Berall v. Teleflex Medical, Incorporated
| Jonathan Berall, M.D. |
| Verathon Inc., Pentax of America, Inc., Karl Storz Endoscopy-America, Inc., Aircraft Medical, Ltd., LMA North America, Inc., AirTraq LLC, Hoya Corp., Hoya Digital Solutions Corp., Teleflex Medical, Inc. and Teleflex Medical Incorporated |
| 5:2022cv00331 |
| August 23, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| TEXT ORDER granting Plaintiff/Counterclaim Defendant Jonathan Berall, M.D., M.P.H.'s Consent Motion for Extension of Time #404 . For good cause shown, it is ordered that Berall has up to and including November 18, 2022, within which to answer or otherwise respond to the Counterclaims #401 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/20/2022. (Hockaday, A.) |
| **ENTERED IN ERROR - PLEASE DISREGARD** NOTICE OF DEFICIENCY regarding #403 Notice of Appearance. Counsel should review Local Civil Rule 83.1 with regard to the appearance requirements of local counsel. Counsel's bar number indicates a New York bar number and therefore should be by Notice of Special Appearance, however no local counsel has appeared on behalf of plaintiff at this time. (Collins, S.) Modified on 10/20/2022 (Collins, S.). |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #404 MOTION for Extension of Time to File Answer. (Collins, S.) |
| Filing 404 Consent MOTION for Extension of Time to File Answer to Counterclaim as to #401 Answer to Complaint, Counterclaim filed by Jonathan Berall, MD. (Butler, Patrick) Modified on 10/19/2022 to change filing event. (Collins, S.). |
| Filing 403 Notice of Appearance filed by Patrick Laurence Butler on behalf of Jonathan Berall, MD. (Butler, Patrick) |
| Filing 402 Certificate of Service filed by Teleflex Medical Incorporated regarding #399 Notice of Special Appearance, #396 Notice of Appearance, #398 Financial Disclosure Statement, #401 Answer to Complaint,,,,,, Counterclaim,,,,, #400 Notice of Appearance . (Waller, Madison) |
| Notice to Counsel regarding: #398 Financial Disclosure Statement, #399 Notice of Special Appearance, #401 Answer to Complaint, Counterclaim, #400 Notice of Appearance. Counsel for defendant TEleflex Medical Incorporated should file an Amended Certificate of Service indicating service of these documents by means other than CM/ECF, given that local counsel has not yet appeared on behalf of plaintiff in this district and service cannot be made by NEF. (Collins, S.) |
| Filing 401 Teleflex Medical Incorporated ANSWER to Complaint with Jury Demand {ANSWER TO SECOND AMENDED COMPLAINT], COUNTERCLAIM against Jonathan Berall, MD(M.P.H.) by Teleflex Medical Incorporated. (Attachments: #1 Exhibit A - October 4, 2010 Airtraq Letter to Dr. Beralls Counsel, #2 Exhibit B - March 15, 2007 Baxley Letter to LMA, #3 Exhibit C - U.S. Patent No. 5,800,344, #4 Exhibit D - June 24, 2011 Declaration By Dr. Jonathan Berall, Patent Owner, #5 Exhibit E - June 24, 2011 Declaration of Charles E. Baxley, Esquire, #6 Exhibit F - Excerpt from Patentee Response to Final Office Action Dated September 29, 2011 (filed July 2, 2012) from Ex Parte Re-examination, No. 90011,308, #7 Exhibit G - March 15, 2007 Baxley Letter to Aircraft, #8 Exhibit H - March 15, 2007 Baxley Letter to King, #9 Exhibit I - March 15, 2007 Baxley Letter to Pentax, #10 Exhibit J - March 16, 2007 Baxley Letter to Cedars-Sinai Medical Center, #11 Exhibit K - Excerpt from Patentee Amendment and Response to Final Office Action Dated September 29, 2011 (filed Nov. 22, 2011) from Ex Parte Re-examination, #12 Exhibit L - Excerpt from Patentee Amendment and Response to Final Office Action Dated September 29, 2011 (filed Nov. 22, 2011) from Ex Parte Re-examination, #13 Exhibit M - U.S. Patent No. 5,408,992, #14 Exhibit N - httpsintubationvl.com) (Morrow, John) |
