Atwell v. DJO, INCORPORATED et al
| Sarah E. Atwell |
| DJO Incorporated, REABLE THERAPEUTICS, LLC, I-FLOW CORPORATION, ASTRAZENECA PLC, Astrazeneca Pharmaceuticals LP, Astrazeneca LP, ZENECA HOLDINGS, INC., APP PHARMACEUTICALS, INC., APP PHARMACEUTICALS, LLC, ABRAXIS BIOSCIENCE, INC., ABRAXIS BIOSCIENCE, LLC, Hospira, Inc., Abbott Laboratories, Allscripts, LLC, Ascence, Inc., Catalent Pharma Solutions, LLC, Catalent Pharma Solutions, Inc., Physicians Total Care, Inc., DJ Orthopedics, Inc., Ethicon, Inc., Abbott Laboratories doing business as AP Pharmaceuticals, Inc., Abbott Laboratories, Inc. doing business as Abbott Sales, Marketing & Distribution Company, MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC., The Broe Companies, Inc., Pat Broe and Woo Young Medical Co. Ltd |
| 5:2008cv00346 |
| July 18, 2008 |
| US District Court for the Eastern District of North Carolina |
| Personal Inj. Prod. Liability Office |
| WAKE |
| James C Dever |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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Filing 252
ORDER: The court has reviewed the stipulation of dismissal with prejudice filed on September 10, 2012 [D.E. 251]. The action is DISMISSED with prejudice, with each party to bear its own costs and fees. The clerk shall close the case. Signed by Chief Judge James C. Dever III on 9/10/2012. (Sawyer, D.)
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| Filing 251 STIPULATION of Dismissal with Prejudice of Woo Young Medical Co., LTD by Sarah E. Atwell. (Munson, Matthew) |
| Filing 250 NOTICE of Settlement (Joint Notice of Settlement) by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| MOTION SUBMITTED to Chief Judge James C. Dever III: #227 Motion to Consolidate Cases. (Sawyer, D.) |
| Filing 249 REPLY to Response to Motion regarding #227 MOTION to Consolidate Cases filed by Sarah E. Atwell. (Horne, H.) |
| Filing 248 MEMORANDUM IN SUPPORT of #247 Motion to Exclude Testimony and Report of David S. Bailie, M.D. (a portion of the exhibits are at Docket Entries #230 and #232 , please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| Filing 247 MOTION to Exclude Testimony and Report of David S. Bailie, M.D. by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| Filing 246 MEMORANDUM IN SUPPORT of #245 Motion to Exclude Testimony and Report of Stephen F. Badylak (a portion of the exhibits are at Docket Entry #230 , please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| Filing 245 MOTION to Exclude Testimony and Report of Stephen F. Badylak by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| Filing 244 MEMORANDUM IN SUPPORT of #243 Motion to Exclude Testimony and Report of Maria Vargas and Gary Albrecht, Ph.D filed by Woo Young Medical Co. Ltd. (Attachments: #1 Exhibit 1 - Life Care Plan and Earning Capacity Assessment by Maria Vargas, #2 Exhibit 2 - Addendum and Update Report by Maria Vargas, #3 Exhibit 3 - Gary Albrecht Report) (Boyette, Richard) |
| Filing 243 MOTION to Exclude Testimony and Report of Maria Vargas and Gary Albrecht, Ph.D by Woo Young Medical Co. Ltd. (Boyette, Richard) |
| Filing 242 MEMORANDUM IN SUPPORT of #241 Motion to Exclude Testimony and Report of John Walter Swanson, M.D. (a portion of the exhibits are at Docket Entries #230 , #232 , and #234 , please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Expert Report of Dr. Swanson, #3 Exhibit 2 - AAOS Evidence-Based Practice, Table 17) (Boyette, Richard) |
| Filing 241 MOTION to Exclude Testimony and Report of John Walter Swanson, M.D. by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 240 MEMORANDUM IN SUPPORT of #239 Motion to Exclude Testimony and Report of Warren Dunn, M.D. (a portion of the exhibits are at Docket Entries #230 , #232 , and #234 , please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Expert Report of Dr. Dunn dated March 12, 2012, #3 Exhibit 2 - Initial Report of Dr. Dunn dated July 5, 2010, #4 Exhibit 3 - Lopez v. Arizonia) (Fitzsimmons, Margaret) |
| Filing 239 MOTION to Exclude Testimony and Report of Warren Dunn, M.D. by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 238 MEMORANDUM IN SUPPORT of #237 Motion to Exclude Testimony and Report of Martin T. Wells, Ph.D. A portion of the exhibits are at Docket Entries #230 , #232 , and #234 , please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Supplemental Declaration of Martin T. Wells, Ph.D., #3 Exhibit 2 - Declaration of Martin T. Wells, Ph.D.) (Fitzsimmons, Margaret) |
| Filing 237 MOTION to Exclude Testimony and Report of Martin T. Wells, Ph.D. by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 236 MEMORANDUM IN SUPPORT of #235 Motion to Exclude Testimony and Report of Suzanne Parisian, M.D. filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - In re Guidant Corp. Implantable Defibrilators Prods. Liab. Litig., #3 Exhibit 2 - In re Trasylol Prods. Liab. Litig., #4 Exhibit 3 - Lopez et al. v. I-Flow Inc., #5 Exhibit 4 - Miller v. Stryker Instruments, #6 Exhibit 5 - Transcript of Proceedings from Jan. 8, 2010, #7 Exhibit 6 - Expert Report of Dr. Parisian, #8 Exhibit 7 - Deposition Testimony Excerpts from Dr. Parisian) (Fitzsimmons, Margaret) |
| Filing 235 MOTION to Exclude Testimony and Report of Suzanne Parisian, M.D. by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| NOTICE TO COUNSEL regarding docket entries #228 - #236 . Counsel is reminded pursuant to Local Civil Rule 83.1(d) all documents must include local counsel's signature. (Heath, D.) |
| Filing 234 Memorandum in Support regarding #233 MOTION to Exclude Testimony and Report of Sander Greenland, Ph.D. (A portion of the exhibits are at DE # 230 and 232, please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index \ Index of Exhibits, #2 Exhibit 1 - Wiater article, #3 Exhibit 2 - Anderson article, #4 Exhibit 3 - Chu article (2010), #5 Exhibit 4 - Bailie article) (Fitzsimmons, Margaret) |
| Filing 233 MOTION to Exclude Testimony and Report of Sander Greenland, Ph.D. by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 232 Memorandum in Support regarding #231 MOTION to Exclude Testimony and Reports of Plaintiff's General Causation Experts (A portion of the exhibits are at DE #230, please refer to the Memorandum for specific citations) filed by Woo Young Medical Co. Ltd. (Attachments: #1 Exhibit \ Index of Exhibits, #2 Exhibit 1 - Lubowitz article, #3 Exhibit 2 - Karpie article, #4 Exhibit 3 - Chu article (2006), #5 Exhibit 4 - Chu article (2008), #6 Exhibit 5 - Gomoll article (2006), #7 Exhibit 6 - Gomoll article (2008), #8 Exhibit 7 - Greis article, #9 Exhibit 8 - Saltzman article, #10 Exhibit 9 - Petty article) (Fitzsimmons, Margaret) |
| Filing 231 MOTION to Exclude Testimony and Reports of Plaintiff's General Causation Experts by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 230 Memorandum in Support regarding #229 MOTION for Summary Judgment filed by Woo Young Medical Co. Ltd. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Deposition Testimony Excerpts from Dr. Kevin Speer, #3 Exhibit 2 - 510(k) Notification for the Accufuser and Accufuser Plus, #4 Exhibit 3 - Solomon article, #5 Exhibit 4 - Hansen article, #6 Exhibit 5 - Kang article, #7 Exhibit 6 - McNickle article, #8 Exhibit 7 - Coobs/LaParade article, #9 Exhibit 8 - Rapley article, #10 Exhibit 9 - Solomon article, #11 Exhibit 10 - Bogatch article, #12 Exhibit 11 - Piper article, #13 Exhibit 12 - Expert Reports of Dr. Busfield, #14 Exhibit 13 - Expert Reports of Dr. Badylak, #15 Exhibit 14 - Expert Report of Dr. Bailie, #16 Exhibit 15 Part 1 of 2 - Expert Reports of Dr. Greenland, #17 Exhibit 15 Part 2 of 2 - Expert Reports of Dr. Greenland, #18 Exhibit 16 - 2nd Supplemental Declaration of Dr. Martin Wells, #19 Exhibit 17 - Meharg v. I-Flow Corp., #20 Exhibit 18 - Phillippi v. Stryker, #21 Exhibit 19 - Krumpelbeck v. Breg, Inc., #22 Exhibit 20 - Rodriguez v. Stryker, #23 Exhibit 21 - Baraukas v. Danek Med., Inc.) (Fitzsimmons, Margaret) |
| Filing 229 MOTION for Summary Judgment by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 228 RESPONSE in Opposition regarding #227 MOTION to Consolidate Cases filed by Woo Young Medical Co. Ltd. (Attachments: #1 Exhibit 1 (Dr. Speer transcript), #2 Exhibit 2 (Wyeth case), #3 Exhibit 3 (Johnson case), #4 Exhibit 4 (Lopez case), #5 Exhibit 5 (Warner case), #6 Exhibit 56 (Orthopedic Bone case), #7 Exhibit 7 (In re Diet Drugs case), #8 Exhibit 8 (Adams case)) (Fitzsimmons, Margaret) |
| Filing 227 MOTION to Consolidate Cases by Sarah E. Atwell. (Attachments: #1 Memorandum in Support of Plaintiff's Motion to Consolidate for Trial) (Horne, H.) |
| NOTICE TO COUNSEL regarding #225 Motion for Extension of Time. For future reference, counsel should avoid using abbreviations when identifying exhibits. Clerk's Office corrected the abbreviation "Ex. A" to reflect "Exhibit A" in docket entry #225 . (Heath, D.) |
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Filing 226
ORDER granting #225 Motion for Extension of Time to Complete Discovery. Signed by Chief Judge James C. Dever III on 5/15/2012. (Sawyer, D.)
