Lake Region Medical, Inc. v. Pike et al
| Lake Region Medical, Inc. |
| Edward Pike and Confluent Medical Technologies, Inc. |
| 1:2021cv00844 |
| July 22, 2021 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| Lawrence J Vilardo |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.
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Filing 50
TEXT ORDER: The notice of voluntary dismissal without prejudice, Docket Item #49 , is HEREBY SO ORDERED. The Clerk of the Court shall close this case. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/8/2021. (MLA)-CLERK TO FOLLOW UP-
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Filing 49
NOTICE of Voluntary Dismissal by Lake Region Medical, Inc. (Greenhaus, David)
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Filing 48
TEXT ORDER. In accordance with Judge Vilardo's referral order dated August 26, 2021, Dkt. 47, a pretrial conference is scheduled before the undersigned on 9/15/2021 at 2:30 p.m. The parties may participate via teleconference; instructions will be provided by email. The parties should be prepared to discuss with the court how to schedule discovery in this matter as Judge Vilardos referral order directed. Issued by Hon. Leslie G. Foschio on 9/1/2021. (SDW)
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Filing 47
TEXT REFERRAL ORDER - Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. In addition, this Court refers the matter to the magistrate judge for discovery on Lake Region's motion for a preliminary injunction, as well as on the issues related to its claim for damages. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/26/2021. (CMD)
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Filing 46
DECISION AND ORDER DENYING the plaintiff's motion for a temporary restraining order. Signed by Hon. Lawrence J. Vilardo on 8/20/2021. (MLA)
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Filing 45
TEXT ORDER: The unopposed motions to seal, Docket Items #28 and #41 are GRANTED, and the stipulation for a protective order, Docket Item #38 is HEREBY SO ORDERED. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/19/2021. (MLA)
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Filing 44
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument regarding Motion for Temporary Restraining held on 8/18/2021. Court granted defendants' unopposed motions to seal, and will consider the filed Stipulation for Protective Order shortly. Court reserved decision. Appearances. For plaintiff: Ryan K. Cummings and David S. Greenhaus. For defendants: Bradley A. Hoppe, Sharon M. Porcellio, and Bradford J. Smith. (Court Reporter Bonnie S. Weber.) (CMD)
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Filing 43
RESPONSE to Motion re #28 MOTION to Seal and designate as Attorneys' Eyes Only filed by Lake Region Medical, Inc.. (Greenhaus, David)
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Filing 42
TEXT ORDER GRANTING #34 MOTION to Withdraw as Attorney (Noel P. Tripp) filed by Lake Region Medical, Inc. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/17/2021. (MLA)-CLERK TO FOLLOW UP-
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E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. #38 Stipulation for Protective Order (SG)
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Filing 41
MOTION to Seal by Confluent Medical Technologies, Inc., Edward Pike.(Duffy, Sophie)
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Filing 40
DECLARATION signed by Edward Pike re #39 Reply/Response filed by Confluent Medical Technologies, Inc., Edward Pike . (Duffy, Sophie)
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Filing 39
REPLY/RESPONSE to re #35 Reply/Response filed by Confluent Medical Technologies, Inc., Edward Pike. (Duffy, Sophie)
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Filing 38
Stipulation for Protective Order by Confluent Medical Technologies, Inc., Edward Pike.(Duffy, Sophie) Modified on 8/17/2021 to correct title and terminate as a motion (SG).
