Robinson is ordered to register within ten (10) days of the entry of this order. Copy to Matthew C. Robinson via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/28/2019. (SWM)
March 27, 2019 Opinion or Order Filing 192 AMENDED SCHEDULING ORDER: The Court, sua sponte, hereby RESCHEDULES the telephonic status conference currently set for April 8, 2019 at 12:45 p.m. to an in-person status conference on Tuesday, April 9, 2019 at 12:00 p.m. (Eastern), in Room 257, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. All other requirements of the Court's order dated March 7, 2019 [Dkt. #185 ] remain in effect, and the parties are reminded that their next Supplemental Joint Report on the Status of Discovery is due on April 2, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 3/27/2019.(SWM)
March 25, 2019 Opinion or Order Filing 191 RECEIPT #IP064435 for Pro Hac Vice fee in the amount of $100.00, paid by Faegre Baker Daniels for Matthew Robinson. (HET)
March 22, 2019 Opinion or Order Filing 190 REDACTED Exhibit A to #177 Brief/Memorandum in Support by ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and ROBERT UFFORD. (SWM)
March 22, 2019 Opinion or Order Filing 188 MOTION for Attorney(s) Matthew C. Robinson to Appear pro hac vice (No fee paid with this filing), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit A Certification of Matthew C. Robinson in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Dunn, Amy)
March 21, 2019 Opinion or Order Filing 189 ORDER: This matter comes before the Court on the parties' Joint Motion to Substitute Exhibit. [Dkt. #181 .] The Court, being duly advised, hereby GRANTS the motion. The Clerk is directed to show Docket No. 178 as WITHDRAWN, REPLACED BY DOCKET NO. 181- 1 and to permanently maintain Docket No. 178 UNDER SEAL. Docket No. 181-1 is hereby substituted as Exhibit A to Declaration of Brooks Poley. Accordingly, Defendants Encompass Group, Tellisense Medical, and Robert Ufford's Motion to Maintain Under Seal [Dkt. #179 ] is hereby DENIED AS MOOT. Likewise, Defendants Helvetia Wireless and Roc Lastinger's Motion for Extension of Time to Respond to Hill- Rom's Brief in Support of Maintaining Exhibit Under Seal [Dkt. #186 ] is also DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2019. (SWM)
March 20, 2019 Opinion or Order Filing 187 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by HELVETIA WIRELESS, LLC, ROC LASTINGER re #185 Status ConferenceSet Hearings (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
March 19, 2019 Opinion or Order Filing 186 Consent MOTION for Extension of Time to in which to #184 Brief/Memorandum in Support Pending Resolution of Joint Motion #181 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
March 7, 2019 Opinion or Order Filing 185 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/7/2019. Parties discussed status of discovery. Court reiterated its January 15, 2019 order #163 that all discovery in this matter is to proceed notwithstanding pendency of Defendants Helvetia Wireless & Roc Lastinger's Notice of Motion & Motion to Stay All Proceedings Pending Outcome of Dispositive Motion #161 , whether discovery was served prior to or after that motion was filed. Telephonic Status Conference set for 4/8/2019 at 12:45 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 4/2/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
March 5, 2019 Opinion or Order Filing 184 BRIEF/MEMORANDUM in Support re #179 MOTION To Maintain Under Seal Exhibit A to Declarlation of Brooks Poley (Brief in Support of Maintaining Portion of Exhibit A Under Seal), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit 1 - Redacted Document, #2 Exhibit 2 - Declaration of David Ribble, #3 Text of Proposed Order)(Maley, John)
March 5, 2019 Opinion or Order Filing 183 STATUS REPORT (Seventh Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
February 28, 2019 Opinion or Order Filing 181 Joint MOTION to Substitute Redacted Exhibit, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit Redacted Exhibit, #2 Text of Proposed Order)(Maley, John)
February 19, 2019 Opinion or Order Filing 180 REPLY in Support of Motion re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Hurst, Annette)
February 19, 2019 Opinion or Order Filing 179 MOTION To Maintain Under Seal Exhibit A to Declarlation of Brooks Poley, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
February 19, 2019 Opinion or Order Filing 178 *** WITHDRAWN, REPLACED BY DOCKET NO. 181-1 and SEALED PER ORDER DATED 3/21/2019 (Dkt. #189 *** SEALED REPLY in support of Motion re #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEALED Exhibit A to Declaration of Brooks Poley, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks) Modified on 3/22/2019 (SWM).
February 19, 2019 Opinion or Order Filing 177 BRIEF/MEMORANDUM in Support Reply in Support of Motion re #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit of Brooks Poley in Support of Encompass Defendants' Motion to Dismiss Second Amended Complaint, #2 Exhibit A- Placeholder for Exhibit A FILED UNDER SEAL)(Poley, Brooks)
February 12, 2019 Opinion or Order Filing 176 RESPONSE in Opposition re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Hill-Rom Supplemental Answers to Interrogatories, #2 Affidavit Declaration of Matthew Kohel)(Maley, John)
February 12, 2019 Opinion or Order Filing 175 RESPONSE in Opposition re #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
February 8, 2019 Opinion or Order Filing 173 Surreply re #124 MOTION to Compel , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Shaffer Declaration, #2 Exhibit A to Shaffer Decl., #3 Supplemental Lastinger Declaration)(Hurst, Annette)
February 7, 2019 Opinion or Order Filing 174 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/7/2019. Parties discussed status of discovery. Telephonic Status Conference set for 3/7/2019 at 3:30 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 3/5/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 5, 2019 Opinion or Order Filing 172 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Hearing held on 2/4/2019 re #124 Plaintiff's motion to compel. Arguments heard by Plaintiff & Helvetia Defendants. On or before February 12, 2019, Helvetia Defendants are hereby ordered to provide copies of actual transmissions to attorney of which documents at issue in Plaintiff's motion are prior drafts to Magistrate Judge for in camera review. Plaintiff's motion #124 remains under advisement. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
February 5, 2019 Opinion or Order Filing 171 STATUS REPORT (Sixth Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
February 1, 2019 Opinion or Order Filing 169 REPLY in Support of Motion re #161 MOTION to Stay Pending Resolution of Dispositive Motion #158 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Hurst, Annette)
