DEPUY SYNTHES SALES, INC. v. ORTHOLA, INC. et al
| DePuy Synthes Sales, Inc. |
| Bruce A. Cavarno and OrthoLA, Inc. |
| 1:2019cv01069 |
| March 18, 2019 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Jane Magnus-Stinson |
| Doris L Pryor |
| Other Statutory Actions |
| 9 U.S.C. § 4 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
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Filing 44
ORDER - The Court hereby CONSOLIDATES the two cases and ORDERS the Clerk to consolidate Cause No. 1:19-cv-1069 into Cause No. 1:19-cv-1072 and close Cause No. 1:19-cv-1069. The Clerk is further ORDERED to redocket the following filings from Cause No. 1:19-cv-1069 in Cause No. 1:19-cv-1072: the Complaint #1 , as well as the pending Motions, Responses, and Replies #26 #27 #32 #33 #34 #38 #39 #40 #41 . All deadlines set in Cause No. 1:19-cv-1069 remain in effect. No final judgment will issue in Cause No. 1:19-cv-1069. (See Order). Signed by Judge Jane Magnus-Stinson on 7/12/2019.(JDH)
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Filing 43
ORDER GRANTING PLAINTIFF DEPUY SYNTHES SALES, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE ITS RESPONSE TO DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S REPLY REGARDING PETITION TO COMPEL ARBITRATION - Plaintiff, DePuy Synthes Sales, Inc., having filed its "Unopposed Motion for Extension of Time for Plaintiff to File Its Response to Defendants' Motion to Strike Portions of Plaintiff's Reply Regarding Petition to Compel Arbitration"; And the Court being duly advised, GRANTS this motion #42 . IT IS, THEREFORE, ORDERED that the deadline for Plaintiff to file its Response to Defendants' Motion to Strike Portions of Plaintiff's Reply Regarding Petition to Compel Arbitration is hereby extended to July 12, 2019. Signed by Judge Jane Magnus-Stinson on 7/1/2019. (JDH)
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| Filing 42 Unopposed MOTION for Extension of Time to File Response to July 12, 2019 re #40 MOTION to Strike Portions of DePuy's Reply regarding the Petition to Compel Arbitration , filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Attachments: #1 Text of Proposed Order)(Carr, David) |
| Filing 41 BRIEF/MEMORANDUM in Support re #40 MOTION to Strike Portions of DePuy's Reply regarding the Petition to Compel Arbitration , filed by Defendant ORTHOLA, INC.. (Julander, Dirk) |
| Filing 40 MOTION to Strike Portions of DePuy's Reply regarding the Petition to Compel Arbitration, filed by Defendant ORTHOLA, INC.. (Attachments: #1 Brief)(Julander, Dirk) |
| Filing 39 MOTION (Request for Judicial Notice), filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Attachments: #1 Exhibit 1-LASC Case Docket, #2 Exhibit 2-Petition to Compel Arbitration, #3 Exhibit 3-Brief, #4 Exhibit 4-Petition to Compel-Opposition, #5 Exhibit 5-MTD, #6 Exhibit 6-MTD Brief, #7 Exhibit 7-MTD Opposition)(Hurley, Ryan) |
| Filing 38 REPLY in Support of Motion re #26 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Hurley, Ryan) |
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Filing 37
AMENDED SCHEDULING ORDER: The Court sua sponte now RESCHEDULES the Telephonic Initial Pretrial Conference currently scheduled for July 1, 2019 to July 25, 2019 at 4:30 p.m. (Eastern). 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 Doris L. Pryor on 6/17/2019.(SWM)
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Filing 36
ORDER GRANTING DEFENDANTS ORTHOLA, INC. AND BRUCE CAVARNO'S MOTION FOR EXTENSION OF TIME FOR DEFENDANTS TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO DISMISS - Defendants ORTHOLA, INC. and BRUCE CAVARNO having filed its "Motion For Extension of Time For Defendants to File Its Reply in Support of its Motion to Dismiss"; And the Court being duly advised, GRANTS this motion #35 . IT IS, THEREFORE, ORDERED that the deadline for Defendants to serve its Reply Brief to the Motion to Dismiss is hereby extended to June 21, 2019. As a reminder, counsel is cautioned that only the Court can "grant" an extension of a deadline established by Local Rule, though a party can certainly agree to one, subject to the Court's approval. Signed by Judge Jane Magnus-Stinson on 6/6/2019. (JDH)