| Filing 400 Notice of Appearance filed by Madison B. Waller on behalf of Teleflex Medical Incorporated. (Waller, Madison) |
| Filing 399 Notice of Special Appearance for non-district by Jonathan Richard Wise on behalf of Teleflex Medical Incorporated. (Wise, Jonathan) |
| Filing 398 Financial Disclosure Statement by Teleflex Medical Incorporated identifying Corporate Parent Teleflex Incorporated for Teleflex Medical Incorporated. (Morrow, John) |
| Notice to Counsel regarding: #397 Motion for Extension of Time to File Answer. Attorney Madison Waller should proceed with filing her Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S.) |
| Notice to Counsel regarding: #397 Motion for Extension of Time to File Answer.This document indicates in the signature blocks that additional counsel will be appearing and notates "pro hac vice to be filed". Local Counsel is encouraged to review Local Civil Rule 83.1 and share with any attorneys wishing to appear in this case as to the requirements for special appearance in this district. (Collins, S.) |
| TEXT ORDER granting Defendant's Consent Motion for Extension of Time #397 . For good cause shown, it is ordered that Defendant has up to and including September 30, 2022, within which to answer or otherwise respond to the Second Amended Complaint #351 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/7/2022. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #397 Consent MOTION for Extension of Time to File Answer regarding #351 Amended Complaint [Second Amended Complaint]. (Collins, S.) |
| Filing 397 Consent MOTION for Extension of Time to File Answer regarding #351 Amended Complaint,,,,, [Second Amended Complaint] filed by Teleflex Medical Incorporated. (Attachments: #1 Text of Proposed Order) (Morrow, John) |
| Filing 396 Notice of Appearance filed by John F. Morrow, Jr on behalf of Teleflex Medical Incorporated. (Morrow, John) |
| Filing 395 Letter from S. Collins, Deputy Clerk, to Records Clerk, SDNY, acknowledging receipt of sealed documents. (Collins, S.) |
| Filing 394 Document: Order entered on 8/29/22 by Senior United States District Judge Loretta A. Preska, SDNY, authorizing release of sealed documents to EDNC. (Attachments: #1 Cover letter from records clerk of SDNY) (Collins, S.) |
| Filing 392 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 391 Case transferred in from District of New York Southern. Case Number 1:10-cv-05777. Transfer order and docket sheet obtained from transferring district. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of North Carolina.(yv) [Transferred from New York Southern on 8/23/2022.] |
| Terminate Transcript Deadlines (yv) [Transferred from New York Southern on 8/23/2022.] |
Filing 390
MEMORANDUM & ORDER granting #359 Motion to Dismiss. Teleflex's motion to dismiss [dkt. no. 359] is GRANTED. The instant case shall be transferred to the Eastern District of North Carolina pursuant to 28 U.S.C. 1406(a). The Clerk of the Court shall close the open motion [dkt. no. 359]. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/11/22) (yv) Transmission to Office of the Clerk of Court for processing. (Main Document 390 replaced on 7/11/2022) (yv). [Transferred from New York Southern on 8/23/2022.]