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Filing 37
TEXT ORDER SETTING UPDATED BRIEFING SCHEDULE re #28 Motion to Seal. Response to motion to seal due by 8/17/2021 at 5:00 PM; reply due by 8/18/2021 at 9:00 AM. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/13/2021. (MLA)
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Filing 36
DECLARATION re #31 Declaration filed by Lake Region Medical, Inc. Reply Declaration in further support of plaintiff's motion by order to show cause filed by Lake Region Medical, Inc.. (Greenhaus, David)
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Filing 35
REPLY/RESPONSE to re #30 Memorandum in Opposition Reply Memorandum of Law in further support of plaintiff's motion by order to show cause filed by Lake Region Medical, Inc.. (Greenhaus, David)
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Filing 34
MOTION to Withdraw as Attorney (Noel P. Tripp) by Lake Region Medical, Inc.. (Attachments: #1 Declaration in Support of Motion to Withdraw as Counsel)(Tripp, Noel)
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Filing 33
TEXT ORDER GRANTING #26 MOTION to Withdraw as Attorney filed by Confluent Medical Technologies, Inc. and Edward Pike. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/10/2021. (CMD)
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Filing 32
DECLARATION signed by Brian Adcock re #30 Memorandum in Opposition filed by Confluent Medical Technologies, Inc., Edward Pike . (Attachments: #1 Exhibit A, #2 Exhibit B)(Duffy, Sophie)
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Filing 31
DECLARATION signed by Edward Pike re #30 Memorandum in Opposition filed by Confluent Medical Technologies, Inc., Edward Pike REDACTED. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Duffy, Sophie)
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Filing 30
MEMORANDUM IN OPPOSITION re #1 Notice of Removal, Plaintiff's Complaint for Injunctive Relief and Damages by Confluent Medical Technologies, Inc., Edward Pike. (Attachments: #1 Text of Proposed Order)(Duffy, Sophie)
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Filing 29
TEXT ORDER re #28 Motion to Seal. The Court reserves decision on the motion to seal. Nevertheless, the defendants may temporarily file their response to the motion for a TRO and preliminary injunction under seal; while that response is sealed, it shall remain for attorneys' eyes only. Response to the motion to seal due by 9/11/2021; reply due by 9/12/2021. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 8/9/2021. (MLA)
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Filing 28
MOTION to Seal and designate as Attorneys' Eyes Only by Confluent Medical Technologies, Inc., Edward Pike.(Duffy, Sophie)
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Filing 27
NOTICE by Confluent Medical Technologies, Inc., Edward Pike (Notice of Errata) (Attachments: #1 Exhibit 1)(Duffy, Sophie)
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Filing 26
MOTION to Withdraw as Attorney by Confluent Medical Technologies, Inc., Edward Pike. (Attachments: #1 Declaration in Support of Request to Submit Motion to Withdraw as Counsel)(Weiss, Jordan)
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Filing 25
TEXT ORDER granting #4 Motion for Pro Hac Vice of David S. Greenhaus, Esq., and #13 Motion for Pro Hac Vice of Heather Hulkower, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/4/2021. (CMD)-CLERK TO FOLLOW UP-
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Filing 24
TEXT ORDER granting #11 Motion for Pro Hac Vice of Sophie B. Duffy, Esq., and #12 Motion for Pro Hac Vice of Brandford J. Smith, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/4/2021. (CMD)-CLERK TO FOLLOW UP-
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Filing 23
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Teleconference re: Motion for Temporary Restraining Order held on 8/3/2021. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Attorney Greenhaus requested expedited schedule be set. Attorney Smith did not oppose, but requested opportunity to submit a sur-reply. Defendants' response due by 8/9/2021. Plaintiff's reply due by 8/13/2021. Defendants' sur-reply due by 8/16/2021. Oral Argument scheduled for 8/18/2021 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances by AT&T Teleconference. For plaintiff: Ryan K. Cummings and David S. Greenhaus. For defendants: Bradley A. Hoppe, Sharon M. Porcellio, Sophie Duffy, and Bradford J. Smith. (Court Reporter Ann M. Sawyer.) (CMD)
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Filing 22
CONTINUATION OF EXHIBITS to #12 MOTION to appear pro hac vice of Bradford J. Smith ( Filing fee $ 200 receipt number 0209-4313755.) (Corrected [12-1] with new assigned judge's name). (Weiss, Jordan)
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Filing 21
CONTINUATION OF EXHIBITS to #11 MOTION to appear pro hac vice of Sophie B. Duffy ( Filing fee $ 200 receipt number 0209-4313723.) (Corrected [11-1] with new assigned judge's name). (Weiss, Jordan)
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Filing 20
TEXT ORDER. Status Teleconference set for 8/3/2021 at 2:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/3/2021. (CMD)
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Filing 19
CONTINUATION OF EXHIBITS to #13 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4314378.) . (Shenker, Brian)
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Filing 18
CONTINUATION OF EXHIBITS to #4 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4311668.) (Corrected [4-1] with new assigned judge's name). (Tripp, Noel)