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| MOTION SUBMITTED to Chief Judge James C. Dever III: #225 Motion for Extension of Time to Complete Discoveryto File Dispositive Motions. (Sawyer, D.) |
| Filing 225 MOTION for Extension of Time to Complete Discovery for Experts and for Extension of Time to File Dispositive Motions (Unopposed) by Woo Young Medical Co. Ltd. (Attachments: #1 Exhibit A - Text of Proposed Order) (Fitzsimmons, Margaret) |
| Filing 224 NOTICE by Woo Young Medical Co. Ltd OF STATEMENT TO COURT REGARDING TRIAL DATE. (Fitzsimmons, Margaret) |
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Filing 223
ORDER granting #222 Motion to Amend Scheduling Order. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief US District Judge James C. Dever III on 11/7/2011. (Sawyer, D.)
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| Motion Submitted to Chief US District Judge James C. Dever III: #222 Joint Motion to Amend the Scheduling Order. (Sawyer, D.) |
| NOTICE OF CORRECTION as to #222 "Stipulation": This document was incorrection filed as a Stipulation and should have been filed as a Joint Motion to Amend the Scheduling Order. The case manager has corrected the error. (Sawyer, D.) |
| Filing 222 MOTION TO AMEND Scheduling Order (Joint) filed by Sarah E. Atwell. (Attachments: #1 Exhibit 1-Proposed Order to Extend Discovery Deadline) (Munson, Matthew) Modified on 11/1/2011. Document was incorrectly filed as a stipulation instead as a motion. Case Manager corrected the error. (Sawyer, D.) |
| Filing 221 AMENDED ORDER granting joint motion to amend the scheduling order. Counsel should read the order in its entirety for critical deadlines and information. Signed by US District Judge James C. Dever III on 9/26/2011. (Sawyer, D.) |
| Filing 220 AMENDED SCHEDULING ORDER - Counsel should review the Order in its entirety for critical deadlines and information. Signed by U.S. District Judge James C. Dever III on 9/21/11. (Talbert, S.) |
| Motion Submitted to US District Judge James C. Dever III: #219 Joint Motion to Amend Scheduling Order. (Sawyer, D.) |
| Filing 219 Joint MOTION to Amend/Correct SCHEDULING ORDER by Sarah E. Atwell, Woo Young Medical Co. Ltd. (Attachments: #1 Exhibit A - Proposed Amended Scheduling Order) (Fitzsimmons, Margaret) Modified on 8/29/2011 to identify exhibit attachment. (Jenkins, C.) |
| Filing 218 Minute Entry for proceedings held before District Judge James C. Dever III: Status Conference held on 6/7/2011. Counsel for all parties present. Settlement agreement has been reached with some of the defendants, and a stipulation of dismissal will be filed as to those parties. Woo Young Medical is the sole remaining defendant. Counsel do not anticipate having to request amendment to the scheduling order, anticipate a July 2012 trial date, and are open to mediation with a Magistrate Judge following discovery. (Court Reporter Lindsey Cline) (Sawyer, D.) |
| Filing 217 STIPULATION of Dismissal of McKinley Medical, LLC, The Broe Companies, Inc. and Pat Broe by MCKINLEY MEDICAL, L.L.C. (Williford, Joseph) |
| Filing 216 NOTICE OF HEARING: Status Conference set for 6/7/2011 at 12:00 PM in Raleigh - 7th Floor - Courtroom 1 before US District Judge James C. Dever III. (Sawyer, D.) |
| NOTICE OF DEFICIENCY re: #215 Notice of Withdrawal - Local Civil Rule 83.1(g) states: No attorney or law firm whose appearance has been entered shall withdraw his or her appearance or have it stricken from the record except with leave of court. However if an attorney within the same firm replaces counsel for a party, the new attorney may file a notice of substitution of counsel and the court will substitute the attorneys without order of the court." Because counsel is not requesting for substitution of new counsel, a Motion to Withdraw must be filed seeking leave of the court. (Jenkins, C.) |
| Filing 215 NOTICE by Sarah E. Atwell of Withdrawal of Heather A. Brann Pursuant to L.R. 83.1(g) (Brann, Heather) |
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Filing 214
ORDER granting #213 Motion to Amend Scheduling Order. Counsel should read the order in its entirety for all critical deadlines. Signed by District Judge James C. Dever III on 4/5/2011. (Sawyer, D.)
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| Filing 213 MOTION to Amend/Correct (to Amend Scheduling Order) by Woo Young Medical Co. Ltd. (Attachments: #1 Text of Proposed Order) (Fitzsimmons, Margaret) |
| Motion Submitted to Judge Dever: #213 Motion to Amend Scheduling Order. (Sawyer, D.) |
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Filing 212
ORDER granting #170 Motion for Summary Judgment. Defendants Moog, Inc. and Curlin Medical, Inc. are DISMISSED as defendants. Signed by U.S. District Judge James C. Dever III on 3/18/2011. (Sawyer, D.)
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Filing 211
ORDER AMENDING SCHEDULING ORDER: Counsel should read the order in its entirety for all critical deadlines. Discovery deadline 6/17/2011. Motion deadline 7/15/2011. Signed by District Judge James C. Dever III on 2/25/2011. (Sawyer, D.)
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Filing 210
ORDER granting #209 Motion for Protective Order. Signed by Judge James C. Dever III on 1/24/2011. (Sawyer, D.)
