HOWMEDICA OSTEONICS CORP. v. HOWARD et al
| HOWMEDICA OSTEONICS CORP., a subsidiary of STRYKER CORPORATION, a New Jersey corporation and HOWMEDICA OSTEONICS CORP. |
| BRETT HOWARD, an individual, and COREY PETULLA, an individual,, COREY PETULLA and BRETT HOWARD |
| 2:2019cv19254 |
| October 23, 2019 |
| US District Court for the District of New Jersey |
| Leda D Wettre |
| Susan D Wigenton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
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Filing 24
OBJECTION to #22 Report and Recommendations by BRETT HOWARD, COREY PETULLA. (Attachments: #1 Declaration of Christopher J. Collins, Esq., #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(COLLINS, CHRISTOPHER)
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Filing 23
Transcript of Hearing held on January 14, 2020, before Magistrate Judge Leda Dunn Wettre. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 2/19/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/28/2020. (mfr)
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Filing 22
REPORT AND RECOMMENDATIONS re #16 Defendants' MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or MOTION to Transfer Case to Central District of California. Objections, if any, to R&R due by 1/31/2020. etc. Signed by Magistrate Judge Leda D. Wettre on 1/17/2020. (dam, )
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Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Discovery Hearing held on 1/14/2020, on the record. (CD #ECR - 12:30.) (kd)
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Filing 21
REPLY BRIEF to Opposition to Motion filed by BRETT HOWARD, COREY PETULLA re #16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the alternative MOTION to Transfer Case to Central District of California (Attachments: #1 Certificate of Service)(COLLINS, CHRISTOPHER)
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Filing 20
TEXT ORDER - Oral argument on Defendants' Motion to Dismiss (ECF 16) is set for 1/14/2020 at 12:00 p.m. before Magistrate Judge Leda D. Wettre in Newark-Courtroom 3C. So Ordered by Magistrate Judge Leda D. Wettre on 12/11/2019. (rn)
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Filing 19
RESPONSE in Opposition filed by HOWMEDICA OSTEONICS CORP. re #16 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the alternative MOTION to Transfer Case to Central District of California (Attachments: #1 Declaration of John Mayor)(O'KEEFE, JOSEPH)
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Filing 18
ORDER for Extension of Time for Briefing Deadlines re #17 Stipulation. Reset Hearing on #16 Defendant's MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the alternative, MOTION to Transfer Case to Central District of California. Motion reset for 1/6/2020 before Judge Susan D. Wigenton. etc. Signed by Magistrate Judge Leda D. Wettre on 12/2/2019. (dam, )
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Filing 17
STIPULATION for Extension of Time for Briefing Deadlines by HOWMEDICA OSTEONICS CORP.. (O'KEEFE, JOSEPH)
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Set Deadlines as to #16 Defendant's MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the alternative, MOTION to Transfer Case to Central District of California. Motion set for 12/16/2019 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk's Office and does not supersede any previous or subsequent orders from the Court. (dam, )
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Filing 16
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the alternative, MOTION to Transfer Case to Central District of California by BRETT HOWARD, COREY PETULLA. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Declaration of Christopher J. Collins, #4 Exhibit A to Decl. of C. Collins, #5 Declaration of Corey Petulla, #6 Exhibit A to Decl. of C. Petulla, #7 Exhibit B to Decl. of C. Petulla, #8 Declaration of Brett Howard, #9 Exhibit A to Decl. of B. Howard, #10 Exhibit B to Decl. of B. Howard, #11 Certificate of Service)(COLLINS, CHRISTOPHER)
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Filing 15
Transcript of Order to Show Cause held on October 31, 2019, before Judge Susan D. Wigenton. Court Reporter: Joanne Sekella (908-310-1177). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter Agency due, but not filed, by 12/6/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/13/2020. (bt, )
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Filing 14
ORDER Denying #5 Application for preliminary injunction, Motion for Expedited Discovery in its Order to Show Cause filed by HOWMEDICA OSTEONICS CORP. #7 Order to Show Cause is Vacated. Signed by Judge Susan D. Wigenton on 10/31/19. (lag, )
