Intromedic Co., Ltd. v. Stratis Medical, Inc. et al
| Intromedic Co., Ltd. |
| Suture Express, Inc., Stratis Medical, Inc. and William H. Bookwalter |
| 1:2019cv05323 |
| September 18, 2019 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Cheryl L Pollak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2019. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: In its #32 status letter, the plaintiff represents that it has reached a settlement with defendant Suture Express. Accordingly, Suture Express's #29 request for a pre-motion conference is denied as moot. The parties must file a notice of voluntary dismissal by December 3, 2019. Ordered by Judge Ann M. Donnelly on 11/15/2019. (Lupo, Brandi)
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| Filing 32 MOTION to Withdraw #2 MOTION for Temporary Restraining Order with respect to Defendant Suture Express, Inc., and Submission of Status Letter Pursuant to the Court's Order dated November 13, 2019 (ECF No. 31) by Intromedic Co., Ltd.. (Shim, Haejin) |
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ELECTRONIC ORDER granting #30 - #32 Motions to Withdraw. Motion for TRO #2 is hereby withdrawn; the hearing previously scheduled for 12/5/2019 is cancelled. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/14/2019. (Phillips, Lauren)
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Filing 31
ORDER re #30 : The filed stipulation does not resolve IntroMedic's motion for relief against defendant Suture. As such, the Court directs IntroMedic to file a status letter by Friday, November 15, 2019, clarifying whether the plaintiff intends to pursue its motion for a preliminary injunction against defendant Suture, and if so, whether the previously-scheduled hearing set for December 5, 2019 should proceed. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/13/2019. (Caggiano, Diana)
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| Filing 30 MOTION to Withdraw #2 MOTION for Temporary Restraining Order by Stipulation as to Defendants Stratis Medical, Inc. and William H. Bookwalter by Intromedic Co., Ltd.. (Shim, Haejin) |
| Filing 29 Letter Requesting Pre-Motion Conference on Rule 12(b) Motion by Suture Express, Inc. (Cole, Mark) |
| Filing 28 STIPULATION EXTENSION OF TIME TO FILE ANSWER by William H. Bookwalter, Stratis Medical, Inc. (Wilson, O. Andrew) |
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ELECTRONIC SCHEDULING ORDER: Hearing re. #2 rescheduled for 12/5/2019 at 9:00 AM in Courtroom 13B South before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/7/2019. (Phillips, Lauren)
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ELECTRONIC ORDER granting #28 : Defendants William H. Bookwalter and Stratis Medical, Inc. to answer, move, or otherwise respond by 11/21/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 11/7/2019. (Phillips, Lauren)
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ELECTRONIC SCHEDULING ORDER: Hearing set for 11/12/2019 @ 9:00 AM in Courtroom 13B South before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/31/2019. (Caggiano, Diana)
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| MODIFIED MINUTE ENTRY for Telephone Conference proceeding held before MJ Pollak on 10/28/2019. Appearance for Plaintiff: Haejin A. Shim \ Sung-Min LeeAppearance for Defendant: O. Andrew F. Wilson \ Brian M Haney \ Mark A. Cole. Argument regarding preliminary injunction motion #2 . Hearing to be scheduled for 11/12/2019. Plaintiff's counsel and Suture's counsel to notify court by 10/30/2019. (Caggiano, Diana) Modified on 10/31/2019 (Caggiano, Diana). |
| Filing 27 NOTICE of Appearance by Sung-Min Lee on behalf of Intromedic Co., Ltd. (aty to be noticed) (Lee, Sung-Min) |
| Filing 26 MOTION to Appear by Telephone at Status Conference by Suture Express, Inc.. (Cole, Mark) |
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ELECTRONIC ORDER granting #26 Motion to Appear by Telephone. The Status Conference scheduled for 10/28/2019 at 10:00 AM will proceed via telephone. The parties are to initiate the call and contact Chambers with all counsel on the line at 718-613-2360. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/25/2019. (Phillips, Lauren)
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ELECTRONIC SCHEDULING ORDER: A Status Conference re. the motion for preliminary injunction #2 - #16 - #17 - #22 - #23 is set for 10/28/2019 at 10:00 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/25/2019. (Phillips, Lauren)
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ORDER RESPECTFULLY REFERRING MOTION: #2 MOTION for Temporary Restraining Order filed by Intromedic Co., Ltd. respectfully referred to Judge Cheryl L. Pollak. Ordered by Judge Ann M. Donnelly on 10/25/2019. Motion respectfully referred to Cheryl L. Pollak. (Greene, Donna)
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| Filing 25 Letter Enclosing Courtesy Copy of ECF Submission by Suture Express, Inc. (Cole, Mark) |
| Filing 24 Letter Enclosing a Courtesy Copy of Recent Filing Pursuant to Rule 1.D of the Court's Individual Practices and Rules by Intromedic Co., Ltd. (Shim, Haejin) |
| Filing 23 REPLY in Support re #3 Unsigned Order to Show Cause of Plaintiff's Application for Preliminary Injunction and Reply to Opposition of Suture Express, Inc. filed by Intromedic Co., Ltd.. (Attachments: #1 Declaration of Haejin A. Shim, Esq., #2 Declaration of Sean Yoon) (Shim, Haejin) |