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| Motion Submitted to Judge Dever: #209 Joint Motion for Protective Order. (Sawyer, D.) |
| Filing 209 Joint MOTION for Protective Order by Sarah E. Atwell, Pat Broe, CURLIN MEDICAL, INC., MCKINLEY MEDICAL, L.L.C., MOOG, INC., The Broe Companies, Inc., Woo Young Medical Co. Ltd. (Attachments: #1 Text of Proposed Order Granting Joint Motion for Amended Stipulated Protective Order) (Mize, Leslie) |
| Filing 208 ANSWER to #185 Amended Complaint and Affirmative Defenses by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 207 FINANCIAL DISCLOSURE STATEMENT by Woo Young Medical Co. Ltd. (Fitzsimmons, Margaret) |
| Filing 206 NOTICE of Appearance for non-district by Margaret M. Fitzsimmons on behalf of Woo Young Medical Co. Ltd (Fitzsimmons, Margaret) |
| Filing 205 NOTICE of Appearance by Meghan Naomi Knight on behalf of Woo Young Medical Co. Ltd (Knight, Meghan) |
| Filing 204 NOTICE of Appearance by Richard T. Boyette on behalf of Woo Young Medical Co. Ltd (Boyette, Richard) |
| Filing 203 Rule 26(f) Report (joint) by CURLIN MEDICAL, INC., MCKINLEY MEDICAL, L.L.C., MOOG, INC. (Da Cunzo, Daniella) |
| Filing 202 NOTICE of Appearance for non-district by Thomas B Powers on behalf of Sarah E. Atwell (Powers, Thomas) |
| Filing 201 NOTICE of Appearance for non-district by Heather A. Brann on behalf of Sarah E. Atwell (Brann, Heather) |
| Filing 200 SUMMONS Returned Executed by Sarah E. Atwell. Woo Young Medical Co. Ltd served on 8/19/2010. (Williams, Michael) |
| Filing 199 NOTICE OF FILING OF SUBSEQUENTLY DECIDED AUTHORITY as to #170 Motion for Summary Judgment by Curlin Medical, Inc. and Moog, Inc. (Williford, Joseph) |
| Filing 198 ANSWER to #185 Amended Complaint by Pat Broe. (Mize, Leslie) |
| Filing 197 FINANCIAL DISCLOSURE STATEMENT by The Broe Companies, Inc. (Mize, Leslie) |
| Filing 196 ANSWER to #185 Amended Complaint by The Broe Companies, Inc. (Mize, Leslie) |
| Filing 195 WAIVER OF SERVICE Returned Executed by Sarah E. Atwell. The Broe Companies, Inc. waiver sent on 6/22/2010, answer due 8/21/2010. (Williams, Michael) |
| Filing 194 WAIVER OF SERVICE Returned Executed by Sarah E. Atwell. Pat Broe waiver sent on 6/22/2010, answer due 8/21/2010. (Williams, Michael) |
| Filing 193 ANSWER to #185 Amended Complaint (second amended complaint) by CURLIN MEDICAL, INC.. (Williford, Joseph) |
| Filing 192 ANSWER to #185 Amended Complaint (second amended complaint) by MOOG, INC.. (Williford, Joseph) |
| Filing 191 ANSWER to #185 Amended Complaint (second amended complaint) by MCKINLEY MEDICAL, L.L.C.. (Williford, Joseph) |
| Filing 190 Summons Issued as to Woo Young Medical Co. Ltd. Counsel should print summons and effect service. (Sawyer, D.) |
| Filing 189 REQUEST FOR WAIVER of Service sent to The Broe Companies c/o Heidi Chesley, Esq. on 06/23/2010 by Sarah E. Atwell. Waiver of Service due by 7/23/2010. (Williams, Michael) |
| Filing 188 REQUEST FOR WAIVER of Service sent to Pat Broe c/o Heidi A Chesley, Esq. on 06-23-2010 by Sarah E. Atwell. Waiver of Service due by 7/23/2010. (Williams, Michael) |
| Filing 187 NOTICE of Appearance for non-district by Laura B Kalur on behalf of Sarah E. Atwell. (Kalur, Laura) |
| Filing 186 NOTICE by Sarah E. Atwell - re: #185 Amended Complaint Summons in a Civil Action to Woo Young Medical Co., Ltd. (Williams, Michael) |
| Filing 185 AMENDED COMPLAINT Second Amended Complaint (Jury Trial Demanded) against CURLIN MEDICAL, INC., MCKINLEY MEDICAL, L.L.C., MOOG, INC., The Broe Companies, Inc., Pat Broe, Woo Young Medical Co. Ltd, filed by Sarah E. Atwell. (Williams, Michael) |
| Filing 184 NOTICE by CURLIN MEDICAL, INC., MOOG, INC. - re: #170 MOTION for Summary Judgment of Suggestion of Subsequently Decided Authority. (Williford, Joseph) |
| Defendant Moog, Inc. and Curlin Medical's "Filing of Subsequently Decided Authority" re #170 submitted to chambers. (Sawyer, D.) |
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Filing 183
ORDER denying as moot #154 Motion to Stay; denying as moot #156 Motion for Joinder; granting #167 Motion to Amend/Correct; granting #179 Motion for Discovery. See Order for deadlines. Signed by Judge James C. Dever, III on 6/14/2010. Copies served. (Sawyer, D.)
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| Filing 182 NOTICE by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. of Service of Responses to Plaintiff's 3rd set of Interrogatories and Request for Documents. (Williford, Joseph) |
| Filing 181 REPLY to Response to Motion - re: #170 MOTION for Summary Judgment filed by MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Exhibit A: Cox v DJO, #2 Exhibit B: Deposition of Ramji Gupta in Cox v DJO) (Williford, Joseph) |
| Motions Submitted to Judge Dever: #179 Joint MOTION for Discovery Amendment to Scheduling Order, #170 MOTION for Summary Judgment, #167 MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND COMPLAINT TO CORRECT THE CAPTION AND TO ADD DEFENDANTS THE BROE COMPANIES, PAT BROE, AND WOO YOUNG MEDICAL, CO. LTD. (Edwards, S.) |
| Filing 180 REPLY to Response to Motion - re: #167 MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND COMPLAINT TO CORRECT THE CAPTION AND TO ADD DEFENDANTS THE BROE COMPANIES, PAT BROE, AND WOO YOUNG MEDICAL, CO. LTD. (No Opposition Filed) filed by Sarah E. Atwell. (Williams, Michael) |
| Filing 179 Joint MOTION for Discovery Amendment to Scheduling Order by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. (Attachments: #1 Text of Proposed Order Amending scheduling order) (Williford, Joseph) |
| Filing 178 AFFIDAVIT - re: #176 Response to Motion Declaration of Mike Williams in Support of Memorandum in Opposition to Moog, Inc. and Curlin Medical, Inc.'s Motion for Summary Judgment by Sarah E. Atwell. (Munson, Matthew) |
| Filing 177 SEALED Exhibit by Plaintiff Sarah E. Atwell - re: #176 Response to Motion. (Attachments: #1 Exhibit C: May 4, 2006 Letter to Pat Broe (FILED UNDER SEAL), #2 Exhibit D: General Assignment (FILED UNDER SEAL), #3 Exhibit E: Agreement and Plan of Merger (FILED UNDER SEAL), #4 Exhibit G: Deposition Transcript of Richard Randall Hoffman (FILED UNDER SEAL)) (Munson, Matthew) Modified on 5/18/2010 (Edwards, S.). |
| Filing 176 RESPONSE to Motion - re: #170 MOTION for Summary Judgment Plaintiff's Memorandum in Opposition to Defendants Moog, Inc. and Curlin Medical, Inc.s Motion for Summary Judgment filed by Sarah E. Atwell. (Attachments: #1 Exhibit A: April 10, 2008 Declaration of Sean Insalaco, #2 Exhibit B: Articles of Incorporation for McKinley Medical Corporation, #3 Exhibit C: May 4, 2006 Letter to Pat Broe (FILED UNDER SEAL), #4 Exhibit D: General Assignment (FILED UNDER SEAL), #5 Exhibit E: Agreement and Plan of Merger (FILED UNDER SEAL), #6 Exhibit F: Deposition Transcript of Robert J. Olivieri, #7 Exhibit G: Deposition Transcript of Richard Randall Hoffman (FILED UNDER SEAL), #8 Exhibit H: Deposition Transcript of William F. Leonard, #9 Exhibit I: Compounded Exhibit of Unpublished Case Law) (Munson, Matthew) |
| Filing 175 RESPONSE to Motion - re: #170 MOTION for Summary Judgment - Plaintiff's Opposition to Motion for Summary Judgment by Moog, Inc. and Curlin Medical, Inc. filed by Sarah E. Atwell. (Munson, Matthew) |
| Filing 174 Memorandum in Support - re: #170 MOTION for Summary Judgment filed by MOOG, INC., CURLIN MEDICAL, INC. (Attachments: #1 Exhibit A: Cox v DJO Opinion and Order, #2 Exhibit B: Stellar Insurance Group v Central Companies (Western District North Carolina 2007), #3 Exhibit C: Ingersoll v Life Industries, (Eastern District North Carolina 2010) (Williford, Joseph) |
| Filing 173 PROPOSED SEALED Exhibit by Defendants MOOG, INC., CURLIN MEDICAL, INC. - re: #171 Affidavit. (Attachments: #1 Exhibit 3: part 1 of 10 (Merger Agreement), #2 Exhibit 3: part 2 of 10 (Merger Agreement), #3 Exhibit 3: Part 3 of 10 (Merger Agreement), #4 Exhibit 3: part 4 of 10 (Merger Agreement), #5 Exhibit 3: part 5 of 10 (Merger Agreement), #6 Exhibit 3: part 6 of 10 (Merger Agreement), #7 Exhibit 3: Part 7 of 10 (Merger Agreement), #8 Exhibit 3: part 8 of 10 (Merger Agreement), #9 Exhibit 3: part 9 of 10 (Merger Agreement), #10 Exhibit 3: Part 10 of 10 (Merger Agreement)) (Williford, Joseph) |
| Filing 172 PROPOSED SEALED Exhibit by Defendants MOOG, INC., CURLIN MEDICAL, INC. - re: #171 Affidavit. (Williford, Joseph) |
