Ravgen, Inc. v. Streck, Inc.
| Ravgen, Inc. |
| Streck, Inc. |
| 4:2022cv03017 |
| February 4, 2022 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Cheryl R Zwart |
| Other Statutory Actions |
| None |
Docket Report
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Filing 35
MEMORANDUM AND ORDER - that on Ravgen's motion to compel, (Filing No. #29 ), As to providing an affidavit stating Streck has produced all documents responsive to Categories B, C, and D (with the exception of any ESI found later), the motion is denied as moot. Streck shall promptly conduct an ESI search of electronic records for the five custodians identified by the parties using the following search terms: ((BCT OR "tube") /10 ("cell-free" or "cellfree" OR "cfDNA" OR "cffDNA")) AND ((formaldehyde OR formalin OR IDU OR "imidazolidinyl urea") /50 ((cell /5 lys!) OR (membrane /10 (stabiliz! OR cross-link! OR crosslink!)))) Streck shall produce ESI responsive to Ravgen's subpoena topics on a rolling basis, with the first production made on or before April 7, 2022, and all ESI responsive to Ravgen's subpoena topics produced on or before April 15, 2022. Ravgen's motion for sanctions is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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Filing 34
ORDER on Ravgen's Motion to Compel (Second) #29 . Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 33 INDEX in support of Brief, #32 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc.. (Attachments: #1 Declaration of Thomas Duston)(Buter, Victoria) |
| Filing 32 BRIEF in opposition to MOTION to Compel - Movant Ravgen, Inc.'s Renewed Motion to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas #29 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 31 INDEX in support of Brief, #30 by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc.. (Attachments: #1 Affidavit of Benjamin N. Luehrs, #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, #12 Exhibit K, #13 Exhibit L)(Luehrs, Benjamin) |
| Filing 30 BRIEF in support of MOTION to Compel - Movant Ravgen, Inc.'s Renewed Motion to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas #29 by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc..(Luehrs, Benjamin) |
| Filing 29 MOTION to Compel - Movant Ravgen, Inc.'s Renewed Motion to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc..(Luehrs, Benjamin) |
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Filing 28
TEXT ORDER: Ravgen has advised that the parties remain embroiled in dispute disputes. Having reviewed the parties' respective positions, 1) The hearing set for tomorrow is cancelled; and 2) Ravgen's renewed motion to compel as to compliance with my prior order #23 and the appropriate scope and terms for conducting ESI must be filed by March 25, 2022, with Streck's response due 10 days thereafter. No Reply is allowed.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing 27
TEXT ORDER SETTING HEARING: A Telephone Conference is set for March 18, 2022 at 9:00 a.m. before the undersigned magistrate judge. The parties shall use the conferencing instructions assigned to this case to participate in the call. (Filing No. #12 ) Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 26 TRANSCRIPT (UNREDACTED) of Proceedings before Magistrate Judge Cheryl R. Zwart held on February 25, 2022. Total Number of Billable Pages: 67. Total Number of Pages: 67. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Transcriber Rogene S. Schroder at (402) 661-7383 or roschrod79@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 3/25/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 6/2/2022. (RSS) |
| Filing 25 *EXPEDITE* LETTER BY CLERK that a transcript request was sent to Rogene Schroder for transcription regarding Telephone Conference 21 . Transcript ordered by Attorney Benjamin N. Luehrs. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). (TCL) |
| Filing 24 REQUEST FOR TRANSCRIPT for proceedings held on 2/25/2022 before Magistrate Judge Cheryl R. Zwart regarding Minutes, Filing 21 Motion Hearing,, by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc..(Luehrs, Benjamin) |
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Filing 23
ORDER regarding Plaintiff's motion to compel (Filing No. #1 ) and denying as moot, Ravgen's motion for an expedited ruling (Filing No. #22 ). Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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| Filing 22 AUDIO FILE. Court Date & Time [ 2/25/2022 8:59:44 AM ]. File Size [ 26511 KB ]. Run Time [ 01:50:28 ]. (Motion to Compel hearing). (auto-docket). |