| Filing 22 REPLY in Support re #3 Unsigned Order to Show Cause of Plaintiff's Application for Preliminary Injunction and Reply to Opposition of Stratis and Bookwalter filed by Intromedic Co., Ltd.. (Attachments: #1 Declaration of Haejin A. Shim, Esq., #2 Declaration of Sean Yoon) (Shim, Haejin) |
| Filing 21 NOTICE of Appearance by Brian M Haney on behalf of William H. Bookwalter, Stratis Medical, Inc. (aty to be noticed) (Haney, Brian) |
| PRO HAC VICE FILING FEE: re #19 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11932163. $ 150, receipt number ANYEDC-11948528 (Haney, Brian) |
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Filing 20
ORDER granting #19 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/15/2019. (Caggiano, Diana)
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| Filing 19 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11932163. by William H. Bookwalter, Stratis Medical, Inc.. (Attachments: #1 Affidavit OF BRIAN M. HANEY IN SUPPORT OF MOTION TO ADMIT PRO HAC VICE) (Wilson, O. Andrew) |
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ELECTRONIC ORDER re #18 : #18 is So Ordered. Defendants to answer, move, or otherwise respond by 11/7/2019. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/10/2019. (Phillips, Lauren)
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| Filing 18 STIPULATION Re: Extension of Time to Answer by William H. Bookwalter, Stratis Medical, Inc. (Wilson, O. Andrew) |
| Filing 17 MEMORANDUM in Opposition to Plaintiff's Motion for Preliminary Injunctive Relief filed by William H. Bookwalter, Stratis Medical, Inc.. (Wilson, O. Andrew) |
| Filing 16 MEMORANDUM in Opposition to Plaintiff's Application for Preliminary Injunction filed by Suture Express, Inc.. (Attachments: #1 Declaration of Mark Kenyon) (Cole, Mark) |
| Filing 15 NOTICE of Appearance by Alanna Gayle Kaufman on behalf of William H. Bookwalter, Stratis Medical, Inc. (aty to be noticed) (Kaufman, Alanna) |
| Filing 14 NOTICE of Appearance by O. Andrew F. Wilson on behalf of William H. Bookwalter, Stratis Medical, Inc. (aty to be noticed) (Wilson, O. Andrew) |
| Filing 13 NOTICE of Appearance by Mark A. Cole on behalf of Suture Express, Inc. (notification declined or already on case) (Cole, Mark) |
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ORDER granting #12 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/2/2019. (Phillips, Lauren)
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| Filing 12 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11899097. by Suture Express, Inc.. (Cole, Mark) (Additional attachment(s) added on 10/1/2019: #1 Corrected Aff. In Support-w/Notary Stamp) (Layne, Monique). |
| Filing 11 SUMMONS Returned Executed by Intromedic Co., Ltd.. Suture Express, Inc. served on 9/19/2019, answer due 10/10/2019. (Shim, Haejin) |
| Filing 10 SUMMONS Returned Executed by Intromedic Co., Ltd.. William H. Bookwalter served on 9/19/2019, answer due 10/10/2019. (Shim, Haejin) |
| Filing 9 SUMMONS Returned Executed by Intromedic Co., Ltd.. Stratis Medical, Inc. served on 9/19/2019, answer due 10/10/2019. (Shim, Haejin) |
| Filing 8 NOTICE of Appearance by Angus White Dwyer on behalf of Suture Express, Inc. (aty to be noticed) (Dwyer, Angus) |
| Minute Entry for proceedings held before Judge Ann M Donnelly: Motion Hearing held on 9/19/2019 re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Intromedic Co., Ltd. Haejin Shim appeared on behalf of the plaintiff. Brian Haney appeared on behalf of defendants Stratis Medical, Inc. and William H. Bookwalter. Angus Dwyer and Mark Cole appeared on behalf of defendant Suture Express, Inc. Case called, discussion held. The defendants' response to the plaintiff's #2 motion is due by October 3, 2019. The plaintiff's reply, if any, is due by October 17, 2019. The defendants agreed on the record to cease and desist from making any disparaging statements or representations regarding the plaintiff and its products pending the outcome of this motion. (Court Reporter Charleane Heading.) (Lupo, Brandi) |
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TEMPORARY RESTRAINING ORDER: The defendants agreed on the record to cease and desist from making any disparaging statements or representations regarding the plaintiff and its products. Ordered by Judge Ann M. Donnelly on 9/19/2019. (Lupo, Brandi)
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| Filing 7 NOTICE of Appearance by Haejin A. Shim on behalf of Intromedic Co., Ltd. (notification declined or already on case) (Shim, Haejin) |
| Filing 6 DISCLOSURE of Interested Parties by Intromedic Co., Ltd.. (Bowens, Priscilla) |
| Filing 5 Summons Issued as to All Defendants. (Bowens, Priscilla) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 3 Unsigned Order to Show Cause by Intromedic Co., Ltd. (Bowens, Priscilla) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Intromedic Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration Joon, #3 Declaration Shim) (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Intromedic Co., Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Bowens, Priscilla) |
| FILING FEE: $ 400, receipt number 4653143756 (Bowens, Priscilla) |
| Minute Entry for proceedings held before Judge Ann M. Donnelly regarding #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Intromedic Co., Ltd. Case called, discussions held. The plaintiff must serve its #2 motion on the defendants. The parties are to appear for a hearing on September 19, 2019 at 3:00 p.m. in Courtroom 4G North. (Court Reporter Charleane Heading.) (Lupo, Brandi) |
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