| Filing 171 AFFIDAVIT - re: #170 MOTION for Summary Judgment by Daniella DaCunzo by MOOG, INC., CURLIN MEDICAL, INC. (Attachments: #1 Exhibit 1: Index to Affidavit, #2 Exhibit 2: General Assignment (filed separately under seal pursuant to Protective Order), #3 Exhibit 3: Merger Agreement (filed separately under seal pursuant to Protective Order), #4 Exhibit 4: Olivieri Transcript, #5 Exhibit 5: Hoffman Transcript, #6 Exhibit 6: Leonard Transcript, #7 Exhibit 7: Proposed Second Amended Complaint, #8 Exhibit 8: Cox v DJO Opinion and Order) (Williford, Joseph) |
| Filing 170 MOTION for Summary Judgment by MOOG, INC., CURLIN MEDICAL, INC.. (Williford, Joseph) |
| Filing 169 Declaration re #167 MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND COMPLAINT TO CORRECT THE CAPTION AND TO ADD DEFENDANTS THE BROE COMPANIES, PAT BROE, AND WOO YOUNG MEDICAL, CO. LTD., #168 Memorandum in Support, by Sarah E. Atwell. (Attachments: #1 Exhibit 01, Proposed Second Amended Complaint, #2 Exhibit 02, March 31, 2001 letter of authorization from Woo Young Medical to McKinley Medical, authorizing McKinley to distribute its product in the United States, #3 Exhibit 03, deposition excerpts from Randall Hoffman, former President of McKinley Medical, #4 Exhibit 04, May 4, 2006 offer letter to buy McKinley/Accufuser, #5 Exhibit 05, portions to the complaint database maintained by McKinleys distributor, reflecting chondrolysis claims reported to McKinley beginning at least in January, 2006, #6 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for Leave to Amend Complaint to Correct the Caption and to Add Defendants The Broe Companies, Pat Broe, and Woo Young Medical, Co. LTD) (Williams, Michael) |
| Filing 168 Memorandum in Support re #167 MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND COMPLAINT TO CORRECT THE CAPTION AND TO ADD DEFENDANTS THE BROE COMPANIES, PAT BROE, AND WOO YOUNG MEDICAL, CO. LTD. filed by Sarah E. Atwell. (Williams, Michael) |
| Filing 167 MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND COMPLAINT TO CORRECT THE CAPTION AND TO ADD DEFENDANTS THE BROE COMPANIES, PAT BROE, AND WOO YOUNG MEDICAL, CO. LTD. by Sarah E. Atwell. (Williams, Michael) |
| Filing 166 STATUS REPORT by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Exhibit Order denying transfer to MDL) (Williford, Joseph) |
| Filing 165 STIPULATION of Dismissal with Prejudice as to Defendants Abbott Laboratories, Abbott Laboratories d/b/a AP Pharmaceuticals, Inc., and Abbott Laboratories, Inc. d/b/a Abbott Sales, Marketing & Distribution Company by Abbott Laboratories, Sarah E. Atwell, Abbott Laboratories, Inc.. (Warner, Kirk) |
| Filing 164 NOTICE by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. of Service of Rule 26 Report of Ann T. Neulicht, Ph.D. (Williford, Joseph) |
| Filing 163 Memorandum in Support re #162 MOTION for Summary Judgment filed by Abbott Laboratories. (Attachments: #1 Index Index of Exhibits to Memorandum in Support, #2 Exhibit 1 - Deposition of Sarah Atwell, #3 Exhibit 2 - Southeastern Orthopedic Sports Medicine & Shoulder Center Report Dated December 30, 2003, #4 Exhibit 3 - Raleigh Community Hospital Operative Report, #5 Exhibit Raleigh Community Hospital Intraoperative Nursing Record, #6 Exhibit 5 - Patient Product Agreement and Rx, #7 Exhibit 6 - Marcaine Label at P. 15, #8 Exhibit 7 - Deposition Transcript of Kevin Speer, M.D., #9 Exhibit 8 - May 12, 2004 E-Mail from R. Wiese of Raleigh Community Outpatient Rehab, #10 Exhibit 9 - Southeastern Orthopedic Sports Medicine & Shoulder Center Report Dated October 6, 2004, #11 Exhibit 10 - May 18, 2005 Orthopedic Clinic Note, #12 Exhibit 11 - Duke University Medical Center Operative Report, #13 Exhibit 12 - Expert Report Prepared by Armando Vidal, #14 Exhibit 13 - Expert Report of Susan Parisian, M.D., #15 Exhibit 14 - Article Glenohumeral Chrondolysis After Arthroscopy: A Systematic Review of Potential Contributors and Causal Pathways, The Journal of Arthroscropic and Related Surgery, Vol. 25, No. 11 (November 2009), #16 Exhibit 15 - Mehart v. I-Flow Corp., 2010 WL 711317, *3 (S.D. Ind. March 1, 2010), #17 Exhibit 16 - Affidavit of Kathryn H. Poole, #18 Exhibit 17 - Harris v. McNeil Pharmaceutical, 2000 WL 33339657 (D.N.D.)) (Warner, Kirk) |
| Filing 162 MOTION for Summary Judgment by Abbott Laboratories. Responses due by 4/19/2010 (Warner, Kirk) |
| Filing 161 NOTICE by Sarah E. Atwell Notice of Service (Munson, Matthew) |
| Motions Submitted: #156 MOTION for Joinder In Defendants McKinley Medical, LLC, Moog Inc., And Curlin Medical Inc.s Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling On Motion For Transfer A, #154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML -- submitted to chambers for consideration. (Mears, C.) |
| Filing 160 REPLY to Response to Motion re #154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML filed by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Exhibit A: Order allowing stay in Allison v DJO, Inc. 95:08-cv-549), #2 Exhibit B: Order allowing stay in Minnesota Pain Pump cases) (Williford, Joseph) |
| Filing 159 RESPONSE in Opposition re #156 MOTION for Joinder In Defendants McKinley Medical, LLC, Moog Inc., And Curlin Medical Inc.s Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling On Motion For Transfer A, #154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML filed by Abbott Laboratories. (Attachments: #1 Exhibit Denial of Stay, #2 Exhibit Hearing Session, #3 Exhibit Hearing Session Amendment) (Warner, Kirk) |
| Filing 158 NOTICE by Sarah E. Atwell re #156 MOTION for Joinder In Defendants McKinley Medical, LLC, Moog Inc., And Curlin Medical Inc.s Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling On Motion For Transfer A, #157 Memorandum in Support, PLAINTIFFS NOTICE OF FILING PROPOSED ORDER (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order Granting Plaintiffs Joinder In Defendants McKinley, Moog, & Curlins Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling of JPML) (O'Leary, Leslie) |
| Filing 157 Memorandum in Support re #156 MOTION for Joinder In Defendants McKinley Medical, LLC, Moog Inc., And Curlin Medical Inc.s Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling On Motion For Transfer A, #154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML, #155 Memorandum in Support,,, filed by Sarah E. Atwell. (O'Leary, Leslie) |
| Filing 156 MOTION for Joinder In Defendants McKinley Medical, LLC, Moog Inc., And Curlin Medical Inc.s Motion To Stay All Proceedings In This Action, Including Pretrial Discovery And Current And Pending Motion Practice, Pending Ruling On Motion For Transfer And Consolidation By The Judicial Panel On Multidistrict Litigation by Sarah E. Atwell. (O'Leary, Leslie) |
| Filing 155 Memorandum in Support re #154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML filed by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Exhibit A(1): Plaintiff's motion to transfer, #2 Exhibit A(2): Plaintiff's motion to transfer, #3 Exhibit A(3): Plaintiff's motion to transfer, #4 Exhibit A(4): Plaintiff's motion to transfer, #5 Exhibit A(5): Plaintiff's motion to transfer, #6 Exhibit B(1): Decisions not appearing in published reports, #7 Exhibit B(2): Decisions not appearing in published reports, #8 Exhibit B(3): Decisions not appearing in published reports, #9 Exhibit B(4): Decisions not appearing in published reports, #10 Text of Proposed Order Granting Stay) (Williford, Joseph) |
| Filing 154 MOTION to Stay pending ruling on motion for transfer and consolidation by the JPML by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Williford, Joseph) |
| Filing 153 NOTICE of Attorney Thomas L. Stachler Appearance for Plaintiff's Amy West and Vince West. (Atkinson, J.) |
| Filing 152 NOTICE by Sarah E. Atwell Notice of Service (Munson, Matthew) |
| Filing 151 NOTICE by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. of service of expert reports pursuant to stipulation of November 13, 2009 (Williford, Joseph) |
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Filing 150
ORDER granting #146 Motion to Withdraw as Attorney. Attorney Ted G. Meadows terminated. Signed by Judge James C. Dever III on 11/25/09. Copies served electronically. (Baker, C.)