January 29, 2019 Opinion or Order Filing 168 REPLY in Support of Motion re #124 MOTION to Compel , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Maley, John)
January 25, 2019 Opinion or Order Filing 167 RESPONSE in Opposition re #161 MOTION to Stay Pending Resolution of Dispositive Motion #158 , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
January 22, 2019 Opinion or Order Filing 166 RESPONSE in Opposition re #124 MOTION to Compel and Request for Fees and Costs, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order, #2 Declaration of Roc Lastinger, #3 Declaration of Lawrence Letham)(Hurst, Annette)
January 22, 2019 Opinion or Order Filing 165 ORDER granting Plaintiff's #164 Motion for Extension of Time to File Response to 2/12/2019 re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdictionand #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Defendants' Replies in support of their Motions to Dismiss shall be due on or before 2/19/2019. Signed by Magistrate Judge Mark J. Dinsmore on 1/22/2019. (SWM)
January 18, 2019 Opinion or Order Filing 164 MOTION for Extension of Time to File Response to 2/12/19 re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction, #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Consent Motion for Extension of Time and Revised Briefing Schedule on Motions to Dismiss Plaintiff's Second Amended Complaint), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
January 15, 2019 Opinion or Order Filing 163 ORDER: This matter comes before the Court on Defendants Helvetia Wireless, LLC and Roc Lastinger's Notice of Motion and Motion to Stay All Proceedings Pending Outcome of Dispositive Motion. [Dkt. #161 .] The Court hereby advises the parties that this matter is not stayed by the filing of Defendants' motion. Rather, pending a ruling on Defendants' Motion to Stay, all current deadlines remain in effect, and the hearing on Plaintiff's Motion to Compel set for February 4, 2019 at 3:30 p.m. (Eastern) remains on calendar and will proceed as scheduled. [Dkt. #155 .] Signed by Magistrate Judge Mark J. Dinsmore on 1/15/2019.(SWM)
January 11, 2019 Opinion or Order Filing 162 BRIEF/MEMORANDUM in Support re #161 MOTION to Stay Pending Resolution of Dispositive Motion #158 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Declaration of Nathan Shaffer, #2 Declaration of Karl Steigele)(Hurst, Annette)
January 11, 2019 Opinion or Order Filing 161 MOTION to Stay Pending Resolution of Dispositive Motion #158 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
January 11, 2019 Opinion or Order Filing 160 MOTION For Consider Pursuant to Fed. R. Civ. P. 10(c) & Fed. R. Evid. 201, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order, #2 Declaration of Nathan Shaffer, #3 Ex. A (Helvetia SOW), #4 Ex. B (61/845,459 Patent App. Spec.), #5 Ex. C (U.S. Pat. No. 9,719,951), #6 Ex. D (U.S. Pat. No. 9,322,797), #7 Ex. E (U.S. Pat. No. 9,366,644), #8 Ex. F (U.S. Pat. No. 9,506,886), #9 Ex. G (U.S. Pat. No. 9,810,652), #10 Ex. H (Complaints Redline), #11 Ex. I (U.S. Pat. No. 5,537,095))(Hurst, Annette)
January 11, 2019 Opinion or Order Filing 159 BRIEF/MEMORANDUM in Support re #158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Hurst, Annette)
January 11, 2019 Opinion or Order Filing 158 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Plead Fraud with Particularity, and Lack of Subject Matter Jurisdiction, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
January 11, 2019 Opinion or Order Filing 157 BRIEF/MEMORANDUM in Support re #156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
January 11, 2019 Opinion or Order Filing 156 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order)(Poley, Brooks)
January 8, 2019 Opinion or Order Filing 155 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/4/2019. Parties discussed status of matter. Approved Case Management Plan #50 amended. Statement of Claims or Defenses due by 11/1/2019. Discovery due by 10/18/2019. Dispositive Motions due by 12/6/2019. Matter is before Court on #124 Plaintiff's motion to compel; Helvetia Defendants' due 1/22/2019; Plaintiff's reply in support of motion due 1/29/2019; In-Person Hearing on motion set for 2/4/2019 at 3:30 p.m. (Eastern) in Courtroom 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore. Parties' next Supplemental Report on Status of Discovery [ #70 at 2] due 2/5/2019. Telephonic Status Conference set for 2/7/2019 at 2:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
December 21, 2018 Opinion or Order Filing 153 ORDER granting in part and denying in part Helvetia Defendants' #152 Motion for Extension of Time. Defendants' responses to Plaintiff's Second Amended Complaint shall be due on or before January 11, 2019. The remaining relief requested in Defendants' motion is DENIED as premature. Signed by Magistrate Judge Mark J. Dinsmore on 12/21/2018. (SWM)
December 19, 2018 Opinion or Order Filing 152 Consent MOTION for Extension of Time to January 11, 2019 to Respond to #143 Second Amended Complaint and Revised Briefing Schedule, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
December 19, 2018 Opinion or Order Filing 151 ORDER granting Plaintiff's #150 Motion for a Telephonic Status Conference. Status Conference set for 1/4/2019 09:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss rescheduling the briefing and hearing on Plaintiff's Motion to Compel the Production of documents, as well as reestablish case management deadlines as necessary. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 12/19/2018.(SWM)
December 18, 2018 Opinion or Order Filing 150 Consent MOTION for Pretrial Conference (Motion for a Telephonic Status Conference), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
December 17, 2018 Opinion or Order Filing 149 ORDER granting #145 Motion to Appear pro hac vice. Attorney Chelsea A. Ahmann for ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and ROBERT UFFORD added. If not already registered with the Court's Electronic Filing System, Chelsea A. Ahmann is ordered to register within ten (10) days of the entry of this order. Copy to Chelsea A. Ahmann via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/17/2018. (SWM)
December 17, 2018 Opinion or Order Filing 148 ORDER denying as moot #61 Motion for Request for Judicial Notice in Support of Motion to Dismiss #59 (marginal entry). Signed by Judge William T. Lawrence on 12/17/2018. (JDH)
December 14, 2018 Opinion or Order Filing 147 RECEIPT #IP063226 for PHV filing fee in the amount of $100, paid by Faegre Baker Daniels on behalf of Chelsea Ahmann. (REO)
December 12, 2018 Opinion or Order Filing 146 ORDER granting #144 Motion to Withdraw Attorney Appearance. Attorney Karne O. Newburn withdrawn on behalf of Defendant Encompass Group, LLC. Signed by Magistrate Judge Mark J. Dinsmore on 12/12/2018. (SWM)