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Filing 389
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ERIC D. HAYES granting #388 Motion for Eric D. Hayes to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 5/26/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #388 MOTION for Eric D. Hayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26198439. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 8/23/2022.] |
| Filing 388 MOTION for Eric D. Hayes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26198439. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit of Eric Hayes, #2 Text of Proposed Order for Admission Pro Hac Vice).(Hayes, Eric) [Transferred from New York Southern on 8/23/2022.] |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (vba) [Transferred from New York Southern on 8/23/2022.] |
| Filing 387 NOTICE OF APPEARANCE by Andrew Bryan Walter on behalf of Jonathan Berall, MD..(Walter, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| Filing 386 DECLARATION of Jonathan R. Wise in Support re: #359 MOTION to Dismiss .. Document filed by Teleflex Medical Incorporated. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 385 REPLY MEMORANDUM OF LAW in Support re: #359 MOTION to Dismiss . . Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 384
ORDER FOR ADMISSION PRO HAC VICE OF CHARLES N. REESE JR. granting (23 in 1:21-mc-00794-LAP) Motion for Charles N. Reese Jr. to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/11/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 383
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF MARCUS E. SERNEL granting (31 in 1:21-mc-00794-LAP) Motion for Marcus E. Sernel to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/11/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 382
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting (18 in 1:21-mc-00774-LAP) Motion for Marcus E. Sernel to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 1/11/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 381
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF CHRISTOPHER DECORO. (Signed by Judge Loretta A. Preska on 1/11/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 380
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF CHRISTOPHER DECORO. (Signed by Judge Loretta A. Preska on 1/11/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 379
ENDORSED LETTER addressed to Judge Loretta A. Preska from John S. Goetz dated 1/6/2022 re: request that this Court enter and order that the Letter Motion and Exhibit 1 to the Letter Motion may be filed under seal. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 1/7/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 378 SEALED DOCUMENT placed in vault. (nmo) [Transferred from New York Southern on 8/23/2022.] |
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Filing 377
ORDER granting #373 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/3/2022) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 376 SEALED DOCUMENT placed in vault..(jus) [Transferred from New York Southern on 8/23/2022.] |
| Filing 375 DECLARATION of Christopher DeCoro in Opposition re: #359 MOTION to Dismiss .. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 374 MEMORANDUM OF LAW in Opposition re: #359 MOTION to Dismiss . . Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 373 LETTER MOTION to Seal Exhibits 1-3 to Plaintiff's Response to Teleflex's Motion to Dismiss addressed to Judge Loretta A. Preska from Christopher DeCoro dated 12/30/2021. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 372
MEMORANDUM & ORDER: denying #363 Letter Motion to Compel. To the extent and for the reasons stated above, Defendant's motion to compel Plaintiff to produce the Disputed Documents (dkt. no. 363) is DENIED. The Clerk of the Court shall close the open motion (dkt. no. 363). SO ORDERED. (Signed by Judge Loretta A. Preska on 12/27/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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Filing 371
MEMORANDUM & ORDER granting #307 Letter Motion for Conference re: #307 LETTER MOTION for Conference re Motion to Compel Production of Privileged Documents addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/25/2021. To the extent and for the reasons stated above, Defendant's motion to compel Dr. Berall to produce the Letter of Retention and all communications with Mr. Baxley regarding the '178 Patent's prosecution (dkt. no. 307) is GRANTED. Verathon's motion to compel Mr. Baxley to produce the Letter of Retention and communications with Dr. Berall regarding the '178 Patent's prosecution (dkt. nos. 6 in [21-mc-794]; 4 in [21-mc-774]; 7 in [21-mc-774] is GRANTED. The Clerk of the Court shall close the open motions (dkt. nos. 307 in [10-cv-5777]; 6 in [21-mc-794]; 4 in [21-mc-774]; 7 in [21-mc-774]). SO ORDERED. (Signed by Judge Loretta A. Preska on 12/17/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 370 SEALED DOCUMENT placed in vault.(nmo) [Transferred from New York Southern on 8/23/2022.] |
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Filing 369
ORDER granting #368 Letter Motion for Extension of Time to File Response/Reply re #368 LETTER MOTION for Extension of Time to File Response/Reply as to #359 MOTION to Dismiss . addressed to Judge Loretta A. Preska from Christopher DeCoro dated 12/14/2021. SO ORDERED. Responses due by 12/30/2021, Replies due by 1/13/2022. (Signed by Judge Loretta A. Preska on 12/15/2021) (jca) [Transferred from New York Southern on 8/23/2022.]