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| Filing 35 MOTION for Extension of Time to File Reply to June 21, 2019 re #26 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendant ORTHOLA, INC.. (Attachments: #1 Declaration of M. Adam Tate, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Tate, M.) |
| Filing 34 RESPONSE in Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff DePuy Synthes Sales, Inc.'s Opposition to Defendants' Motion to Dismiss Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement for Lack of Jurisdiction, filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Haller, Anthony) |
| Filing 33 BRIEF/MEMORANDUM in Support (Plaintiff's Reply in Support of Its Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement), filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Carr, David) |
| Filing 32 APPENDIX Plaintiff's Index of Exhibits in Support of Its Reply in Support of Its Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Scott R. Ryan, #2 Exhibit B - Declaration of Lutz Henckels)(Carr, David) |
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Filing 31
SCHEDULING ORDER: Initial Pretrial Conference set for 7/1/2019 02:30 PM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 5/17/2019.(SWM)
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Filing 30
ORDER granting Plaintiff's #29 Motion for Extension of Time to File its Reply in Support of its Petition to Compel Arbitration to 5/24/2019. Signed by Magistrate Judge Doris L. Pryor on 5/16/2019. (SWM)
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| Filing 29 MOTION for Extension of Time to 05/24/2019 Agreed to Motion for Extension of Time for Plaintiff to File Its Reply In Support of Its Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement, filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Attachments: #1 Text of Proposed Order)(Sweeney, Paul) |
| Filing 28 Corporate Disclosure Statement by ORTHOLA, INC.. (Hurley, Ryan) |
| Filing 27 BRIEF/MEMORANDUM in Support re #26 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Attachments: #1 Affidavit Declaration of B. Cavarno, #2 Exhibit 1 to Declaration of B. Cavarno, #3 Exhibit 2 to Declaration of B. Cavarno, #4 Affidavit Declaration of D. Julander, #5 Exhibit 1 to Declaration of D. Julander, #6 Exhibit 2 to Declaration of D. Julander, #7 Exhibit 3 to Declaration of D. Julander, #8 Exhibit 4 to Declaration of D. Julander, #9 Exhibit 5 to Declaration of D. Julander, #10 Exhibit 6 to Declaration of D. Julander, #11 Exhibit 7 to Declaration of D. Julander)(Hurley, Ryan) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction , filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Hurley, Ryan) |
| Filing 25 RESPONSE in Opposition to Petition to Compel Arbitration and Motion to Dismiss Pursuant to FRCP12(b)(6), filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Attachments: #1 Affidavit Declaration of B Cavarno, #2 Exhibit 1 to Declaration of B Cavarno, #3 Exhibit 2 to Declaration of B. Cavarno, #4 Affidavit Declaration of D. Julander, #5 Exhibit 1 to Declaratioan of D Julander, #6 Exhibit 2 to Declaration of D. Julander, #7 Exhibit 3 to Declaration of D. Julander, #8 Exhibit 4 to Declaration of D. Julander, #9 Exhibit 5 to Declaration of D. Julander, #10 Exhibit 6 to Declaration of D. Julander, #11 Exhibit 7 to Declaration of D. Julander)(Hurley, Ryan) |
| Filing 24 NOTICE of Related Case, filed by Plaintiff DEPUY SYNTHES SALES, INC. (Carr, David) |
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Filing 23
ORDER granting #18 Motion to Appear pro hac vice. Attorney M. Adam Tate for BRUCE A. CAVARNO and ORTHOLA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to M. Adam Tate via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/9/2019. (SWM)
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Filing 22
ORDER granting #17 Motion to Appear pro hac vice. Attorney Dirk O. Julander for BRUCE A. CAVARNO and ORTHOLA, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Dirk O. Julander via US Mail. Signed by Magistrate Judge Doris L. Pryor on 5/9/2019. (SWM)