December 12, 2018 Opinion or Order Filing 145 MOTION for Attorney(s) Chelsea A. Ahmann to Appear pro hac vice (No fee paid with this filing), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit Certification of Chelsea A. Ahmann In Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Order Granting Motion To Appear Pro Hac Vice)(Hall, Angela)
December 11, 2018 Opinion or Order Filing 144 MOTION to Withdraw Attorney Appearance , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Motion to Withdraw Appearance of Counsel)(Newburn, Karne)
December 10, 2018 Opinion or Order Filing 143 SECOND AMENDED COMPLAINT against ENCOMPASS GROUP, LLC, HELVETIA WIRELESS, LLC, ROC LASTINGER, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, filed by HILL-ROM SERVICES, INC.(DWH)
December 10, 2018 Opinion or Order Filing 142 ENTRY ON MOTION TO AMEND - This cause is before the Court on the Plaintiff's motion for leave to file a SecondAmended Complaint (Dkt. No. #133 ). The motion is fully briefed, and the Court, being dulyadvised, GRANTS the Plaintiff's motion. Accordingly, the Court GRANTS the Plaintiff's motion in its entirety. The Clerk is directed to docket the Plaintiff's Second Amended Complaint, Dkt. No. 133-1, as of the date of this Entry (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge William T. Lawrence on 12/10/2018. (DWH)
December 5, 2018 Opinion or Order Filing 141 REPLY in Support of Motion re #133 MOTION for Leave to File Second Amended Complaint , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Barry Aviation Docket Report, #2 Exhibit B - Barry Aviation Motion for Leave, #3 Affidavit Declaration of Matthew Kohel)(Maley, John)
November 21, 2018 Opinion or Order Filing 140 RESPONSE in Opposition re #133 MOTION for Leave to File Second Amended Complaint , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER. (Hurst, Annette)
November 21, 2018 Opinion or Order Filing 139 RESPONSE in Opposition re #133 MOTION for Leave to File Second Amended Complaint , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Affidavit Brooks F. Poley In Support of Defendants Tellisense Medical, LLC, Encompass Group LLC, and Robert Ufford's Response in Opposition to Plaintiff Hill-Rom Services, Inc.'s Motion for Leave to File Second Amended Complaint)(Poley, Brooks)
November 21, 2018 Opinion or Order Filing 138 ORDER denying #128 Motion to Maintain Document Under Seal [126 and 127] SEALED Documents. The Clerk is directed to UNSEAL [126 and 127] on or after 12/13/2018, absent FRCP 72(a) objection, a motion to reconsider, an appeal, or a further order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 11/21/2018. (CBU)
November 14, 2018 Opinion or Order Filing 137 ORDER - granting #132 Motion for Continuance; Upon consideration of the Motion to Continue Trial Date, it is this 13th day of November, 2018, hereby, ORDERED that the Motion is GRANTED, and it is further, ORDERED that the trial is continued until June 2020 or after. Signed by Judge William T. Lawrence on 11/14/2018. (CKM)
November 13, 2018 Opinion or Order Filing 136 ORDER granting #135 Motion for Extension of Time to File Response to 12/5/2018 re #133 MOTION for Leave to File Second Amended Complaint. Order granting #135 Motion for Extension of Time to File Reply to 12/5/2018. Signed by Magistrate Judge Mark J. Dinsmore on 11/13/2018. (CBU)
November 7, 2018 Opinion or Order Filing 135 Consent MOTION for Extension of Time to File Response re #133 MOTION for Leave to File Second Amended Complaint , MOTION for Extension of Time to File Reply re #133 MOTION for Leave to File Second Amended Complaint (Consent Motion to Extend Briefing Schedule), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 31, 2018 Opinion or Order Filing 134 BRIEF/MEMORANDUM in Support re #133 MOTION for Leave to File Second Amended Complaint , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
October 31, 2018 Opinion or Order Filing 133 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Text of Proposed Order)(Maley, John)
October 29, 2018 Opinion or Order Filing 132 MOTION for Continuance of Trial Date, filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 23, 2018 Opinion or Order Filing 131 ORDER: In light of the Court's Entry on Motions to Dismiss [Dkt. #130 ], the Court hereby VACATES the hearing on Plaintiff Hill-Rom Services, Inc.'s Motion to Compel the Production of Documents [Dkt. #124 ] scheduled for November 2, 2018 at 9:00 a.m., as well as all deadlines and requirements set forth in the Court's Minute Entry for October 4, 2018 [Dkt. #123 ]. The Court hereby STAYS consideration of Plaintiff's Motion to Compel [Dkt. #124 ], pending resolution of Plaintiff's motion to amend its complaint, if filed. Plaintiff is directed to file a motion to reconsider if it believes that briefing and decision on the motion to compel should proceed without delay, to which motion Defendant Helvetia Wireless, LLC may respond. Signed by Magistrate Judge Mark J. Dinsmore on 10/23/2018.(SWM)
October 17, 2018 Opinion or Order Filing 130 ENTRY ON MOTIONS TO DISMISS - This cause is before the Court on the motions to dismiss for lack of personal jurisdiction filed by Defendants Convergence Systems Limited ("Convergence") (Dkt. No. #63 )1 and Brian Woodbury (Dkt. No. 57), and a motion to dismiss under Federal Rules of Civil Procedure 9(b) and 12(b)(6) filed by Helvetia Wireless, LLC ("Helvetia"), Roc Lastinger, and Woodbury (collectively, the "Helvetia Defendants") (Dkt. No. #59 ). The Court, being duly advised, GRANTS the motions of Convergence, Dkt. No. #63 , and Woodbury, Dkt. No. #57 , and GRANTS IN PART the Helvetia Defendants' motion, Dkt. No. #59 . For the reasons set forth in this Entry, Woodbury's motion to dismiss, Dkt. No. #57 and Convergence's motion to dismiss, Dkt. No. #63 , are GRANTED. Defendants Convergence and Woodbury are dismissed for lack of personal jurisdiction. The Helvetia Defendants' motion to dismiss, Dkt. No. #59 , is GRANTED IN PART. (See Entry). Signed by Judge William T. Lawrence on 10/17/2018. (APD)
October 15, 2018 Opinion or Order Filing 129 ORDER granting in part and denying in part Plaintiff's #121 Motion to Extend Case Management Deadlines. See Order for established deadlines. On or before October 29, 2018, the parties shall file a motion to continue the trial of this matter until in or after June, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 10/15/2018.(SWM)
October 12, 2018 Opinion or Order Filing 128 MOTION to Maintain Document Under Seal #126 SEALED Document (Case Participants - doc), #127 SEALED Document (Case Participants - doc) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 12, 2018 Opinion or Order Filing 127 *** UNSEALED PER DOCKET NUMBER ( #138 ) *** SEALED (Exhibit B - Objection and Reponse), re #125 Brief/Memorandum in Support, filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John) Modified on 6/5/2019 (SWM).