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| Filing 368 LETTER MOTION for Extension of Time to File Response/Reply as to #359 MOTION to Dismiss . addressed to Judge Loretta A. Preska from Christopher DeCoro dated 12/14/2021. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 367 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Jonathan R. Wise dated December 13, 2021 re: #363 LETTER MOTION to Compel Plaintiff to to produce documents addressed to Judge Loretta A. Preska from Jonathan R. Wise dated December 7, 2021. . Document filed by Teleflex Medical Incorporated. (Attachments: #1 Exhibit A).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 366
ORDER granting #364 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/13/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 365 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 12/10/2021 re: Plaintiff's Response Letter to Teleflex's December 7, 2021 Letter (Redacted Version). Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1 (Redacted in Full), #2 Exhibit 2 (Redacted in Full)).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 364 LETTER MOTION to Seal Exhibits 1 and 2 to Plaintiff's Response Letter to Teleflex's December 7, 2021 Letter addressed to Judge Loretta A. Preska from Christopher DeCoro dated 12/10/2021. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 363 LETTER MOTION to Compel Plaintiff to to produce documents addressed to Judge Loretta A. Preska from Jonathan R. Wise dated December 7, 2021. Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 362
ORDER granting #358 Letter Motion to Compel. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/3/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 361 DECLARATION of Kate Skibo in Support re: #359 MOTION to Dismiss .. Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 360 DECLARATION of Jonathan R. Wise in Support re: #359 MOTION to Dismiss .. Document filed by Teleflex Medical Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 359 MOTION to Dismiss . Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 358 LETTER MOTION to Compel Withdrawal of Teleflex's Letter Motion for a Protective Order (Dkt. 278) addressed to Judge Loretta A. Preska from Jonathan R. Wise dated 12/2/2021. Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 357 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teleflex Incorporated, Other Affiliate Vanguard Group, Inc, Other Affiliate T. Rowe Price Associates, Inc, Other Affiliate BlackRock Inc, for Teleflex Medical Incorporated. Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 356 NOTICE OF APPEARANCE by Richard C. Pettus on behalf of Teleflex Medical Incorporated..(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 355 NOTICE OF APPEARANCE by Elana Araj on behalf of Teleflex Medical Incorporated..(Araj, Elana) [Transferred from New York Southern on 8/23/2022.] |
| Filing 354 NOTICE OF APPEARANCE by Scott J. Bornstein on behalf of Teleflex Medical Incorporated..(Bornstein, Scott) [Transferred from New York Southern on 8/23/2022.] |
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Filing 353
ORDER granting #352 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/16/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 352 LETTER MOTION for Extension of Time addressed to Judge Loretta A. Preska from Jonathan R. Wise dated November 16, 2021. Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Set/Reset Deadlines: Teleflex Medical Inc. answer due 12/2/2021. (va) [Transferred from New York Southern on 8/23/2022.] |
| Filing 351 SECOND AMENDED COMPLAINT amending #193 Amended Complaint,, against Teleflex Medical Inc. with JURY DEMAND.Document filed by Jonathan Berall, MD. Related document: #193 Amended Complaint,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 350
ORDER: Before the Court is Plaintiff's request to file a Second Amended Complaint. (See dkt. nos. 342, 345, 346.) Plaintiff's request is granted. The Second Amended Complaint shall be filed no later than November 4, 2021. SO ORDERED. (Amended Pleadings due by 11/4/2021.) (Signed by Judge Loretta A. Preska on 11/1/2021) (mml) [Transferred from New York Southern on 8/23/2022.]