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| Filing 149 JUDGMENT: pursuant to stipulation for dismissal of defendant Hospira, Inc. and Rule 41, the action against said defendant is terminated. Signed by Clerk of Court on 11/20/2009. (Mears, C.) |
| Filing 148 STIPULATION of Dismissal Amended Joint Stipulation to Dismiss with Prejudice Defendant Hospira, Inc. by HOSPIRA, INC., Sarah E. Atwell. (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal of Defendant Hospira, Inc.) (Warner, Kirk) |
| Filing 147 STIPULATION of Dismissal Joint Stipulation and Order of Dismissal with Prejudice of Defendant Hospira, Inc. by HOSPIRA, INC., Sarah E. Atwell. (Warner, Kirk) |
| Motions Submitted: #146 MOTION to Withdraw as Attorney Ted G. Meadows submitted to chambers for consideration. (Mears, C.) |
| Filing 146 MOTION to Withdraw as Attorney Ted G. Meadows by Sarah E. Atwell. (Attachments: #1 Proposed Order) (Meadows, Ted) |
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Filing 145
ORDER granting #144 Motion for Extension of Time. Signed by Judge James C. Dever III on 11/10/2009. (Mears, C.)
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| Motions Submitted: #144 Joint MOTION for Extension of Time for Expert Deadlines Relating to Hospira, Inc., Abbott Laboratories and Abbott Laboratories, Inc. submitted to chambers for consideration. (Mears, C.) |
| Filing 144 Joint MOTION for Extension of Time for Expert Deadlines Relating to Hospira, Inc., Abbott Laboratories and Abbott Laboratories, Inc. by HOSPIRA, INC., Abbott Laboratories, Sarah E. Atwell, Abbott Laboratories, Inc.. (Attachments: #1 Text of Proposed Order Order Amending Scheduling Order) (Warner, Kirk) |
| Filing 143 NOTICE by Sarah E. Atwell Notice of Service of Plaintiff, Sarah E. Atwell's Notice of Withdrawal of Expert Kevin P. Speer, M.D. (Williams, Michael) |
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Filing 142
ORDER granting #141 Motion for Extension of Time to Complete Discovery. The Court, having considered the Motion, hereby grants the Motion and amends the Court's prior Scheduling Order to allow for the Provision of Defendant's Expert Reports until and including November 20, 2009. Signed by Judge James C. Dever III on 10/22/2009. (Mears, C.)
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| Motions Submitted: #141 MOTION for Extension of Time to Complete Discovery submitted to chambers for consideration. (Mears, C.) |
| Filing 141 MOTION for Extension of Time to Complete Discovery by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Text of Proposed Order Allowing Extension of Time for Reports of Defense Experts) (Williford, Joseph) |
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Filing 140
ORDER granting #139 Motion for Extension of Time to Complete Discovery. Signed by Judge James C. Dever III on 10/7/2009. (Mears, C.)
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| Motions Submitted: #139 MOTION for Extension of Time to Complete Discovery submitted to chambers for consideration. (Mears, C.) |
| Filing 139 MOTION for Extension of Time to Complete Discovery by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Text of Proposed Order allowing extension of time to complete depositions of plaintiff's experts) (Williford, Joseph) |
| Filing 138 NOTICE by Sarah E. Atwell Corrected Notice of Service of Plaintiff, Sarah E. Atwell's Notice of Expert Disclosures (Williams, Michael) |
| Filing 137 NOTICE of Appearance for non-district by Joseph W. Williford on behalf of MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. (Williford, Joseph) |
| NOTICE OF DEFICIENCY re: signature block on certificate of service for #136 Notice. Signature block on certificate of service must match the signature block on the actual pleading. (Mears, C.) |
| Filing 136 NOTICE by Sarah E. Atwell Notice of Service of Plaintiff, Sarah E. Atwell's Notice of Expert Disclosures (Williams, Michael) |
| Filing 135 NOTICE of Appearance for non-district by Joseph W. Williford on behalf of MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. (Williford, Joseph) |
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Filing 134
ORDER granting #133 Amended Motion to Amend/Correct. The Scheduling Order #127 is hereby revised to reflect that reports from retained experts from Plaintiffs and from Abbott relating to the purported liability of Defendant Abbott now have deadlines of November 30, 2009 and January 28, 2010 respectively. In addition, the deadlines for completion of the depositions of the referenced experts for Plaintiff and for Abbott are hereby extended to January 15, 2010 and February 19, 2010 respectively. All other deadlines in the Scheduling Order #127 remain in effect. Signed by Judge James C. Dever III on 08/13/09. Copies served electronically. (Baker, C.)
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| Filing 133 AMENDED MOTION for Extension of Expert Deadlines Relating to Abbott Laboratories by HOSPIRA, INC., Abbott Laboratories, Abbott Laboratories, Inc. (Attachments: #1 Text of Proposed Amending Scheduling Order) (Warner, Kirk) Modified on 8/13/2009 to correct docket entry text (Baker, C.). |
| Filing 132 *DOCUMENT CORRECTED AND RE-FILED AT DOCKET ENTRY NO. #133 * - Joint MOTION for Extension of Time for Extension of Expert Deadlines Relating to Abbott Laboratories by HOSPIRA, INC., Abbott Laboratories, Abbott Laboratories, Inc. (Attachments: #1 Text of Proposed Order Amending Scheduling Order) (Warner, Kirk) Modified on 8/13/2009 to include re-filing information (Baker, C.). |
| Motions Submitted: #133 AMENDED MOTION to Amend/Correct for Extension of Expert Deadlines Relating to Abbott Laboratories submitted to Judge James C. Dever III for consideration. (Baker, C.) |
| Motions Submitted: #132 Joint MOTION for Extension of Expert Deadlines Relating to Abbott Laboratories submitted to Judge James C. Dever III for consideration. (Baker, C.) |
| Filing 131 STIPULATION of Dismissal of DJO Incorporated, f/k/a DJ Orthopedics, Inc. With Prejudice by DJO Incorporated. (Brumback, Melissa) Modified on 7/2/2009 to reflect on docket of termination of party. (Talbert, S.) |
| Filing 130 NOTICE by Sarah E. Atwell of Service of Responses to Defendant Curlin Medical's First Interrogatories (Woodson, Earnest) |
| Filing 129 NOTICE by Sarah E. Atwell of Service of Plaintiff's Responses to Moog, Inc's First Set of Interrogatories (Woodson, Earnest) |
| Filing 128 NOTICE by Sarah E. Atwell of Service of Plaintiff's Responses to McKinley Medical's First Discovery Requests (Woodson, Earnest) |
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Filing 127
ORDER granting #121 Motion to Amend/Correct. SEE ORDER FOR PARTICULARS PERTAINING TO AMENDMENTS OF SCHEDULING ORDER DEADLINES. Signed by Judge James C. Dever III on 06/04/09. Copies served electronically. (Baker, C.)
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| Filing 126 NOTICE by I-FLOW CORPORATION Stipulation of Dismissal with Prejudice (O'Toole, Leslie) |
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Filing 125
ORDER granting #122 Motion for Extension of Time. IT IS THEREFORE ORDERED that the time within which Defendant DJO Incorporated, f/kIa DJ Orthopedics, Inc. shall serve their responses to Plaintiffs discovery requests is hereby extended up to and including July 7,2009. Signed by Judge James C. Dever, III on 5/28/09. (Talbert, S.)
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Filing 124
ORDER granting #123 Motion for Extension of Time. IT IS THEREFORE ORDERED that the time within which Defendant DJO Incorporated, f/kla DJ Orthopedics, Inc. shall serve their responses to Plaintiffs discovery requests is hereby extended up to and including July 7,2009. Signed by Judge James C. Dever, III on 5/28/09. (Talbert, S.)