October 12, 2018 Opinion or Order Filing 126 *** UNSEALED PER DOCKET NUMBER ( #138 *** SEALED (Exhibit A - Privilege Log), re #125 Brief/Memorandum in Support, filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John) Modified on 6/5/2019 (SWM).
October 12, 2018 Opinion or Order Filing 125 BRIEF/MEMORANDUM in Support re #124 MOTION to Compel , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Privilege Log Cover Sheet (Filed Under Seal), #2 Exhibit B - Objection and Response Cover Sheet (Filed Under Seal))(Maley, John)
October 12, 2018 Opinion or Order Filing 124 MOTION to Compel , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 9, 2018 Opinion or Order Filing 123 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 10/4/2018. Parties discussed Plaintiff's issues with certain documents withheld as privileged by Helvetia Defendants. Plaintiff was authorized to file motion to compel production of documents at issue & committed to filing that motion to compel on or before 10/12/2018. Helvetia Defendants shall respond to motion to compel on or before 10/25/2018 & Plaintiff shall file any reply in support of motion on or before 10/31/2018. In-Person Hearing on Motion to Compel set for 11/2/2018 at 9:00 AM (Eastern Time) in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. Plaintiff's counsel & Helvetia Defendants shall appear in person. Counsel for remaining Defendants may, but need not, attend. Plaintiff's motion shall identify by "Priv Log No." from Helvetia Defendants' privilege log specific documents at issue. On or before 10/26/2018, counsel for Helvetia Defendants shall deliver to Magistrate Judge copies is tabbed binder(s) for in camera review. *SEE ORDER FOR ADDITIONAL REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 9, 2018 Opinion or Order Filing 122 BRIEF/MEMORANDUM in Support re #121 MOTION for Extension of Time to 4/1/2019 (Motion to Extend Case Management Deadlines) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
October 9, 2018 Opinion or Order Filing 121 MOTION for Extension of Time to 4/1/2019 (Motion to Extend Case Management Deadlines), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
October 8, 2018 Opinion or Order Filing 120 STATUS REPORT (Fifth Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
October 3, 2018 Opinion or Order Filing 119 ENTRY: The Court hereby changes the time for the Telephonic Discovery Conference set for 4:30 PM on 10/4/2018 to 5:00 PM (Eastern Time) . The teleconference call-in information issued at Dkt. 117 remains the same. SO ORDERED. By Magistrate Judge Mark J. Dinsmore on 10/3/2018. (GD) Modified on 10/3/2018 (GD).
October 3, 2018 Opinion or Order Filing 118 NOTICE of Stipulation of Extension of Discovery Deadlines, filed by Plaintiff HILL-ROM SERVICES, INC. (Maley, John)
September 26, 2018 Opinion or Order Filing 116 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 9/25/2018. Settlement was not achieved. Telephonic Discovery Conference set for 10/4/2018 at 4:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) Modified on 10/3/2018 (GD).
September 24, 2018 Opinion or Order Filing 115 NOTICE of Stipulation of Extension of Discovery Deadlines, filed by Plaintiff HILL-ROM SERVICES, INC. (Maley, John)
September 14, 2018 Opinion or Order Filing 114 ORDER VACATING DISCOVERY CONFERENCE: The Court has been advised by counsel that the parties are working toward resolving their discovery dispute addressed during the September 12, 2018 status conference. Therefore, at the parties' request, the Court hereby VACATES the telephonic discovery conference scheduled for September 17, 2018 at 3:00 p.m. (Eastern). The parties may always request a discovery conference by contacting the Magistrate Judge's chambers in the event they are ultimately unable to resolve their dispute. Signed by Magistrate Judge Mark J. Dinsmore on 9/14/2018. (GD)
September 12, 2018 Opinion or Order Filing 113 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/12/2018. Parties discussed status of discovery & readiness for upcoming settlement conference. At parties' request, Court will conduct discovery conference to address discovery dispute on 9/17/2018 at 3:00 p.m. (Eastern). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 10, 2018 Opinion or Order Filing 112 STATUS REPORT (Fourth Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
August 16, 2018 Opinion or Order Filing 110 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/16/2018. Parties discussed status of discovery. Telephonic Status Conference set for 9/12/2018 at 3:00 PM (Eastern Time) discuss case status, parties' next Supplemental Joint Report on Status of Discovery due 9/10/2018, & parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 13, 2018 Opinion or Order Filing 109 STATUS REPORT (Third Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
August 6, 2018 Opinion or Order Filing 107 ORDER granting Plaintiff's #104 Motion for Extension of Time to respond to discovery requests to 8/27/2018. No further enlargement of this deadline is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2018. (SWM)
July 31, 2018 Opinion or Order Filing 106 REPLY in Support of Motion re #104 MOTION for Extension of Time to 08/27/2018 (Plaintiff's Motion For Extension of Time to Respond to Discovery Requests) , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
July 30, 2018 Opinion or Order Filing 105 RESPONSE in Opposition re #104 MOTION for Extension of Time to 08/27/2018 (Plaintiff's Motion For Extension of Time to Respond to Discovery Requests) , filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
July 27, 2018 Opinion or Order Filing 104 MOTION for Extension of Time to 08/27/2018 (Plaintiff's Motion For Extension of Time to Respond to Discovery Requests), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Email String, #2 Text of Proposed Order)(Maley, John)
July 18, 2018 Opinion or Order Filing 103 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 7/18/2018. The parties discussed the status of and future plans for discovery. Status Conference set for 8/16/2018 at 4:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. (See Order.) Signed by Magistrate Judge Mark J. Dinsmore. (BRR)
July 16, 2018 Opinion or Order Filing 102 STATUS REPORT (Second Supplemental Joint Status Report) by HILL-ROM SERVICES, INC.. (Maley, John)
June 27, 2018 Opinion or Order Filing 100 ORDER granting #99 Motion to Appear pro hac vice. Attorney Adam S. Tolin for HILL-ROM SERVICES, INC. added. If not already registered with the Court's Electronic Filing System, Adam S. Tolin is ordered to register within ten (10) days of the entry of this order. Copy to Adam S. Tolin via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/27/2018. (SWM)
June 21, 2018 Opinion or Order Filing 99 MOTION for Attorney(s) Adam S. Tolin to Appear pro hac vice (Filing fee $100.00, receipt number IP060936), filed by Plaintiff HILL-ROM SERVICES, INC. (Attachments: #1 Cover Letter, #2 Text of Proposed Order, #3 Envelope)(APD)
June 20, 2018 Opinion or Order Filing 98 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/20/2018. Parties discussed status of discovery. Court discussed need for compliance with discovery rules & reminded parties that Court expects parties to be prepared for upcoming settlement conference & does not expect to enlarge current discovery deadlines. Telephonic Status Conference set for 7/18/2018 at 5:30 PM (Eastern Time) to discuss case status & parties' next Supplemental Joint Report on Status of Discovery due 7/16/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore.