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Filing 349
***SELECTED PARTIES*** ORDER TO FILE REDACTED CASE-INITIATING DOCUMENTS: The Clerk is directed to restrict access to this order to the selected party viewing level. (Signed by Judge Loretta A. Preska on 10/21/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 348 DECLARATION of Christopher DeCoro re: #347 Brief in Support of Plaintiff's Reply Claim Construction Brief. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 347 BRIEF re: #320 Brief Plaintiff Dr. Jonathan Berall's Reply Claim Construction Brief. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 346 LETTER addressed to Judge Loretta A. Preska from Jonathan R. Wise dated October 1, 2021 re: Reply to Plaintiff's 9/30/21 Letter (Dkt. 345). Document filed by Teleflex Medical Incorporated..(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 345 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated September 30, 2021 re: response to Teleflex's 9/27/2021 letter (Dkt. 342) re Second Amended Complaint. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 344
ORDER re: #342 Letter, filed by Teleflex Medical Inc., Teleflex Medical Incorporated. The Court is in receipt of Defendant Teleflex Medical Inc.'s letter opposing Dr. Berall's request for leave to file a second amended complaint. (See dkt. no. 342.) Dr. Berall shall respond to that letter by no later than September 30, 2021. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/28/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 343 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated September 27, 2021 re: request for leave to re-file second amended complaint to correct deficiency. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 342 LETTER addressed to Judge Loretta A. Preska from Jonathan R. Wise dated 9/27/2021 re: Response to Berrall's 9/24/2021 Letter in regards to Second Amended Complaint. Document filed by Teleflex Medical Inc., Teleflex Medical Incorporated. (Attachments: #1 Exhibit A (J. Wise Email to Rosse), #2 Exhibit B (Letter from C- Decoro to Teleflex re Marking), #3 Exhibit C (C. Decoro email & J. Wise Response), #4 Exhibit D (Letter to C. DeCoro re Pre-Suit Notice & Willfulness), #5 Exhibit E (E. Araj Email to Ross), #6 Exhibit F(C. Baxley Deposition of 6/9/21)).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 341
MEMO ENDORSEMENT on re: #339 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 9/27/2021) (va) Modified on 9/30/2021 (va). [Transferred from New York Southern on 8/23/2022.]
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ashley Lauren Borom Ross to RE-FILE Document No. #340 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; The Amended Complaint was incorrectly filed on the due date so permission from Chambers will need to be acquired to accept the refiled Amended Complaint. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from New York Southern on 8/23/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashley Lauren Borom Ross. The party information for the following party/parties has been modified: Teleflex Medical Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 340 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #193 Amended Complaint,, against Teleflex Medical Inc., Teleflex Medical Incorporated with JURY DEMAND.Document filed by Jonathan Berall, MD. Related document: #193 Amended Complaint,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15).(Borom Ross, Ashley) Modified on 9/27/2021 (pc). [Transferred from New York Southern on 8/23/2022.] |
| Filing 339 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 9/24/2021 re: Plaintiff's Second Amended Complaint. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 338
ORDER granting #306 Letter Motion to Seal. Defendants may file the proposed documents under seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/21/2021) (jca) [Transferred from New York Southern on 8/23/2022.]
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Filing 337
ORDER granting #314 Letter Motion to Seal. Defendants may file the proposed documents under seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/21/2021) (jca) (Main Document 337 replaced on 9/21/2021) (jca). [Transferred from New York Southern on 8/23/2022.]