| Filing 21 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Cheryl R. Zwart on 2/25/2022. Hearing held by telephone regarding Motion to Compel #1 and Expedited Treatment of Motion #4 . Court denies categories A and E. Categories B, C and D will be taken care of via affidavits. Other findings stated on the record. Appearance for Plaintiff: Benjamin N. Luehrs, Kerri-Ann Limbeek and Daniel E. Klaus, all retained. For Defendant: Thomas L. Duston, Tom Burns, and Victoria H. Buter, retained. Courtroom Deputy: Jeri A. Bierbower. Reporter: Digital Recorder. Time Start: 8:59 AM; Time Stop: 10:51 AM; Time in Court: 1 Hour 52 Minutes. (JAB) |
| Filing 20 INDEX in support of Reply Brief, #19 by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc.. (Attachments: #1 Supplemental Affidavit of Benjamin N. Luehrs, #2 Exhibit 44)(Luehrs, Benjamin) |
| Filing 19 REPLY BRIEF in support of MOTION to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas ( Filing fee $ 402, receipt number ANEDC-4570864) #1 by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc..(Luehrs, Benjamin) |
| Filing 18 INDEX in support of Brief, #11 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc.. (Attachments: #1 Declaration of Thomas L. Duston)(Buter, Victoria) |
| Filing 17 BRIEF in support of Brief, #11 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 16 NOTICE of Appearance by Attorney Thomas L. Duston on behalf of Defendant Streck, Inc. (Duston, Thomas) |
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Filing 15
TEXT ORDER The conference set for February 15, 2022 is continued to February 25, 2022 at 9:00 a.m. before the undersigned magistrate judge. Counsel shall use the conferencing instructions assigned to this case to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (CEW)
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| Filing 14 NOTICE of Appearance by Attorney Sheila A. Bentzen on behalf of Plaintiff Ravgen, Inc. (Bentzen, Sheila) |
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Filing 13
TEXT ORDER setting a telephone conference for February 15, 2022, at 11:30 a.m. before the undersigned magistrate judge to discuss a discovery dispute. (See Filing Nos. 1 and 4). Counsel shall use the conferencing instructions assigned to this case to participate in the call. (Filing No. 12). Ordered by Magistrate Judge Cheryl R. Zwart. (TMM)
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Filing 12
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 11 BRIEF in opposition to MOTION Expedited Treatment of Motion to Compel Third-Party Witness Streck, Inc to Comply with Document and Deposition Subpoenas #4 by Attorney Victoria H. Buter on behalf of Defendant Streck, Inc..(Buter, Victoria) |
| Filing 10 INDEX in support of MOTION to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas ( Filing fee $ 402, receipt number ANEDC-4570864) #1 by Attorney Daniel E. Klaus on behalf of Plaintiff Ravgen, Inc.. (Attachments: #1 Affidavit Corrected Affidavit)(Klaus, Daniel) |
| Filing 9 TEXT ORDER granting Motion for Admission Pro Hac Vice #7 for attorney Benjamin N. Luehrs. Ordered by Deputy Clerk. (JLS) |
| Filing 8 TEXT ORDER granting Motion for Admission Pro Hac Vice #6 for attorney Kerri-Ann Limbeek. Ordered by Deputy Clerk. (JLS) |
| Filing 7 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4571041 by Attorney Benjamin N. Luehrs on behalf of Plaintiff Ravgen, Inc..(Luehrs, Benjamin) |
| Filing 6 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4571028 by Attorney Kerri-Ann Limbeek on behalf of Plaintiff Ravgen, Inc..(Limbeek, Kerri-Ann) |
| Filing 5 TEXT NOTICE OF JUDGES ASSIGNED: Judge John M. Gerrard and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (TCL) |
| Filing 4 MOTION Expedited Treatment of Motion to Compel Third-Party Witness Streck, Inc to Comply with Document and Deposition Subpoenas by Attorney Daniel E. Klaus on behalf of Plaintiff Ravgen, Inc..(Klaus, Daniel) |
| Filing 3 INDEX in support of MOTION to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas ( Filing fee $ 402, receipt number ANEDC-4570864) #1 by Attorney Daniel E. Klaus on behalf of Plaintiff Ravgen, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Affidavit)(Klaus, Daniel) |
| Filing 2 BRIEF in support of MOTION to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas ( Filing fee $ 402, receipt number ANEDC-4570864) #1 by Attorney Daniel E. Klaus on behalf of Plaintiff Ravgen, Inc..(Klaus, Daniel) |
| Filing 1 MOTION to Compel Third-Party Witness Streck, Inc. to Comply with Document and Deposition Subpoenas ( Filing fee $ 402, receipt number ANEDC-4570864), by Attorney Daniel E. Klaus on behalf of Ravgen, Inc.(Klaus, Daniel) |
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| Plaintiff: Ravgen, Inc. | |
| Represented By: | Benjamin N. Luehrs |
| Represented By: | Daniel E. Klaus |
| Represented By: | Kerri-Ann Limbeek |
| Represented By: | Sheila A. Bentzen |
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| Defendant: Streck, Inc. | |
| Represented By: | Thomas L. Duston |
| Represented By: | Victoria H. Buter |
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