June 18, 2018 Opinion or Order Filing 97 STATUS REPORT (Supplemental Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
May 23, 2018 Opinion or Order Filing 95 PROTECTIVE ORDER Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 5/23/2018.(SWM)
May 23, 2018 Opinion or Order Filing 94 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/23/2018. Parties discussed status of discovery. Court & parties also discussed parties' cross-motions for entry of confidentiality protective order [Dkts. #79 & #84 ], which are hereby GRANTED IN PART & DENIED IN PART. Court will issue Protective Order by separate order. Telephonic Status Conference set for 6/20/2018 at 9:30 AM (Eastern Time) to discuss case status & parties' Supplemental Joint Report on Status of Discovery due 6/18/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 21, 2018 Opinion or Order Filing 93 STATUS REPORT (Joint Report on the Status of Discovery) by HILL-ROM SERVICES, INC.. (Maley, John)
May 17, 2018 Opinion or Order Filing 91 EXHIBIT in Support of Response in Opposition to Motion re #79 MOTION for Protective Order , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Attachments: #1 Exhibit B -- Redline Against Uniform Protective Order)(Shaffer, Nathan)
May 16, 2018 Opinion or Order Filing 90 REPLY in Support of Motion re #79 MOTION for Protective Order , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Company Information, #2 Exhibit B - Karl Steigele LinkedIN, #3 Exhibit C - About Us - Convergence, #4 Exhibit D - Robert Ufford LinkedIn, #5 Exhibit E - David Huelsbeck LinkedIn, #6 Exhibit F - Helvetia Wireless Responses to Hill-Rom Interrogatories)(Maley, John)
May 14, 2018 Opinion or Order Filing 89 AMENDED SCHEDULING ORDER: This matter is currently set for a Telephonic Status Conference on Wednesday, May 23, 2018 at 4:00 p.m. The Court, sua sponte, hereby changes the time to 11:00 a.m. (Eastern) on that same date. All other requirements of the Court's order dated March 21, 2018 [Dkt. #48 ] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2018.(SWM)
May 9, 2018 Opinion or Order Filing 88 REPLY in Support of Motion re #54 MOTION to Dismiss for Lack of Jurisdiction , #63 MOTION to Dismiss for Lack of Jurisdiction (Corrected Image of Dkt 54) , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Attachments: #1 Supplemental Declaration of Jerry C. Garrett)(Johnson, Aaron)
May 9, 2018 Opinion or Order Filing 87 REPLY in Support of Motion re #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) , filed by Defendant BRIAN WOODBURY. (Hurst, Annette)
May 9, 2018 Opinion or Order Filing 86 REPLY in Support of Motion re #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
May 9, 2018 Opinion or Order Filing 85 EXHIBIT in Support of Motion re #79 MOTION for Protective Order , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit H - Redline of Uniform Protective Order)(Maley, John)
May 9, 2018 Opinion or Order Filing 84 RESPONSE in Opposition re #79 MOTION for Protective Order and Cross Motion For Protective Order, filed by Defendants CONVERGENCE SYSTEMS LIMITED, ENCOMPASS GROUP, LLC, HELVETIA WIRELESS, LLC, ROC LASTINGER, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, BRIAN WOODBURY. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Hurst, Annette)
May 7, 2018 Opinion or Order Filing 83 Exhibit List (Preliminary) and Witness List (Preliminary), filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
May 7, 2018 Opinion or Order Filing 82 Exhibit List , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Ahearn, Terry)
May 7, 2018 Opinion or Order Filing 81 Witness List , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Ahearn, Terry)
May 7, 2018 Opinion or Order Filing 80 BRIEF/MEMORANDUM in Support re #79 MOTION for Protective Order , filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Emails, #3 Exhibit C - Emails, #4 Exhibit D - Emails, #5 Exhibit E - First Draft of Protective Order, #6 Exhibit F - Revised Draft of Protective Order, #7 Exhibit G - Draft of Protective Order)(Maley, John)
May 7, 2018 Opinion or Order Filing 79 MOTION for Protective Order , filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
May 7, 2018 Opinion or Order Filing 78 Exhibit List Preliminary, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, Witness List Preliminary, filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Poley, Brooks)
April 30, 2018 Opinion or Order Filing 77 Exhibit List (Preliminary), filed by Plaintiff HILL-ROM SERVICES, INC., Witness List (Preliminary), filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
April 27, 2018 Opinion or Order Filing 76 RESPONSE in Opposition re #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) (Hill-Rom Services, Inc.'s Opposition to Defendant Brian Woodbury's Motion to Dismiss for Lack of Personal Jurisdiction), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit - Declaration of David Ribble, #2 Exhibit s A-E to Declaration of David Ribble, #3 Affidavit - Declaration of Travis Wolter)(Maley, John)
April 27, 2018 Opinion or Order Filing 75 RESPONSE in Opposition re #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim (Hill-Rom Services, Inc.'s Opposition to Defendants Helvetia Wireless, LLC, Rock Lastinger, and Brian Woodbury's Motion to Dismiss Pursuant to Rules 9(b) and 12(b)(6)), filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
April 27, 2018 Opinion or Order Filing 74 RESPONSE in Opposition re #63 MOTION to Dismiss for Lack of Jurisdiction (Corrected Image of Dkt 54), #54 MOTION to Dismiss for Lack of Jurisdiction (Hill-Rom Services, Inc.'s Opposition to Defendant Convergence Systems Limited's Motion to Dismiss for Lack of Personal Jurisdiction), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Affidavit - Declaration of David Ribble, #2 Exhibit s A and B to Ribble Declaration)(Maley, John)
April 26, 2018 Opinion or Order Filing 73 Corporate Disclosure Statement by CONVERGENCE SYSTEMS LIMITED identifying Corporate Parent CN Convergence Limited, Corporate Parent Valioso Pacific Limited for CONVERGENCE SYSTEMS LIMITED.. (Johnson, Aaron)