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Filing 336
ORDER granting #335 Letter Motion for Extension of Time to File. The extensions requested above are GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/17/2021) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Set/Reset Deadlines: Deposition due by 10/28/2021. Replies due by 10/7/2021. (mml) [Transferred from New York Southern on 8/23/2022.] |
| Filing 335 LETTER MOTION for Extension of Time to File Reply Claim Construction Brief addressed to Judge Loretta A. Preska from Ashley L.B. Ross dated September 16, 2021. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 334
ORDER denying as moot #269 Letter Motion for Oral Argument. For the reasons above, Teleflex's motion for summary judgment [dkt. no. 255] is DENIED. Dr. Berall's request for oral argument [dkt. no. 269] is DENIED as moot. The Clerk of the Court shall close the open motions. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/13/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 333 SEALED DOCUMENT placed in vault..(jus) [Transferred from New York Southern on 8/23/2022.] |
| Filing 332 DECLARATION of Jonathan R. Wise in Support re: #330 Opposition Brief. Document filed by LMA North America, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F.1, #7 Exhibit Exhibit F.2.1, #8 Exhibit Exhibit F.2.2, #9 Exhibit Exhibit F.3, #10 Exhibit Exhibit G.1.1, #11 Exhibit Exhibit G.1.2, #12 Exhibit Exhibit G.2, #13 Exhibit Exhibit G.3, #14 Exhibit Exhibit G.4, #15 Exhibit Exhibit H.1, #16 Exhibit Exhibit H.2, #17 Exhibit Exhibit H.3, #18 Exhibit Exhibit H.4, #19 Exhibit Exhibit I.1, #20 Exhibit Exhibit I.2, #21 Exhibit Exhibit I.3, #22 Exhibit Exhibit I.4, #23 Exhibit Exhibit I.5, #24 Exhibit Exhibit I.6, #25 Exhibit Exhibit J, #26 Exhibit Exhibit K, #27 Exhibit Exhibit L, #28 Exhibit Exhibit M.1, #29 Exhibit Exhibit M.2, #30 Exhibit Exhibit M.3, #31 Exhibit Exhibit M.4, #32 Exhibit Exhibit M.5, #33 Exhibit Exhibit N.1, #34 Exhibit Exhibit N.2, #35 Exhibit Exhibit O, #36 Exhibit Exhibit P, #37 Exhibit Exhibit Q).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 331 DECLARATION of Harold Walbrink in Support re: #330 Opposition Brief. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 330 OPPOSITION BRIEF re: #320 Brief Defendant Teleflex Medical Incorporated's Responsive Claim Construction Brief. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 329
ORDER OF DISMISSAL: In consideration of the parties' Stipulated Motion for Dismissal of all claims with prejudiceasserted between Dr. Jonathan Berall (hereinafter "Berall"), and defendants HOYA Corp.; HOYA Digital Solutions Corp.; and Pentax of America, Inc. (hereinafter collectively "HOYA"), the Stipulated Motion for Dismissal is GRANTED, and it is ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit between Berall and HOYA are hereby dismissed with prejudice. This order does not dismiss Berall's claims against defendant Teleflex Medical, Inc., which remain pending. It is further ORDERED that each party will be responsible for its own costs and attorneys' fees. SO ORDERED this 7th day of September 2021. Pentax of America, Inc., Hoya Corp. and Hoya Digital Solutions Corp. terminated. (Signed by Judge Loretta A. Preska on 9/7/2021) (va). [Transferred from New York Southern on 8/23/2022.]
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| Filing 328 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/30/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) [Transferred from New York Southern on 8/23/2022.] |
| Filing 327 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/30/2021 before Judge Loretta A. Preska. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2021. Redacted Transcript Deadline set for 10/6/2021. Release of Transcript Restriction set for 12/6/2021..(Moya, Goretti) [Transferred from New York Southern on 8/23/2022.] |
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Filing 326
MEMORANDUM & ORDER granting in part and denying in part #244 Motion for Judgment on the Pleadings. For the reasons and to the extent described above, Defendants' motion for judgment on the pleadings [dkt. no. 244] is GRANTED IN PART and DENIED IN PART. The following claims are hereby dismissed: (1) the direct infringement claim against Hoya and (2) the contributory infringement claims against Hoya, Hoya Digital, and Pentax. Consistent with Federal Rule of Civil Procedure 15(a)(2), Dr. Berall may file an amended complaint no later than September 24, 2021. The Clerk of the Court shall close the open motion. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/2/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 325 MOTION to Dismiss All Claims Against Hoya Corp., Hoya Digital Solutions Corp., and Pentax of America, Inc.. Document filed by Jonathan Berall, MD. (Attachments: #1 Text of Proposed Order).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Set/Reset Deadlines: Amended Pleadings due by 9/24/2021. (va) [Transferred from New York Southern on 8/23/2022.] |
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Filing 324