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| Filing 21 RECEIPT #IP065037 for pro hac vice fee in the amount of $100.00 for #17 Motion to Appear Pro Hac Vice for Dirk O. Julander and in the amount of $100.00 for #18 Motion to Appear Pro Hac Vice for M. Adam Tate, paid by Julander Brown & Bollard, LLP. (DJH) |
| Filing 20 NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 1:19-cv-1069-JMS-DLP, on all future filings in this matter. (DJH) |
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Filing 19
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James Patrick Hanlon on 5/7/2019. (PKP)
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| Filing 18 MOTION for Attorney(s) M. Adam Tate to Appear pro hac vice (No fee paid with this filing), filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Attachments: #1 Exhibit A-Certification of M. Adam Tate, #2 Text of Proposed Order Proposed Order)(Hurley, Ryan) |
| Filing 17 MOTION for Attorney(s) Dirk O. Julander to Appear pro hac vice (No fee paid with this filing), filed by Defendants BRUCE A. CAVARNO, ORTHOLA, INC.. (Attachments: #1 Exhibit A-Certification of D.O.Julander, #2 Text of Proposed Order Proposed Order)(Hurley, Ryan) |
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Filing 16
ORDER granting Defendants' #15 Motion for Extension of Time to File response to Plaintiff's petition to 5/13/2019. Signed by Magistrate Judge Doris L. Pryor on 5/3/2019. (SWM)
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| Filing 15 MOTION for Extension of Time to May 13, 2019 in which to #1 Complaint for Defendants to Respond to Plaintiff's Petition to Compel Arbitration and Enjoin Proceedings under the Continuing Income Agreement (Agreed to), filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Attachments: #1 Text of Proposed Order)(Carr, David) |
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Filing 14
ORDER granting #12 Motion to Appear pro hac vice. Attorney Rosemary McKenna for DEPUY SYNTHES SALES, INC. added. Signed by Magistrate Judge Doris L. Pryor on 4/9/2019 (dist made) (CBU)
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| Filing 13 NOTICE of Parties' First Extension of Time, filed by Plaintiff DEPUY SYNTHES SALES, INC.. (Carr, David) |
| Filing 12 MOTION for Attorney(s) Rosemary McKenna to Appear pro hac vice (Filing fee $$100.00, receipt number IP064566), filed by Plaintiff DEPUY SYNTHES SALES, INC. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(DWH) |
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Filing 11
ORDER granting #8 Motion to Appear pro hac vice. Attorney Anthony B. Haller for DEPUY SYNTHES SALES, INC. added. Signed by Magistrate Judge Doris L. Pryor on 3/28/2019 (dist made) (CBU)
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| Filing 10 RETURN of Personal Service, filed by DEPUY SYNTHES SALES, INC.. BRUCE A. CAVARNO served on 3/20/2019. (Carr, David) |
| Filing 9 RETURN of Personal Service, filed by DEPUY SYNTHES SALES, INC.. ORTHOLA, INC. served on 3/20/2019. (Carr, David) |
| Filing 8 MOTION for Attorney(s) Anthony B. Haller to Appear pro hac vice (Filing fee $100.00, receipt number IP064433), filed by Plaintiff DEPUY SYNTHES SALES, INC. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(DWH) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
| Filing 6 Summons Issued as to BRUCE A. CAVARNO, ORTHOLA, INC.. (HET) |
| Filing 5 Corporate Disclosure Statement by DePuy Synthes Sales, Inc.. (Carr, David) |
| Filing 4 BRIEF/MEMORANDUM in Support of Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement, re #1 Complaint, filed by Plaintiff DePuy Synthes Sales, Inc.. (Carr, David) |
| Filing 3 NOTICE of Appearance by Paul Conrad Sweeney on behalf of Plaintiff DePuy Synthes Sales, Inc.. (Sweeney, Paul) |
| Filing 2 NOTICE of Appearance by David J. Carr on behalf of Plaintiff DePuy Synthes Sales, Inc.. (Carr, David) |
| Filing 1 COMPLAINT Petition to Compel Arbitration and Enjoin Proceedings Under the Sales Representative Agreement against All Defendants, filed by DePuy Synthes Sales, Inc.. (Filing fee $400, receipt number 0756-5338302) (Attachments: #1 Exhibit A - Sales Representative Agreement, #2 Exhibit B - AAA Filing, #3 Civil Cover Sheet, #4 Proposed Summons OrthoLA, #5 Proposed Summons Cavarno)(Carr, David) |
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