April 25, 2018 Opinion or Order Filing 72 ORDER granting Plaintiff's #71 Motion for Extension of Time to Respond to Written Discovery Requests. Defendants' responses to Plaintiff's first interrogatory requesting citizenship information shall be served on or before April 26, 2018; Plaintiff's response to Helvetia Defendants' first set of interrogatories shall be served on or before May 21, 2018; and all Defendants' responses to Plaintiff's remaining discovery requests shall be served on or before May 28, 2018. Signed by Magistrate Judge Mark J. Dinsmore on 4/25/2018. (SWM)
April 23, 2018 Opinion or Order Filing 71 MOTION for Extension of Time to 4/26/18, 5/21/18, 5/28/18 (Agreed Motion for Extensions of Time to Respond to Written Discovery Requests), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
April 16, 2018 Opinion or Order Filing 70 SCHEDULING ORDER: In order to allow the Court to more effectively manage the conduct of discovery in this matter, on or before May 21, 2018, the parties shall jointly file a "Joint Report on the Status of Discovery,". See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 4/16/2018.(SWM)
April 16, 2018 Opinion or Order Filing 69 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Discovery Conference held on 4/13/2018. Parties requested guidance as to date discovery opened. Following discussion, Court concluded that Rule 26(f) conference was conducted, and therefore discovery opened, on 3/14/2018. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
April 13, 2018 Opinion or Order Filing 68 ORDER granting Plaintiff's #67 Motion for Extension of Time to File Response to 4/27/2018 re #54 MOTION to Dismiss for Lack of Jurisdiction , #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim and #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2. Defendants' replies in support of their motions to dismiss shall be due on or before 5/9/2018. Signed by Magistrate Judge Mark J. Dinsmore on 4/13/2018. (SWM)
April 10, 2018 Opinion or Order Filing 67 MOTION for Extension of Time to File Response to 4/27/18 re #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2), #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim, #54 MOTION to Dismiss for Lack of Jurisdiction , #63 MOTION to Dismiss for Lack of Jurisdiction (Corrected Image of Dkt 54) (Consent Motion for Extension of Time and Revised Briefing Schedule on Motions to Dismiss), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Maley, John)
April 2, 2018 Opinion or Order Filing 66 Corporate Disclosure Statement by TELLISENSE MEDICAL, LLC. (Poley, Brooks)
April 2, 2018 Opinion or Order Filing 65 Corporate Disclosure Statement by ENCOMPASS GROUP, LLC. (Poley, Brooks)
March 30, 2018 Opinion or Order Filing 64 BRIEF/MEMORANDUM in Support re #54 MOTION to Dismiss for Lack of Jurisdiction , #63 MOTION to Dismiss for Lack of Jurisdiction (Corrected Image of Dkt 54) , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Attachments: #1 Declaration of Jerry Garrett in support of Convergence Systems Limited's Motion to Dismiss #63 )(Johnson, Aaron)
March 30, 2018 Opinion or Order Filing 63 MOTION to Dismiss for Lack of Jurisdiction (Corrected Image of Dkt 54), filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Attachments: #1 Text of Proposed Order)(Johnson, Aaron)
March 30, 2018 Opinion or Order Filing 62 BRIEF/MEMORANDUM in Support re #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2), #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim Request for Oral Argument Pursuant to Rule 7-5, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
March 30, 2018 Opinion or Order Filing 61 MOTION for Request for Judicial Notice in Support of Motion to Dismiss re #59 , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Attachments: #1 Declaration of Nathan Shaffer, #2 Exhibit A - Patent App. No. 61/778,830, #3 Exhibit B - Patent Specification from App. No. 61/778,830, #4 Exhibit C - Patent Specification from App. No. 14/186,522, #5 Exhibit D - Final Rejection of Patent App. No. 14/186,522, #6 Text of Proposed Order)(Hurst, Annette)
March 30, 2018 Opinion or Order Filing 60 BRIEF/MEMORANDUM in Support re #59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim , filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
March 30, 2018 Opinion or Order Filing 59 MOTION to Dismiss Pursuant to Rules 9(b) and 12(b)(6) for Failure to State A Claim, filed by Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
March 30, 2018 Opinion or Order Filing 58 BRIEF/MEMORANDUM in Support re #57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) , filed by Defendant BRIAN WOODBURY. (Attachments: #1 Declaration of Brian Woodbury, #2 Exhibit A to Woodbury Declaration)(Hurst, Annette)
March 30, 2018 Opinion or Order Filing 57 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2), filed by Defendant BRIAN WOODBURY. (Attachments: #1 Text of Proposed Order)(Hurst, Annette)
March 30, 2018 Opinion or Order Filing 56 Corporate Disclosure Statement by HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
March 30, 2018 Opinion or Order Filing 55 Encompass Group, LLC's; Tellisense Medical, LLC's, and Robert Ufford's ANSWER to #16 Amended Complaint , filed by ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD.(Poley, Brooks)
March 30, 2018 Opinion or Order Filing 54 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant CONVERGENCE SYSTEMS LIMITED. (Attachments: #1 Memorandum of Law in support of it's Motion to Dismiss, #2 Declaration of Jerry Garrett in support of Convergence Systems Limited's Motion to Dismiss)(Johnson, Aaron)
March 30, 2018 Opinion or Order Filing 53 Corporate Disclosure Statement by CONVERGENCE SYSTEMS LIMITED. (Johnson, Aaron)
March 28, 2018 Opinion or Order Filing 52 TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (JDC)
March 28, 2018 Opinion or Order Filing 51 ENTRY - Final Pretrial Conference set for 8/8/2019 at 10:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Jury Trial set for 9/9/2019 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. By Judge William T. Lawrence on 3/28/2018.(JDC)
March 21, 2018 Opinion or Order Filing 50 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 12/7/2018. Discovery due by 11/9/2018. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2018.(SWM)