ORDER granting #322 Letter Motion for Leave to File Excess Pages. Defendants may file a Joint Responsive Claim Construction Brief of no more than 25 pages, and Dr. Berall may file a reply of no more than 15 pages. SO ORDERED. (Signed by Judge Loretta A. Preska on 9/1/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 323 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 8/31/2021 re: excess pages for claim construction briefs. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 322 LETTER MOTION for Leave to File Excess Pages addressed to Judge Loretta A. Preska from Jonathan R. Wise dated August 31, 2021. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 321 DECLARATION of Christopher DeCoro in Support of Plaintiff's Initial Claim Construction Brief re: #320 Brief . Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2.1, #4 Exhibit 3.1, #5 Exhibit 3.2, #6 Exhibit 3.3, #7 Exhibit 3.4, #8 Exhibit 3.5, #9 Exhibit 3.6, #10 Exhibit 3.7, #11 Exhibit 3.8, #12 Exhibit 3.9, #13 Exhibit 3.10, #14 Exhibit 3.11, #15 Exhibit 4, #16 Exhibit 5, #17 Exhibit 6, #18 Exhibit 7, #19 Exhibit 8, #20 Exhibit 9, #21 Exhibit 10, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 13, #25 Exhibit 14, #26 Exhibit 15).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 320 BRIEF Plaintiff Dr. Jonathan Berall's Initial Claim Construction Brief. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 319 NOTICE of Joint Claim Terms. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 318 PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Verathon Inc. only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of Washington.(ama) [Transferred from New York Southern on 8/23/2022.] |
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Filing 317
ORDER: granting #280 Motion to Transfer Case. For the reasons set forth at oral argument on June 30, 202l, Defendant Verathon Inc.'s Motion to Transfer Based on Improper Venue (Dkt. No. 280) is GRANTED. The claims and counterclaims between Plaintiff Jonathan Berall, M.D., M.P.H., and Defendant Verathon Inc. are severed from those claims and counterclaims between Berall and the other defendants in the above-captioned action, and the Clerk of Court is directed to transfer the case between Berall and Verathon to the Western District of Washington. The above-captioned action remains pending as to Defendants Teleflex Medical, Inc.; Pentax of America Inc.; Hoya Corp.; and Hoya Digital Solutions Corp., which shall not be transferred. SO ORDERED. (Signed by Judge Loretta A. Preska on 7/14/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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Filing 316
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF MARCUS SERNEL granting #311 Motion for Marcus Sernel to Appear Pro Hac Vice. The motion of Marcus Sernel for admission to practice Pro Hac Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the disciple of attorneys. (Signed by Judge Loretta A. Preska on 7/14/21) (yv) [Transferred from New York Southern on 8/23/2022.]
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| Minute Entry for proceedings held before Judge Loretta A. Preska: Oral Argument held on 6/30/2021 re: #280 MOTION to Transfer Case Base on Improper Venue. filed by Verathon Inc.. (Court Reporter Present) (mph) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #311 MOTION for Marcus Sernel to Appear Pro Hac Vice for Plaintiff Jonathan Berall. Filing fee $ 200.00, receipt number ANYSDC-24731709. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
| Filing 315 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/29/2021 re: #307 LETTER MOTION for Conference re Motion to Compel Production of Privileged Documents addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/25/2021. . Document filed by Verathon Inc.. (Attachments: #1 Exhibit I, #2 Exhibit J).(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 314 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/29/2021. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 313 LETTER addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/29/2021 re: Electronic Equipment. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 312 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 6/29/2021 re: electronic equipment for 6/30/2021 oral argument. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 311 MOTION for Marcus Sernel to Appear Pro Hac Vice for Plaintiff Jonathan Berall. Filing fee $ 200.00, receipt number ANYSDC-24731709. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit of Marcus Sernel, #2 Text of Proposed Order).(Sernel, Marcus) [Transferred from New York Southern on 8/23/2022.] |
| Filing 310 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 6/28/2021 re: #307 LETTER MOTION for Conference re Motion to Compel Production of Privileged Documents addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/25/2021. . Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 309 DECLARATION of Charles Reese, Jr. in Support re: #280 MOTION to Transfer Case Base on Improper Venue.. Document filed by Verathon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Reese, Charles) [Transferred from New York Southern on 8/23/2022.] |
