Zest Anchors, LLC v. Biomet 3i, LLC
| Zest Anchors, LLC d/b/a Zest Dental Solutions and Zest Anchors, LLC doing business as Zest Dental Solutions |
| Biomet 3i, LLC d/b/a ZimVie and Biomet 3i, LLC doing business as ZimVie |
| 1:2023cv07232 |
| August 15, 2023 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time. The parties' request is GRANTED. Plaintiff shall file its opposition to Defendant's motion to dismiss no later than October 17, 2023, and Defendant shall file its reply no later than November 7, 2023. The Initial Pretrial Conference is adjourned to December 12, 2023 at 11:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/27/2023) (jca)
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| Set/Reset Deadlines: ( Responses due by 10/17/2023, Replies due by 11/7/2023.), Set/Reset Hearings:( Initial Conference set for 12/12/2023 at 11:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (jca) |
| Filing 27 JOINT LETTER MOTION for Extension of Time addressed to Judge Jennifer L. Rochon from Michael J. Garvey and Jared B. Briant dated September 26, 2023. Document filed by Zest Anchors, LLC..(Garvey, Michael) |
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Filing 26
ORDER denying as moot #5 Motion to Dismiss. In light of Defendant's new motion to dismiss, see ECF No. 23, Defendant's earlier motion to dismiss filed at ECF No. 5 is hereby DENIED as moot. Plaintiff's opposition to the new motion to dismiss is due by October 3, 2023. Defendant's reply, if any, is due by October 9, 2023. The Clerk of Court is directed to terminate ECF No. 5. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/20/2023) (vfr)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #25 Proposed Order was reviewed and approved as to form. (tp) |
| Set/Reset Deadlines: Responses due by 10/3/2023 Replies due by 10/9/2023. (vfr) |
| Filing 25 PROPOSED ORDER. Document filed by Biomet 3i, LLC. Related Document Number: #23 ..(Briant, Jared) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Am. Compl. (ECF No. 21). . Document filed by Biomet 3i, LLC..(Briant, Jared) |
| Filing 23 MOTION to Dismiss Am. Compl. (ECF No. 21). Document filed by Biomet 3i, LLC..(Briant, Jared) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Ivory Super Holdco Inc. for Zest Anchors, LLC. Document filed by Zest Anchors, LLC..(Garvey, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael John Garvey to RE-FILE Document No. #20 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Filing 21 AMENDED COMPLAINT against Biomet 3i, LLC.Document filed by Zest Anchors, LLC..(Garvey, Michael) |
| Filing 20 FILING ERROR -- DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ivory Super Holdco Inc. for Zest Anchors, LLC. Document filed by Zest Anchors, LLC..(Garvey, Michael) Modified on 9/6/2023 (lb). |
| Filing 19 NOTICE OF APPEARANCE by Alison Michelle Sher on behalf of Zest Anchors, LLC..(Sher, Alison) |
| Filing 18 NOTICE OF APPEARANCE by Michael John Garvey on behalf of Zest Anchors, LLC..(Garvey, Michael) |
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Filing 17
ORDER granting #16 Motion for Jared B. Briant to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| Filing 16 MOTION for Jared B. Briant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28225406. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Biomet 3i, LLC. (Attachments: #1 Affidavit of Jared Briant, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing, #5 Proposed Order to Appear Pro Hac Vice).(Briant, Jared) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Jared B. Briant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28225406. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (dsh) |
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Filing 15
ORDER granting #14 Motion for Lauren J.F. Barta to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer L. Rochon)(Text Only Order) (aba)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Lauren J.F. Barta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28214452. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 14 MOTION for Lauren J.F. Barta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28214452. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Biomet 3i, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Good Standing, #5 Affidavit Affidavit of Lauren J.F. Barta in Support of Motion for Admission Pro Hac Vice, #6 Proposed Order Proposed Order).(Barta, Lauren) |
| Filing 13 NOTICE OF APPEARANCE by Sophie Jane Chau on behalf of Biomet 3i, LLC..(Chau, Sophie) |
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Filing 12
ORDER granting #7 Letter Motion to Seal. The request is GRANTED. In light of the parties' agreement that Exhibit 1 contains sensitive competitive business information, and after review of that exhibit, the Court concludes that the presumption in favor of public access is outweighed by the need to protect sensitive, proprietary business information. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/23/2023) (jca)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #10 Proposed Order was reviewed and approved as to form. (km) |
| Filing 11 AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss, Memorandum in Support of Motion to Dismiss, Letter Motion to Seal, Declaration of Lucy N. Onyeforo, Ex. 1 and Proposed Order served on Zest Anchors, LLC on 08/22/2023. Service was made by Mail. Document filed by Biomet 3i, LLC..(Onyeforo, Lucy) |
| Filing 10 PROPOSED ORDER. Document filed by Biomet 3i, LLC. Related Document Number: #5 ..(Onyeforo, Lucy) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 9 ***SELECTED PARTIES***DECLARATION of Lucy N. Onyeforo in Support re: #7 LETTER MOTION to Seal Confidential Exhibit addressed to Judge Jennifer L. Rochon from Lucy N. Onyeforo dated August 22, 2023., #5 MOTION to Dismiss .. Document filed by Biomet 3i, LLC, Zest Anchors, LLC. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #7 .(Onyeforo, Lucy) |
| Filing 8 DECLARATION of Lucy N. Onyeforo in Support re: #7 LETTER MOTION to Seal Confidential Exhibit addressed to Judge Jennifer L. Rochon from Lucy N. Onyeforo dated August 22, 2023., #5 MOTION to Dismiss .. Document filed by Biomet 3i, LLC..(Onyeforo, Lucy) |
| Filing 7 LETTER MOTION to Seal Confidential Exhibit addressed to Judge Jennifer L. Rochon from Lucy N. Onyeforo dated August 22, 2023. Document filed by Biomet 3i, LLC..(Onyeforo, Lucy) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss . . Document filed by Biomet 3i, LLC..(Onyeforo, Lucy) |
| Filing 5 MOTION to Dismiss . Document filed by Biomet 3i, LLC..(Onyeforo, Lucy) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/24/2023 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/18/2023) (jca)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lucy Nnenna Onyeforo. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lucy Nnenna Onyeforo. The party information for the following party/parties has been modified: Zest Anchors, LLC d/b/a Zest Dental Solutions, Biomet 3i, LLC d/b/a ZimVie. The information for the party/parties has been modified for the following reason/reasons: alias party type was entered incorrectly. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) |
| Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Zimmer Biomet Spine, Inc. for Biomet 3i, LLC d/b/a ZimVie. Document filed by Biomet 3i, LLC d/b/a ZimVie..(Onyeforo, Lucy) |
| Filing 2 CIVIL COVER SHEET filed..(Onyeforo, Lucy) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653371/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28153053).Document filed by Biomet 3i, LLC d/b/a ZimVie. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Docket Sheet, #3 Exhibit C - Zest Anchors LLC - Statement of Information 2022- CA SOS, #4 Exhibit D - Declaration Cynthia Hughes-Coons, #5 Exhibit E - Acceptance of Service Email).(Onyeforo, Lucy) |
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