March 21, 2018 Opinion or Order Filing 49 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 3/21/2018.(SWM)
March 21, 2018 Opinion or Order Filing 48 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 3/21/2018. Case Management Plan to be approved by separate order. Telephonic Status Conference set for 5/23/2018 at 4:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Settlement Conference set for 9/25/2018 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
March 19, 2018 Opinion or Order Filing 47 ORDER granting #38 Motion to Appear pro hac vice. Attorney Aaron D. Johnson for CONVERGENCE SYSTEMS LIMITED added. Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2018 (dist made) (CBU)
March 19, 2018 Opinion or Order Filing 46 ORDER granting #37 Motion to Appear pro hac vice. Attorney D. Stuart Bartow for CONVERGENCE SYSTEMS LIMITED added. Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2018 (dist made) (CBU)
March 19, 2018 Opinion or Order Filing 45 ORDER granting #36 Motion to Appear pro hac vice. Attorney Terry Ahearn for CONVERGENCE SYSTEMS LIMITED added. Signed by Magistrate Judge Mark J. Dinsmore on 3/19/2018 (dist made) (CBU)
March 19, 2018 Opinion or Order Filing 43 RECEIPT #IP059716 for Pro Hac Vice fee in the amount of $100.00, paid by Lewis Roca for Aaron Johnson. (HET)
March 19, 2018 Opinion or Order Filing 42 RECEIPT #IP059717 for Pro Hac Vice fee in the amount of $100.00, paid by Lewis Roca for Stuart Barlow. (HET)
March 19, 2018 Opinion or Order Filing 41 RECEIPT #IP059718 for Pro Hace Vice fee in the amount of $100.00, paid by Lewis Roca for Terry Ahearn. (HET)
March 16, 2018 Opinion or Order Filing 40 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff HILL-ROM SERVICES, INC. . (Maley, John)
March 15, 2018 Opinion or Order Filing 39 ORDER granting Plaintiff's #33 Motion for Extension of Time to File Case Management Plan to 3/16/2018. Copy to Terry W. Ahern via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/15/2018. (SWM)
March 15, 2018 Opinion or Order Filing 38 MOTION for Attorney(s) Aaron D. Johnson to Appear pro hac vice (No fee paid with this filing). (Attachments: #1 Text of Proposed Order)(JDC)
March 15, 2018 Opinion or Order Filing 37 MOTION for Attorney(s) Stuart Bartow to Appear pro hac vice (No fee paid with this filing). (Attachments: #1 Text of Proposed Order)(JDC)
March 15, 2018 Opinion or Order Filing 36 MOTION for Attorney(s) Terry Ahearn to Appear pro hac vice (No fee paid with this filing). (Attachments: #1 Text of Proposed Order)(JDC)
March 14, 2018 Opinion or Order Filing 35 NOTICE of Appearance by Nathan Daniel Shaffer on behalf of Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Shaffer, Nathan)
March 14, 2018 Opinion or Order Filing 34 NOTICE of Appearance by Annette L. Hurst on behalf of Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (Hurst, Annette)
March 14, 2018 Opinion or Order Filing 33 Consent MOTION for Extension of Time to 3/16/18 (Consent Motion for Extension of Time for Parties to File Case Management Plan), filed by Plaintiff HILL-ROM SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(Payne, Thomas)
March 14, 2018 Opinion or Order Filing 32 NOTICE of Appearance by Thomas C Payne on behalf of Plaintiff HILL-ROM SERVICES, INC.. (Payne, Thomas)
March 8, 2018 Opinion or Order Filing 31 ORDER granting #26 Motion to Appear pro hac vice. Attorney Alexander L. Stimac for HILL-ROM SERVICES, INC. added. If not already registered with the Court's Electronic Filing System, Alexander L. Stimac is ordered to register within ten (10) days of the entry of this order. Copy to Alexander L. Stimac via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2018. (SWM)
March 8, 2018 Opinion or Order Filing 30 ORDER granting #25 Motion to Appear pro hac vice. Attorney Matthew D. Kohel for HILL-ROM SERVICES, INC. added. If not already registered with the Court's Electronic Filing System, Matthew D. Kohel is ordered to register within ten (10) days of the entry of this order. Copy to Matthew D. Kohel via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2018. (SWM)
March 8, 2018 Opinion or Order Filing 29 ORDER granting #24 Motion to Appear pro hac vice. Attorney Richard M. Barnes for HILL-ROM SERVICES, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2018. (SWM)
March 8, 2018 Opinion or Order Filing 28 ORDER granting #21 Motion to Appear pro hac vice. Attorney Brooks F. Poley for ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC and ROBERT UFFORD added. If not already registered with the Court's Electronic Filing System, Brooks F. Poley is ordered to register within ten (10) days of the entry of this order. Copy to Brooks F. Poley via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2018. (SWM)
March 8, 2018 Opinion or Order Filing 27 ORDER granting #20 Motion to Appear pro hac vice. Attorney Karne O. Newburn for ENCOMPASS GROUP, TELLISENSE MEDICAL, LLC and ROBERT UFFORD added. If not already registered with the Court's Electronic Filing System, Karne O. Newburn is ordered to register within ten (10) days of the entry of this order. Copy to Karne O. Newburn via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/8/2018. (SWM)
March 6, 2018 Opinion or Order Filing 23 RECEIPT #IP059517 for pro hac vice fees in the amount of $200.00, paid by Winthrop Weinstine for #20 Motion to Appear Pro Hac Vice for Karne Newburn and #21 Motion to Appear Pro Hac Vice for Brooks Poley. (DJH)
March 5, 2018 Opinion or Order Filing 26 MOTION for Attorney(s) Alexander Lane Stimac to Appear pro hac vice (Filing fee $100.00, receipt number IP059519). (Attachments: #1 Text of Proposed Order, #2 Envelope)(JDC)
March 5, 2018 Opinion or Order Filing 25 MOTION for Attorney(s) Matthew D. Kohel to Appear pro hac vice (Filing fee $100.00, receipt number IP059519). (Attachments: #1 Text of Proposed Order, #2 Envelope)(JDC)
March 5, 2018 Opinion or Order Filing 24 MOTION for Attorney(s) Richard M. Barnes to Appear pro hac vice (Filing fee $100.00, receipt number IP059519). (Attachments: #1 Cover Letter, #2 Text of Proposed Order, #3 Envelope)(JDC) Modified on 3/7/2018 (JDC).
