ConMed Corporation vs. First Choice Prosthetic & Orthopedic Service, Inc.
| ConMed Corporation |
| First Choice Prosthetic & Orthopedic Service, Inc. |
| 6:2023cv00862 |
| July 17, 2023 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Contract: Recovery/Enforcement |
| 9 U.S.C. ยง 9 Motion to Confirm Arbitration Loan |
| None |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT: It is ORDERED and ADJUDGED that Conmed has heretofore made a payment of $900,000.00 to First Choice on June 30, 2023. The Parties' commercial distribution relationship, including any and all contractual rights or obligations owing between the parties, is deemed validly terminated under the provisions of Law 75, and at common law. Conmed shall cancel all pending, prepaid Purchase Orders, which have not yet shipped, and shall refund the purchase price of any such canceled orders in the amount of $18,048.85 within five days of the Final Award on Consent. First Choice shall have a right to sell any previously-purchased Conmed Inventory, equipment, and instrumentation in its possession as of the date of the Award, without restriction. Each side shall bear their own attorneys fees and costs. All AAA administrative fees and expenses and arbitrator fees and expenses shall be split equally between the parties. (nmk) |
| Filing 7 AMENDED FINAL AWARD ON CONSENT. Signed by Chief Judge Brenda K. Sannes on 9/7/2023. (nmk) |
Filing 6
TEXT ORDER: The Court has reviewed the parties' Joint Petition/Motion to Confirm Arbitration Award #1 pursuant to 9 U.S.C. 9. Because there is at least a "barely colorable justification" for the outcome reached by the arbitrator, D.H. Blair & Co. Inc. v. Gottdiener, 462 F.3d 95, 110 (2d Cir. 2006), the Court will confirm the Amended Final Award on Consent. Accordingly, the parties' Joint Petition/Motion to Confirm Arbitration Award (Dkt. No. #1 ). Is GRANTED. It is further ORDERED that the Clerk of the Court is directed to enter judgment confirming the Amended Final Award on Consent (1-1) and close the case. SO ORDERED by Chief Judge Brenda K. Sannes on 9/7/2023. (nmk)
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| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by First Choice Prosthetic & Orthopedic Service, Inc.. (Katz, Mitchell) |
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Filing 4
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Chief Judge Brenda K. Sannes on 7/19/2023. (nmk)
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| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by ConMed Corporation identifying Corporate Parent CONMED Corporation for ConMed Corporation.. (D'Agostino, Mary) |
| Filing 2 NOTICE OF APPEARANCE by Mary L. D'Agostino on behalf of ConMed Corporation (D'Agostino, Mary) |
| Filing 1 PETITION/MOTION to Confirm Arbitration Award Response to Motion due by 8/8/2023. Filing fee $402 receipt number ANYNDC-6372509 (Attachments: #1 Exhibit A. Amended Final Award on Consent with Settlement Agreement, #2 Memorandum of Law, #3 Civil Cover Sheet) (mmg ) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 6:21-cv-01245-BKS. (mmg ) |
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| Petitioner: ConMed Corporation | |
| Represented By: | John G. Powers |
| Represented By: | Mary L. D'Agostino |
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| Respondent: First Choice Prosthetic & Orthopedic Service, Inc. | |
| Represented By: | Mitchell J. Katz |
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