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| Filing 123 MOTION for Extension of Time to Answer Plaintiff's 2nd Set of Interrogatories and Request for Production by DJO Incorporated. (Attachments: #1 Text of Proposed Order Granting Extension of Time to Answer Plaintiff's 2nd Set of Interrogatories and Request for Production) (Brumback, Melissa) |
| Filing 122 MOTION for Extension of Time to Answer Plaintiff's 1st Set of Interrogatories and Request for Production by DJO Incorporated. (Attachments: #1 Text of Proposed Order Order Extending Time) (Brumback, Melissa) |
| MOTIONS REFERRED: #122 MOTION for Extension of Time to Answer Plaintiff's 1st Set of Interrogatories and Request for Production and #123 MOTION for Extension of Time to Answer Plaintiff's 2nd Set of Interrogatories and Request for Production referred to Clerk of Court. (Baker, C.) |
| Filing 121 Consent MOTION to Amend/Correct Scheduling Order by Sarah E. Atwell. (Attachments: #1 Text of Proposed Order) (Horne, H.) |
| Motions Submitted: #121 Consent MOTION to Amend/Correct Scheduling Order submitted to Judge Dever's Chambers. (Talbert, S.) |
| Filing 120 NOTICE of Appearance by Earnest Franklin Woodson on behalf of Sarah E. Atwell (Woodson, Earnest) |
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Filing 119
STIPULATED QUALIFIED PROTECTIVE ORDER - Signed by Judge James C. Dever III on 05/05/09. Copies served electronically. (Baker, C.)
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| Filing 118 NOTICE of Appearance by Matthew E. Munson on behalf of Sarah E. Atwell (Munson, Matthew) |
| Filing 117 Joint MOTION for Protective Order by I-FLOW CORPORATION. (Attachments: #1 Text of Proposed Order Stipulated Qualified Protective Order) (O'Toole, Leslie) |
| Motions Submitted: #117 Joint MOTION for Protective Order submitted to Judge Dever's Chambers. (Talbert, S.) |
| Filing 116 ANSWER to #95 Amended Complaint by CURLIN MEDICAL, INC.. (Williford, Joseph) |
| Filing 115 ANSWER to #95 Amended Complaint by MCKINLEY MEDICAL, L.L.C.. (Williford, Joseph) |
| Filing 114 ANSWER to #95 Amended Complaint by MOOG, INC.. (Williford, Joseph) |
| Filing 113 NOTICE of Appearance for non-district counsel by Joseph W. Williford on behalf of MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. (Williford, Joseph) |
| Filing 112 FINANCIAL DISCLOSURE STATEMENT by MCKINLEY MEDICAL, L.L.C. (Williford, Joseph) |
| Filing 111 FINANCIAL DISCLOSURE STATEMENT by CURLIN MEDICAL, INC. identifying Corporate Parent MOOG, INC. for CURLIN MEDICAL, INC.. (Williford, Joseph) |
| Filing 110 FINANCIAL DISCLOSURE STATEMENT by MOOG, INC. (Williford, Joseph) |
| Filing 109 WAIVER OF SERVICE Returned Executed by Sarah E. Atwell. MOOG, INC. waiver sent on 12/29/2008. (Williams, Michael) Modified on 1/28/2009 to delete proposed answer date. (Richards, J.) |
| Filing 108 WAIVER OF SERVICE Returned Executed by Sarah E. Atwell. MCKINLEY MEDICAL, L.L.C. waiver sent on 12/29/2008. (Williams, Michael) Modified on 1/28/2009 to delete proposed answer date. (Richards, J.) |
| Filing 107 WAIVER OF SERVICE Returned Executed by Sarah E. Atwell. CURLIN MEDICAL, INC. Waiver sent on 12/29/2008. (Williams, Michael) Modified on 1/28/2009 to delete proposed answer date.(Richards, J.) |
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Filing 106
ORDER granting #105 Motion to Amend Scheduling Order. All discovery shall be completed by January 31, 2010, mediation shall be completed by February 16, 2010, and all potentially dispositive motions shall be filed by February 28, 2010. Signed by Judge James C. Dever III on 1/23/2009. PLEASE REVIEW THE ORDER FOR ADDITIONAL CRITICAL INFORMATION. (Richards, J.)
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| NOTICE of system test - all parties may ignore this transmission unless you have been in contact with the help desk today. (Cannon, S) |
| Filing 105 MOTION to Amend/Correct #94 Scheduling Order, by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC.. (Attachments: #1 Text of Proposed Order Amending Scheduling Order) (Williford, Joseph) |
| Filing 104 ANSWER to #95 Amended Complaint by DJO Incorporated. (Brumback, Melissa) |
| Filing 103 ANSWER to #95 Amended Complaint by HOSPIRA, INC.. (Warner, Kirk) |
| Filing 102 ANSWER to #95 Amended Complaint by Abbott Laboratories, Abbott Laboratories, Inc.. (Warner, Kirk) |
| Filing 101 ANSWER to #95 Amended Complaint by I-FLOW CORPORATION. (O'Toole, Leslie) |
| Filing 100 REQUEST FOR WAIVER of Service sent to Curlin Medical, Inc. on 12/29/2008 by Sarah E. Atwell. Waiver of Service due by 1/28/2009. (O'Leary, Leslie) |
| Filing 99 REQUEST FOR WAIVER of Service sent to McKinley Medical, LLC on 12/29/2008 by Sarah E. Atwell. Waiver of Service due by 1/28/2008. (O'Leary, Leslie) |
| Filing 98 REQUEST FOR WAIVER of Service sent to Moog, Inc. on 12/29/2008 by Sarah E. Atwell. Waiver of Service due by 1/28/2009. (O'Leary, Leslie) |
| Filing 97 NOTICE by MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. Cross Notice of Rule 30(b)(6) Deposition of Defendant Moog, Inc., By Steve Bush (Attachments: #1 Exhibit 1) (Williford, Joseph) |
| Filing 96 NOTICE of Appearance by Joseph W. Williford on behalf of MCKINLEY MEDICAL, L.L.C., MOOG, INC., CURLIN MEDICAL, INC. (Williford, Joseph) |
| Filing 95 AMENDED COMPLAINT against all defendants, filed by Sarah E. Atwell. (Horne, H.) |
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Filing 94
SCHEDULING ORDER: The court has considered the Discovery Plan filed by the parties on October 15, 2008. Except as modified below, the Discovery Plan is APPROVED AND ORDERED with the following critical deadlines: All discovery shall be completed by December 31, 2009, and all potentially dispositive motions shall be filed by January 29, 2010. Signed by Judge James C. Dever III on 12/19/2008. COUNSEL SHOULD REVIEW SCHEDULING ORDER FOR ADDITIONAL CRITICAL DEADLINES. (Richards, J.)
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Filing 93
ORDER granting #90 Motion for Leave to Amend Complaint. IT IS ORDERED that plaintiffs' Motion for Leave to Correct the Caption and to Add Defendants McKinley Medical, LLC; Moog, Inc.; and Curlin Medical, Inc. is GRANTED. Signed by Judge James C. Dever III on 12/19/2008. (Richards, J.)
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| NOTICE OF DEFICIENCY regarding #92 Proposed Order to #90 Motion for Leave to Amend Complaint. The proposed order was also filed as an attachment to plaintiff's #91 memorandum in support. For future reference, a proposed order should be filed as an "attachment" to the motion and not as a separate docket event. (Richards, J.) |
| Motion Submitted: #90 Unopposed MOTION for Leave to Amend Complaint to correct the caption and to add Defendants McKinley Medical, LLC, Moog, Inc., and Curlin Medical, Inc. by Sarah E. Atwell SUBMITTED to Judge Dever. (Richards, J.) |
| Filing 92 Proposed Order to #90 Unopposed MOTION for Leave to Amend Complaint to correct the caption and to add Defendants McKinley Medical, LLC, Moog, Inc., and Curlin Medical, Inc. by Sarah E. Atwell. (O'Leary, Leslie) Modified on 12/16/2008 (Richards, J.) |
| Filing 91 Memorandum in Support of #90 Unopposed MOTION for Leave to Amend Complaint to correct the caption and to add Defendants McKinley Medical, LLC, Moog, Inc., and Curlin Medical, Inc. by Sarah E. Atwell. (Attachments: #1 Exhibit 01 Proposed First Amended Complaint, #2 Text of Proposed Order ) (O'Leary, Leslie) Modified on 12/16/2008 to clarify docket event. (Richards, J.) |
| Filing 90 Unopposed MOTION for Leave to Amend Complaint to correct the caption and to add Defendants McKinley Medical, LLC, Moog, Inc., and Curlin Medical, Inc. by Sarah E. Atwell. (O'Leary, Leslie) Modified on 12/16/2008 to clarify docket event. (Richards, J.) |
| Filing 89 NOTICE by Sarah E. Atwell Notice of Service of Initial Disclosure of Plaintiff, Sarah E. Atwell (Williams, Michael) |
| Filing 88 NOTICE of Appearance for non-district counsel, John A. McCauley and Paul F. Strain, filed by local counsel on behalf of HOSPIRA, INC., Abbott Laboratories, Abbott Laboratories, Inc. (Kiger, Christopher) Modified on 12/3/2008.(Richards, J.) |
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Filing 87
ORDER Appointing Mediator - Robert A. Beason appointed. Signed by Clerk of Court on 11/18/08. (Beasley, B.)