March 2, 2018 Opinion or Order Filing 22 SCHEDULING ORDER: Initial Pretrial Conference set for 3/21/2018 03:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 3/2/2018.(SWM)
March 1, 2018 Opinion or Order Filing 21 MOTION for Attorney(s) Brooks F. Poley to Appear pro hac vice (No fee paid with this filing), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit Certification in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Proposed Order on Motion to Appear Pro Hac Vice)(Hall, Angela)
March 1, 2018 Opinion or Order Filing 20 MOTION for Attorney(s) Karne O. Newburn to Appear pro hac vice (No fee paid with this filing), filed by Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Attachments: #1 Exhibit Certification in Support of Motion to Appear Pro Hac Vice, #2 Text of Proposed Order Proposed Order on Motion to Appear Pro Hac Vice)(Hall, Angela)
February 23, 2018 Opinion or Order Filing 19 NOTICE of Appearance by Angela Kelver Hall on behalf of Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Hall, Angela)
February 23, 2018 Opinion or Order Filing 18 NOTICE of Appearance by Amy Grewal Dunn on behalf of Defendants ENCOMPASS GROUP, LLC, TELLISENSE MEDICAL, LLC, ROBERT UFFORD. (Dunn, Amy)
February 22, 2018 Opinion or Order Filing 17 NOTICE of Appearance by Craig Morris McKee on behalf of Defendants HELVETIA WIRELESS, LLC, ROC LASTINGER, BRIAN WOODBURY. (McKee, Craig)
February 6, 2018 Opinion or Order Filing 16 AMENDED COMPLAINT (First Amended Complaint) against CONVERGENCE SYSTEMS LIMITED, ENCOMPASS GROUP, LLC, HELVETIA WIRELESS, LLC, ROC LASTINGER, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, BRIAN WOODBURY, filed by HILL-ROM SERVICES, INC..(Maley, John)
January 30, 2018 Opinion or Order Filing 15 RETURN of Service, filed by HILL-ROM SERVICES, INC.. CONVERGENCE SYSTEMS LIMITED served on 1/22/2018. (Maley, John)
January 30, 2018 Opinion or Order Filing 14 NOTICE of Parties' First Extension of Time, filed by Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
January 19, 2018 Opinion or Order Filing 13 RETURN of Service, filed by HILL-ROM SERVICES, INC.. HELVETIA WIRELESS, LLC served on 1/10/2018. (Maley, John)
January 19, 2018 Opinion or Order Filing 12 RETURN of Service, filed by HILL-ROM SERVICES, INC.. ENCOMPASS GROUP, LLC served on 1/2/2018. (Maley, John)
January 16, 2018 Opinion or Order Filing 11 RETURN of Service, filed by HILL-ROM SERVICES, INC.. BRIAN WOODBURY served on 1/2/2018. (Maley, John)
January 16, 2018 Opinion or Order Filing 10 RETURN of Service, filed by HILL-ROM SERVICES, INC.. ROC LASTINGER served on 1/2/2018. (Maley, John)
January 16, 2018 Opinion or Order Filing 9 RETURN of Service, filed by HILL-ROM SERVICES, INC.. ROBERT UFFORD served on 1/5/2018. (Maley, John)
January 16, 2018 Opinion or Order Filing 8 RETURN of Service, filed by HILL-ROM SERVICES, INC.. TELLISENSE MEDICAL, LLC served on 1/8/2018. (Maley, John)
January 3, 2018 Opinion or Order Filing 7 Corporate Disclosure Statement by HILL-ROM SERVICES, INC. identifying Corporate Parent HILL-ROM, INC., Corporate Parent HILL-ROM HOLDINGS, INC. for HILL-ROM SERVICES, INC... (Maley, John)
December 28, 2017 Opinion or Order Filing 6 NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number, 1:17-cv-4725-WTL-MJD, on all future filings in this matter. (DJH)
December 28, 2017 Opinion or Order Filing 5 ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Magistrate Judge. Signed by Magistrate Judge Tim A. Baker on 12/28/2017. (ADH)
December 26, 2017 Opinion or Order Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD)
December 26, 2017 Opinion or Order Filing 3 Summons Issued as to CONVERGENCE SYSTEMS LIMITED, ENCOMPASS GROUP, LLC, HELVETIA WIRELESS, LLC, ROC LASTINGER, TELLISENSE MEDICAL, LLC, ROBERT UFFORD, BRIAN WOODBURY. (NAD)
December 22, 2017 Opinion or Order Filing 2 NOTICE of Appearance by John R. Maley on behalf of Plaintiff HILL-ROM SERVICES, INC.. (Maley, John)
December 22, 2017 Opinion or Order Filing 1 COMPLAINT against All Defendants, filed by HILL-ROM SERVICES, INC.. (Filing fee $400, receipt number 0756-4684327) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons)(Maley, John)

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Search for this case: HILL-ROM SERVICES, INC. v. TELLISENSE MEDICAL, LLC et al
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Plaintiff: HILL-ROM SERVICES, INC.
Represented By: John R. Maley
Represented By: Adam S. Tolin
Represented By: Alexander L. Stimac
Represented By: Linda S. Woolf
Represented By: Matthew D. Kohel
Represented By: Richard M. Barnes
Represented By: Thomas C Payne
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Defendant: ROBERT UFFORD
Represented By: Amy Grewal Dunn
Represented By: Angela Kelver Hall
Represented By: Brooks F. Poley
Represented By: Chelsea A. Ahmann
Represented By: Karne O. Newburn
Represented By: Lisa Ellingson
Represented By: Mary S. Riverso
Represented By: Matthew C. Robinson
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Defendant: CONVERGENCE SYSTEMS LIMITED
Represented By: Aaron D. Johnson
Represented By: D. Stuart Bartow
Represented By: Terry Ahearn
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Defendant: HELVETIA WIRELESS, LLC
Represented By: Annette L. Hurst
Represented By: Craig Morris McKee
Represented By: Michael A. Benefield
Represented By: Nathan Daniel Shaffer
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Defendant: ENCOMPASS GROUP, LLC
Represented By: Amy Grewal Dunn
Represented By: Angela Kelver Hall
Represented By: Brooks F. Poley
Represented By: Chelsea A. Ahmann
Represented By: Karne O. Newburn
Represented By: Lisa Ellingson
Represented By: Mary S. Riverso
Represented By: Matthew C. Robinson
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Defendant: TELLISENSE MEDICAL, LLC
Represented By: Amy Grewal Dunn
Represented By: Angela Kelver Hall
Represented By: Brooks F. Poley
Represented By: Chelsea A. Ahmann
Represented By: Karne O. Newburn
Represented By: Lisa Ellingson
Represented By: Mary S. Riverso
Represented By: Matthew C. Robinson
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Defendant: BRIAN WOODBURY
Represented By: Annette L. Hurst
Represented By: Craig Morris McKee
Represented By: Nathan Daniel Shaffer
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Defendant: ROC LASTINGER
Represented By: Annette L. Hurst
Represented By: Craig Morris McKee
Represented By: Nathan Daniel Shaffer
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