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Filing 13
Minute Entry for proceedings held before Judge Susan D. Wigenton: Show Cause Hearing held on 10/31/2019. (Court Reporter/Recorder Joanne Sekella.) (cds)
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Filing 12
BRIEF Reply Memorandum of Law in Further Support of Plaintiff's Motion for a Temporary Restraining Order, Preliminary Injunction, and Expedited Discovery (Attachments: #1 Declaration of Jami Ochs in Support of Plaintiff's Application, #2 Declaration of John P. Barry, Esq., #3 Exhibit E)(BARRY, JOHN)
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE by BRETT HOWARD, COREY PETULLA. (Attachments: #1 Declaration of Brett Howard with Exhibits, #2 Declaration of Corey Petulla with Exhibits)(KIRBY, SEAN)
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Filing 10
NOTICE of Appearance by CHRISTOPHER JOHN COLLINS on behalf of BRETT HOWARD, COREY PETULLA (COLLINS, CHRISTOPHER)
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Filing 9
Letter from Defendants' Counsel re #7 Order to Show Cause,,,,,,. (KIRBY, SEAN)
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Filing 8
NOTICE of Appearance by SEAN J. KIRBY on behalf of BRETT HOWARD, COREY PETULLA (KIRBY, SEAN)
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Filing 7
*** VACATED see D.E. #14 ORDER TO SHOW CAUSE: Plaintiff's application is GRANTED in part, and thus pending the return date of this Order to Show Cause, Defendants shall immediately be temporarily enjoined and restrained from, directly and through others: Using or disclosing any of Howmedica's or Stryker's confidential, proprietary, and/or trade secret information; Directly or indirectly, soliciting business from, contacting or selling any Conflicting Product or Service etc.; Working for, or render services directly or indirectly to, any Conflicting Organization, including Alphatec etc.; Defendants shall return to Howmedica all files (hard copy or electronic), devices and/or documents that contain or relate to Stryker's/Howmedica's confidential and proprietary information etc., Defendants shall return to Howmedica all equipment, products, spinal implants, and surgical instruments in their possession or control which either defendant used, obtained, or had access to during the course of their employment with Howmedica. Show Cause Hearing set for 10/31/2019 at 11:00 AM in Newark - Courtroom 5C before Judge Susan D. Wigenton. The foregoing temporary restraints shall continue up to and including 11:59 PM on October 31, 2019, etc. Show Cause Response due by 10/28/2019 at 4:00 PM. Responsive Reply papers due by 10/30/2019 at 4:00 PM. Plaintiff's Motion for Expedited Discovery shall be addressed on the return date, 10/31/2019, of the Order to Show Cause, etc. Signed by Judge Susan D. Wigenton on 10/25/2019. (ams, ) Modified on 10/31/2019 (lag, ).
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Filing 6
CERTIFICATE OF SERVICE by HOWMEDICA OSTEONICS CORP. re #5 Application/Petition, #1 Complaint, #2 Corporate Disclosure Statement (aty) and Discovery Requests (O'KEEFE, JOSEPH)
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Filing 5
APPLICATION/PETITION for by HOWMEDICA OSTEONICS CORP.. (Attachments: #1 Exhibits 1 - 10, #2 [Proposed] Order To Show Cause, #3 Memorandum of Law in Support, #4 Declaration of Jay Shellhammer, #5 Exhibits A & B, #6 Declaration of Geoffrey Nelson, #7 Exhibit C, #8 Declaration of Seth Podell, #9 Exhibit D, #10 Declaration of Kathleen Satchel Driscoll)(BARRY, JOHN)
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Filing 4
NOTICE of Appearance by JOSEPH C. O'KEEFE on behalf of HOWMEDICA OSTEONICS CORP. (O'KEEFE, JOSEPH)
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Filing 3
SUMMONS ISSUED as to BRETT HOWARD, COREY PETULLA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dam, )
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Filing 2
Corporate Disclosure Statement by HOWMEDICA OSTEONICS CORP., a subsidiary of STRYKER CORPORATION, a New Jersey corporation. (BARRY, JOHN)
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Filing 1
COMPLAINT against BRETT HOWARD and COREY PETULLA, (Filing and Admin fee $ 400 receipt number 0312-10055982) with JURY DEMAND, filed by HOWMEDICA OSTEONICS CORP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(BARRY, JOHN) Modified on 10/24/2019 (dam, ).
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Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre added. (ps, )
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