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Case reassigned to Hon. Lawrence J. Vilardo. Hon. William M. Skretny no longer assigned to the case. (CGJ)
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Filing 17
TEXT ORDER The Clerk's office is HEREBY DIRECTED to reassign this case to another District Judge. (GSR)-CLERK TO FOLLOW UP-
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E-Filing Notification: #4 MOTION to appear pro hac vice for David Greenhaus. ACTION REQUIRED: Case reassigned to different Judge, please submit corrected Admission Petition Form, using Continuation of Exhibits (DDS)
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Filing 16
CONTINUATION OF EXHIBITS to #13 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4314378.) . (Shenker, Brian)
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Filing 15
CONTINUATION OF EXHIBITS to #4 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4311668.) (Corrected [4-1] with new assigned judge's name). (Tripp, Noel)
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Filing 14
CONTINUATION OF EXHIBITS to #11 MOTION to appear pro hac vice of Sophie B. Duffy ( Filing fee $ 200 receipt number 0209-4313723.) Admission Petition Form. (Weiss, Jordan)
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Case reassigned to Hon. William M. Skretny. (CGJ)
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E-Filing Notification: #11 MOTION to appear pro hac vice of Sophie B. Duffy, #12 MOTION to appear pro hac vice of Bradford J. Smith, #13 MOTION to appear pro hac vice of Heather Huklower ACTION REQUIRED: Case reassigned to different Judge, please submit corrected Admission Petition Form, using Continuation of Exhibits. (DDS)
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Filing 13
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4314378.) by Lake Region Medical, Inc.. (Attachments: #1 Exhibit Admission Petition FOrm, #2 Affidavit Sponsoring Affidavit, #3 Exhibit Attorney's Oath, #4 Exhibit Certificates of Good Standing, #5 Exhibit Civility Principles Oath, #6 Exhibit Attorney Database Info Sheet)(Shenker, Brian)
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Filing 12
MOTION to appear pro hac vice of Bradford J. Smith ( Filing fee $ 200 receipt number 0209-4313755.) by Confluent Medical Technologies, Inc., Edward Pike. (Attachments: #1 Admission Petition Form, #2 Admission Sponsor Affidavit of Sharon M. Porcellio, #3 Attorneys Oath, #4 Civility Principles and Guidelines Oath, #5 Attorney Database and Electronic Case Filing Registration Form)(Weiss, Jordan)
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Filing 11
MOTION to appear pro hac vice of Sophie B. Duffy ( Filing fee $ 200 receipt number 0209-4313723.) by Confluent Medical Technologies, Inc., Edward Pike. (Attachments: #1 Admission Petition Form, #2 Admission Sponsor Affidavit of Sharon M. Porcellio, #3 Attorneys Oath, #4 Civility Principles and Guidelines Oath, #5 Attorney Database and Electronic Case Filing Registration Form)(Weiss, Jordan)
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Filing 10
Corporate Disclosure Statement by Lake Region Medical, Inc. identifying Corporate Parent Greatbatch Ltd., Corporate Parent Integer Holdings Corporation for Lake Region Medical, Inc... (Tripp, Noel)
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Filing 9
NOTICE of Appearance by Bradley A. Hoppe on behalf of Confluent Medical Technologies, Inc., Edward Pike (Hoppe, Bradley)
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Filing 8
TEXT ORDER OF RECUSAL: I hereby recuse myself from further involvement in this matter and ask the Clerk of the Court to reassign this matter to another district judge. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/27/2021. (KLH)-CLERK TO FOLLOW UP-
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Filing 7
TEXT ORDER: The July 27, 2021 telephonic status conference is CANCELED. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/27/2021. (KLH)
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Filing 6
NOTICE of Appearance by Ryan K. Cummings on behalf of Lake Region Medical, Inc. (Cummings, Ryan)
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Filing 5
TEXT ORDER: A Telephonic Status Conference is set for July 27, 2021 at 3:30 PM. To access the conference, the parties shall dial 888-363-4735 and enter access code 9268964#. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/26/2021. (KLH)
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Filing 4
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number 0209-4311668.) by Lake Region Medical, Inc.. (Attachments: #1 Exhibit (Admission Petition Form), #2 Affidavit (Sponsoring Affidavit), #3 Exhibit (Attorney's Oath), #4 Exhibit (Certificates of Good Standing), #5 Exhibit (Civility Principles Oath), #6 Exhibit (Attorney Database Info Sheet))(Tripp, Noel)
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Filing 3
NOTICE of Appearance by Sharon M. Porcellio on behalf of Confluent Medical Technologies, Inc., Edward Pike (Porcellio, Sharon)
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Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Filing 2
Corporate Disclosure Statement by Confluent Medical Technologies, Inc.. (Weiss, Jordan)
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Filing 1
NOTICE OF REMOVAL by Confluent Medical Technologies, Inc., Edward Pike from Erie County Supreme Court, case number 809821/2021. (Filing fee $ 402 receipt number 0209-4310573), filed by Confluent Medical Technologies, Inc., Edward Pike. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Weiss, Jordan)
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