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| Filing 86 NOTICE of Appearance by Michael L. Williams on behalf of Sarah E. Atwell (Williams, Michael) |
| Filing 85 NOTICE of Appearance by Leslie W. O'Leary on behalf of Sarah E. Atwell (O'Leary, Leslie) |
| Filing 84 NOTICE of Appearance by Ted G. Meadows on behalf of Sarah E. Atwell (Meadows, Ted) |
| SELECTION OF Robert A. Beason as mediator. (Beasley, B.) |
| Filing 83 ANSWER to Complaint by DJO Incorporated. (Brumback, Melissa) |
| Filing 82 NOTICE by Sarah E. Atwell of Dismissal of Defendant, ReAble Therapeutics, LLC (Meadows, Ted) |
| Filing 81 Rule 26(f) Report (joint) by HOSPIRA, INC., Abbott Laboratories, Abbott Laboratories, Inc.. (Warner, Kirk) |
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Filing 80
ORDER granting #79 Motion for Extension of Time. IT IS ORDERED that the time for the Defendants DJO, Incorporated, f/k/a OJ Orthopedics, Inc. and ReAble Therapeutics, LLC to serve answer or otherwise plead to the Plaintiff's Complaint is and shall be extended to and including the 22nd day of October 2008. Signed by Clerk of Court on 10/2/2008. (Richards, J.)
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| Filing 79 Second MOTION for Extension of Time to File Answer re #1 Complaint by DJO Incorporated, REABLE THERAPEUTICS, LLC. (Attachments: #1 Text of Proposed Order) (Brumback, Melissa) |
| MOTION REFERRED: #79 Second MOTION for Extension of Time to File Answer to #1 Complaint REFERRED to Clerk of Court. (Richards, J.) |
| Filing 78 FINANCIAL DISCLOSURE STATEMENT by I-FLOW CORPORATION. (O'Toole, Leslie) |
| Filing 77 ANSWER to #1 Complaint with Jury Demand by I-FLOW CORPORATION. (O'Toole, Leslie) |
| Filing 76 NOTICE by Sarah E. Atwell of Dismissal of Defendant, Ethicon, Inc. (Attachments: #1 Affidavit of Ted G. Meadows) (Meadows, Ted) |
| Filing 75 NOTICE by Sarah E. Atwell of Dismissal of Defendants, AstraZeneca PLC; AstraZeneca Pharmaceuticals LP; AstraZeneca LP; and Zeneca Holdings, Inc. (Meadows, Ted) |
| Filing 74 NOTICE of Appearance by Melissa Dewey Brumback on behalf of DJO Incorporated, REABLE THERAPEUTICS, LLC (Brumback, Melissa) |
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Filing 73
ORDER FOR DISCOVERY PLAN sent to all parties. The Rule 26(f) meeting must occur by October 17, 2008. Within fourteen days after the meeting, the discovery plan must be submitted to the Court and mandatory initial disclosures must be made. In addition, the parties must report their mediation plans. Signed by Clerk of Court on 9/16/2008. (Richards, J.)
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| Filing 72 SUMMONS Returned Executed by Sarah E. Atwell. ASTRAZENECA PLC served on 8/14/2008. (Meadows, Ted) Modified on 9/16/2008 to delete proposed answer date. (Richards, J.). |
| Filing 71 NOTICE of Voluntary Dismissal of Defendant, Ascence, Inc., filed by Sarah E. Atwell. (Attachments: #1 Affidavit of Ted G. Meadows) (Meadows, Ted) Modified on 9/16/2008 to clarify docket event. (Richards, J.) |
| Filing 70 SUMMONS Returned Executed by Sarah E. Atwell. Abbott Laboratories served on 9/2/2008, answer due 9/22/2008. (Meadows, Ted) |
| Filing 69 NOTICE of Voluntary Dismissal of of Defendant, Physicians Total Care, Inc., filed by Sarah E. Atwell. (Attachments: #1 Affidavit of Ted G. Meadows) (Meadows, Ted) Modified on 9/16/2008 to clarify docket event. (Richards, J.). |
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Filing 68
ORDER granting #60 Motion for Extension of Time. It is ORDERED that the time for Defendants DJO, Incorporated, f/k/a DJ Orthopedics, Inc. and ReAble Therapeutics, LLC to serve answer or otherwise plead to the Plaintiff's Complaint is and shall be extended to and including October 2, 2008. Signed by Clerk of Court on 9/3/2008. (Richards, J.)
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Filing 67
ORDER granting #58 Motion for Extension of Time. The period within which Defendant I-FLOW CORPORATION may answer or otherwise respond to plaintiff's complaint is enlarged to and includes September 22, 2008. Signed by Clerk of Court on 9/3/2008. (Richards, J.)
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| Filing 66 FINANCIAL DISCLOSURE STATEMENT by HOSPIRA, INC.. (Warner, Kirk) |
| Filing 65 FINANCIAL DISCLOSURE STATEMENT by Abbott Laboratories, Inc.. (Warner, Kirk) |
| Filing 64 FINANCIAL DISCLOSURE STATEMENT by Abbott Laboratories. (Warner, Kirk) |
| Filing 63 ANSWER to #1 Complaint with Jury Demand with Affirmative Defenses by HOSPIRA, INC.. (Warner, Kirk) |
| Filing 62 ANSWER to #1 Complaint with Jury Demand with Affirmative Defenses by Abbott Laboratories, Abbott Laboratories, Inc.. (Warner, Kirk) |
| Filing 61 NOTICE of Appearance by Kirk G. Warner on behalf of HOSPIRA, INC., Abbott Laboratories, Abbott Laboratories, Inc. (Warner, Kirk) |
| MOTIONS REFERRED: #58 MOTION for Extension of Time to File Answer and #60 MOTION for Extension of Time to File Answer to #1 Complaint REFERRED to Clerk of Court. (Richards, J.) |
| Filing 60 MOTION for Extension of Time to File Answer by DJO Incorporated, REABLE THERAPEUTICS, LLC. (Attachments: #1 Text of Proposed Order Proposed order granting extension) (Nunnally, John) |
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Filing 59
ORDER granting #44 Motion for Extension of Time to Answer. It is ORDERED that the time within which ASTRAZENECA LP, ZENECA HOLDINGS, INC., ASTRAZENECA PLC and ASTRAZENECA PHARMACEUTICALS LP must respond to the Complaint is enlarged by a period of 30 days, up to and including October 2, 2008. Signed by Clerk of Court on 8/28/2008. (Richards, J.)
