NuVasive, Inc. v. Rival Medical, LLC et al
| NuVasive, Inc. |
| Rival Medical, LLC, Timothy Day and Monique Day |
| 1:2021cv11644 |
| October 8, 2021 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| M Page Kelley |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #32 Motion for Leave to Appear Pro Hac Vice Added Mary Taylor Gallagher. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 34 Magistrate Judge M. Page Kelley: ORDER entered: re #33 Proposed Document(s) submitted filed by NuVasive, Inc. The proposed protective order #33 is approved by the court. (Vieira, Leonardo) |
| Filing 33 Proposed Document(s) submitted by NuVasive, Inc.. Document received: Proposed Protective Order Concerning Confidentiality of Documents and Information. (McFarland, M. Thomas) |
| Filing 32 MOTION for Leave to Appear Pro Hac Vice for admission of Mary Taylor Gallagher Filing fee: $ 100, receipt number AMADC-9231983 by NuVasive, Inc.. (Attachments: #1 Exhibit 1 -- Certification of Mary Taylor Gallagher, Esq.)(Bown, Matthew) |
| Filing 30 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 3/15/2022 by video re #21 MOTION to Quash BOA Subpoena or Protective Order filed by Monique Day, Timothy Day. Court hears argument on the motion. After hearing argument, court takes matter under advisement. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Polglase, McFarland, Weatherhead, Busch) (Vieira, Leonardo) Modified on 3/16/2022 to fix document number (Vieira, Leonardo). |
| Filing 31 Magistrate Judge M. Page Kelley: ORDER entered. MEMORANDUM AND ORDER: For the reasons discussed herein, defendants' motion to quash #21 is DENIED. The parties are to confer and within one week of the date of this order jointly propose a confidentiality order that will govern their use of the materials produced in response to the subpoena. (Vieira, Leonardo) Modified on 3/16/2022 to fix document number (Vieira, Leonardo). |
| Filing 29 ELECTRONIC NOTICE Setting Hearing on Motion #21 MOTION to Quash BOA Subpoena or Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 3/15/2022 03:00 PM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 28 ELECTRONIC NOTICE Canceling Hearing. Motion hearing set for 3/7/2022 is canceled and will be rescheduled shortly. (Vieira, Leonardo) |
| Filing 27 ELECTRONIC NOTICE Resetting Hearing on Motion #21 MOTION to Quash BOA Subpoena or Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 3/7/2022 11:30 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 26 ELECTRONIC NOTICE Setting Hearing on Motion #21 MOTION to Quash BOA Subpoena or Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 3/7/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 25 RESPONSE to Motion re #21 MOTION to Quash BOA Subpoena or Protective Order filed by NuVasive, Inc.. (McFarland, M. Thomas) |
| Filing 24 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Defendants Timothy and Monique Day have filed a limited objection to the production of documents by Bank of America, moving, on an emergency basis, to quash a subpoena duces tecum or, in the alternative, for a protective order. #21 at 4. The subpoena requires Bank of America to produce documents on February 28, 2022, #21 at 11, the same date that plaintiff's opposition to defendants' motion, if any, would be due. The date of production shall be stayed until the court can have a hearing on defendants' motion. The parties shall contact Deputy Clerk Vieira to schedule a hearing.(Vieira, Leonardo) |
| Filing 23 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #21 MOTION to Quash BOA Subpoena or Protective Order by Bryan Busch on behalf of Monique Day, Timothy Day. (Busch, Bryan) |
| Filing 22 Judge Denise J. Casper: ELECTRONIC ORDER entered REFERRING CASE to Magistrate Judge M. Page Kelley Referred for: Events Only (e). Motions referred: #21 MOTION to Quash BOA Subpoena or Protective Order. (Hourihan, Lisa) Motions referred to M. Page Kelley. |
| Filing 21 MOTION to Quash BOA Subpoena or Protective Order by Monique Day, Timothy Day.(Busch, Bryan) |
| Filing 20 Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) |
| Filing 19 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 1/10/2022 by video conference. Initial disclosures due by 1/18/22. Fact discovery to be completed by 11/30/22. Court adopts all interim discovery dates. Expert disclosures due by 9/30/22. Non-economic expert discovery to be completed by 11/30/2022. Any damages expert disclosures to be made 45 days before any trial date. Motions for summary judgment to be filed by 1/17/2023 with opposition due 21 days after service. Status Conference set for 12/5/2022 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Christopher Cardwell, Thomas McFarland, Holly Polglase and Matthew Brown for the plaintiff. Bryan Busch and Steven Weatherhead for the defendants.) (Hourihan, Lisa) |
| Filing 18 NOTICE of Appearance by Bryan Busch on behalf of Rival Medical, LLC (Busch, Bryan) |
| Filing 17 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Bryan Busch. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 16 NOTICE OF ATTORNEY PAYMENT OF FEES as to #14 MOTION for Leave to Appear Pro Hac Vice for admission of Bryan Busch by Defendants Monique Day, Timothy Day, Rival Medical, LLC. Filing fee $ 100, receipt number AMADC-9120538. Payment Type : PRO HAC VICE. (Weatherhead, Steven) |
| Filing 15 Proposed Document(s) submitted by NuVasive, Inc.. Document received: Proposed Case Management Order. (McFarland, M. Thomas) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Bryan Busch by Monique Day, Timothy Day, Rival Medical, LLC. (Attachments: #1 Affidavit Pro Hac Vice Certification)(Weatherhead, Steven) |
| Filing 13 NOTICE of Appearance by Holly M. Polglase on behalf of NuVasive, Inc. (Polglase, Holly) |
| Filing 12 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
| Filing 11 NOTICE of Scheduling ConferenceThis hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Scheduling Conference set for 1/10/2022 02:45 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 10 ANSWER to #1 Complaint, with Jury Demand by Monique Day, Timothy Day, Rival Medical, LLC.(Weatherhead, Steven) |
| Filing 9 NOTICE of Appearance by Steven D. Weatherhead on behalf of Monique Day, Timothy Day, Rival Medical, LLC (Weatherhead, Steven) |
| Filing 8 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Christopher W. Cardwell and M. Thomas McFarland. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher W. Cardwell and M. Thomas McFarland Filing fee: $ 200, receipt number AMADC-9055233 by NuVasive, Inc.. (Attachments: #1 Exhibit 1 -- Certification of Christopher W. Cardwell, Esq., #2 Exhibit 2 -- Certification of M. Thomas McFarland, Esq.)(Bown, Matthew) |
| Filing 6 WAIVER OF SERVICE Returned Executed by NuVasive, Inc.. Monique Day waiver sent on 10/8/2021, answer due 12/7/2021. (Bown, Matthew) |
| Filing 5 WAIVER OF SERVICE Returned Executed by NuVasive, Inc.. Timothy Day waiver sent on 10/8/2021, answer due 12/7/2021. (Bown, Matthew) |
| Filing 4 WAIVER OF SERVICE Returned Executed by NuVasive, Inc.. Rival Medical, LLC waiver sent on 10/8/2021, answer due 12/7/2021. (Bown, Matthew) |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 1 COMPLAINT against Monique Day, Timothy Day, Rival Medical, LLC Filing fee: $ 402, receipt number BMADC-8999688 (Fee Status: Filing Fee paid), filed by NuVasive, Inc.. (Attachments: #1 Exhibit A -- Rival Medical Agreement, #2 Exhibit B -- Final Arbitration Award, #3 Exhibit C -- Judgment Confirming Arbitration Award, #4 Civil Cover Sheet, #5 Supplement Civil Category Form)(Bown, Matthew) |
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