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| Filing 58 Consent MOTION for Extension of Time to File Answer re #1 Complaint by I-FLOW CORPORATION. (Attachments: #1 Text of Proposed Order) (O'Toole, Leslie) |
| Filing 57 NOTICE of Appearance for non-district counsel Michael L. Williams, Esq. (Corrected) Filed by local counsel H. Forest Horne, Jr on behalf of Sarah E. Atwell (Horne, H.) |
| Filing 56 NOTICE of Appearance for non-district counsel Leslie W. O'Leary, Esq. (Corrected) Filed by local counsel H. Forest Horne, Jr on behalf of Sarah E. Atwell (Horne, H.) |
| Filing 55 NOTICE of Appearance for non-district counsel Ted G. Meadows. Esq. (Corrected) Filed by local counsel H. Forest Horne, Jr on behalf of Sarah E. Atwell (Horne, H.) |
| NOTICE OF DEFICIENCY re: #2 , #28 and #29 Notices of Appearance for Non-District Counsel. The notices do not comply with Local Rule 83.1(d), EDNC. Local counsel is required to sign each filed document. Please file corrected notices. (Richards, J.) |
| MOTION REFERRED: #44 Defendants Astrazeneca LP's, Zeneca Holdings, Inc.'s, Astrazeneca PLC's, and Astrazeneca Pharmaceuticals LP's MOTION for Extension of Time to Respond to #1 Complaint REFERRED to Clerk of Court. (Richards, J.) |
| Filing 54 NOTICE of Appearance by John M. Nunnally on behalf of DJO Incorporated, REABLE THERAPEUTICS, LLC (Nunnally, John) |
| Filing 53 NOTICE OF FILING of Affidavit of Ted Meadows, Esq. in support of #52 Notice of Voluntary Dismissal, filed by Sarah E. Atwell. (Horne, H.) Modified on 8/26/2008 to clarify docket event. The affidavit inadvertently was not attached to the Notice of Voluntary Dismissal at the time of filing. (Richards, J.). |
| Filing 52 NOTICE of Voluntary Dismissal of Defendant, Allscripts, LLC, filed by Sarah E. Atwell (Horne, H.) Modified on 8/26/2008 to clarify docket event. (Richards, J.). |
| Filing 51 SUMMONS Returned Executed by Sarah E. Atwell. ZENECA HOLDINGS, INC. served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 50 SUMMONS Returned Executed by Sarah E. Atwell. REABLE THERAPEUTICS, LLC served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 49 SUMMONS Returned Executed by Sarah E. Atwell. Physicians Total Care, Inc. served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 48 SUMMONS Returned Executed by Sarah E. Atwell. I-FLOW CORPORATION served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 47 SUMMONS Returned Executed by Sarah E. Atwell. HOSPIRA, INC. served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 46 SUMMONS Returned Executed by Sarah E. Atwell. Ethicon, Inc. served on 8/11/2008, answer due 9/25/2008. (Horne, H.) |
| Filing 45 SUMMONS Returned Executed by Sarah E. Atwell. DJO Incorporated served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 44 MOTION for Extension of Time to File Answer re #1 Complaint by ASTRAZENECA LP, ZENECA HOLDINGS, INC., ASTRAZENECA PLC, ASTRAZENECA PHARMACEUTICALS LP. (Attachments: #1 Text of Proposed Order Proposed Order for Clerk's signature, #2 Text of Proposed Order Proposed Order for Magistrate's signature) (Loper, Johnny) |
| Filing 43 SUMMONS Returned Executed by Sarah E. Atwell. Catalent Pharma Solutions, LLC served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 42 SUMMONS Returned Executed by Sarah E. Atwell. Catalent Pharma Solutions, Inc. served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
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Filing 41
ORDER granting #32 Defendant Ethicon, Inc.'s Motion for Extension of Time. It is ORDERED that the time for Ethicon, Inc. to respond to the Complaint is extended through and including September 25, 2008. Signed by Clerk of Court on 8/21/2008. (Richards, J.)
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| Filing 40 Corrected Summons Issued as to Abbott Laboratories. Counsel should print summons to effect service of process. (Richards, J.) |
| MOTION REFERRED: #32 Defendant Ethicon's MOTION for Extension of Time to Respond to #1 Complaint REFERRED to Clerk of Court. (Richards, J.) |
| Filing 39 SUMMONS Returned Executed by Sarah E. Atwell. ASTRAZENECA PHARMACEUTICALS LP served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 38 SUMMONS Returned Executed by Sarah E. Atwell. ASTRAZENECA LP served on 8/12/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 37 SUMMONS Returned Executed by Sarah E. Atwell. Ascence, Inc. served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 36 SUMMONS Returned Executed by Sarah E. Atwell. Allscripts, LLC served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 35 SUMMONS Returned Executed by Sarah E. Atwell. Abbott Laboratories, Inc. served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 34 SUMMONS Returned Executed by Sarah E. Atwell. Abbott Laboratories served on 8/11/2008, answer due 9/2/2008. (Horne, H.) |
| Filing 33 NOTICE by Sarah E. Atwell Corrected Summons to be issued for Abbott Laboratories (Horne, H.) |
| Filing 32 MOTION for Extension of Time to File Answer re #1 Complaint by Ethicon, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Time) (Ensslin, Kelly) |
| Filing 31 NOTICE of Appearance by Lisa K. Shortt and Kelly T. Ensslin on behalf of Defendant Ethicon, Inc. (Ensslin, Kelly) Modified on 8/20/2008 to add both attorneys to docket event. (Richards, J.). |
| Filing 30 NOTICE of Voluntary Dismissal of Defendants Catalent Pharma Solutions, LLC and Catalent Pharma Solutions, Inc., filed by Sarah E. Atwell (Attachments: #1 Affidavit of Ted Meadows) (Horne, H.) Modified on 8/26/2008 to clarify docket event.(Richards, J.). |
| Filing 29 NOTICE of Appearance of non-district attorney, Leslie W. O'Leary, filed by local counsel H. Forest Horne, Jr on behalf of all plaintiffs (Horne, H.) Modified on 8/14/2008 to clarify docket event.(Richards, J.). |
| Filing 28 NOTICE of Appearance of non-district attorney, Michael L. Williams, filed by local counsel H. Forest Horne, Jr on behalf of all plaintiffs (Horne, H.) Modified on 8/14/2008 to clarify docket event.(Richards, J.). |
| Filing 27 NOTICE of Voluntary Dismissal of Defendants APP Pharmaceuticals, Inc., APP Pharmaceuticals, LLC, Abraxis Bioscience, Inc. and Abraxis Bioscience, LLC, filed by Sarah E. Atwell (Attachments: #1 Affidavit of Ted G. Meadows, #2 Exhibit to Affidavit of Ted G. Meadows pages 1-30, #3 Exhibit to Affidavit of Ted G. Meadows pages 31-67) (Horne, H.) Modified on 8/21/2008 to clarify docket event. (Richards, J.). |
| Filing 26 Summons Issued as to Physicians Total Care, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 25 Summons Issued as to Physicians Total Care, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 24 Summons Issued as to Catalent Pharma Solutions, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 23 Summons Issued as to Catalent Pharma Solutions, LLC. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 22 Summons Issued as to Ascence, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 21 Summons Issued as to Allscripts, LLC. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 20 Summons Issued as to Abbott Laboratories, Inc. d/b/a Abbott Sales, Marketing & Distribution Company. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 19 Summons Issued as to Abbott Laboratories d/b/a AP Pharmaceuticals, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 18 Summons Issued as to Abbott Laboratories. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 17 Summons Issued as to HOSPIRA, INC.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 16 Summons Issued as to ABRAXIS BIOSCIENCE, LLC. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 15 Summons Issued as to ABRAXIS BIOSCIENCE, INC.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 14 Summons Issued as to APP PHARMACEUTICALS, INC.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 13 Summons Issued as to ZENECA HOLDINGS, INC.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 12 Summons Issued as to ASTRAZENECA LP. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 11 Summons Issued as to ASTRAZENECA PHARMACEUTICALS LP. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 10 Summons Issued as to ASTRAZENECA PLC. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 9 Summons Issued as to Ethicon, Inc.. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 8 Summons Issued as to I-FLOW CORPORATION. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 7 Summons Issued as to REABLE THERAPEUTICS, LLC. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
| Filing 6 Summons Issued as to DJO Incorporated. Counsel should print summons to effect service of process. (Deputy Clerk - J. Richards ) |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Judge James C. Dever, III for all further proceedings. Judge James C. Fox no longer assigned to case. All future pleadings should reflect the revised case number of 5:08-CV-346-D. Signed by Dennis Iavarone, Clerk of Court on 7/22/2008. Copies served on counsel and J.Richards. (Deputy Clerk - SE, )
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Filing 4
ORDER OF RECUSAL. The Clerk of Court is DIRECTED to re-assign this case to another district court judge. Signed by Judge James C. Fox on 7/21/2008. Copies served on counsel and D. Iavarone, Clerk. (Deputy Clerk - SE, )
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| Filing 3 FINANCIAL DISCLOSURE STATEMENT by Sarah E. Atwell. (Horne, H.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Deputy Clerk - BRB, ) |
| Filing 2 NOTICE of Appearance for non-district Filed by local counsel H. Forest Horne, Jr on behalf of all plaintiffs (Horne, H.) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04170000000000641823.), filed by Sarah E. Atwell. (Attachments: #1 Summonses) (Horne, H.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Sarah E. Atwell. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerks office and on the courts website. (Deputy Clerk - DH, ) |
| Clerk's Office corrected the party text information and alias information for the defendants. For future reference, counsel should only add party text information in the party text window. Alias information should be added by clicking on the "Alias" button and not in the party text window, when adding a party to the case. Please contact Delsia Heath should you have any questions at 252-830-6009. Thank You. (Deputy Clerk - DH, ) |
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