| Filing 308 REPLY MEMORANDUM OF LAW in Support re: #280 MOTION to Transfer Case Base on Improper Venue. . Document filed by Verathon Inc...(Reese, Charles) [Transferred from New York Southern on 8/23/2022.] |
| Filing 307 LETTER MOTION for Conference re Motion to Compel Production of Privileged Documents addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/25/2021. Document filed by Verathon Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 306 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Thad C. Kodish dated 06/25/2021. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 305 SEALED DOCUMENT placed in vault.(nmo) [Transferred from New York Southern on 8/23/2022.] |
| Filing 304 LETTER addressed to Judge Loretta A. Preska from Stefan Miller dated 6/24/2021 re: in-person attendance at upcoming June 30, 2021 hearing. Document filed by Jonathan Berall, MD..(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 303
MEMO ENDORSEMENT on re: #301 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: The Court will hold oral argument on the motion to transfer on June 30, 2021 at 3:00 p.m. Counsel may appear either in person or by telephone, whichever they prefer. Counsel shall confer and inform the Court, by letter, of their preferences no later than June 24, 2021 so that the necessary arrangements can be made. SO ORDERED. ( Oral Argument set for 6/30/2021 at 03:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 6/22/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 302
ORDER granting #298 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 6/22/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 301 LETTER addressed to Judge Loretta A. Preska from Stefan Miller dated 6/21/2021 re: Request for Oral Argument re Motion to Transfer. Document filed by Jonathan Berall, MD..(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 300 DECLARATION of Stefan Miller (Redacted Version) in Opposition re: #280 MOTION to Transfer Case Base on Improper Venue.. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42).(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 299 MEMORANDUM OF LAW in Opposition re: #280 MOTION to Transfer Case Base on Improper Venue. (Redacted Version). Document filed by Jonathan Berall, MD..(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 298 LETTER MOTION to Seal Plaintiff's Response to Verathon's Motion to Transfer and Supporting Exhibits addressed to Judge Loretta A. Preska from Stefan Miller dated 6/21/2021. Document filed by Jonathan Berall, MD..(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 297
ORDER re: #294 Letter, filed by Jonathan Berall, M.D. The Court is in receipt of the parties' letter of May 14, 2021, which sets forth their respective positions regarding a briefing schedule for Defendant Verathon Inc.'s pending motion to transfer venue. (See dkt. no. 294.) The Court has considered the parties' arguments and finds it appropriate to set a briefing schedule. Plaintiff shall file any.opposition to the motion to transfer no later than June 21, 2021. Any reply may be filed no later than June 28, 2021. SO ORDERED. ( Responses due by 6/21/2021, Replies due by 6/28/2021.) (Signed by Judge Loretta A. Preska on 6/7/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 296
ORDER FOR ADMISSION PRO HAC VICE OF WONJOON granting #295 Motion for Wonjoon Chung to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above caption case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 5/20/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #295 MOTION for Wonjoon Chung to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24563545. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
| Filing 295 MOTION for Wonjoon Chung to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24563545. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Verathon Inc.. (Attachments: #1 Declaration in Support of Motion for Pro Hac Vice Admission of Wonjoon Chung, #2 Certificate of Good Standing from GA Bar for Wonjoon Chung, #3 Text of Proposed Order Proposed Order).(Chung, Wonjoon) [Transferred from New York Southern on 8/23/2022.] |
| Filing 294 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 5/14/2021 re: Motion to Transfer Venue. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 293 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 5/10/2021 re: temporary stay of deadlines for motion to transfer. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 292
MEMO ENDORSED ORDER granting #291 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Aishwarya Limaye terminated. (Signed by Judge Loretta A. Preska on 5/5/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 291 MOTION for Aishwarya Limaye to Withdraw as Attorney for Jonathan Berall, M.D., M.P.H.. Document filed by Jonathan Berall, MD..(Limaye, Aishwarya) [Transferred from New York Southern on 8/23/2022.] |
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Filing 290
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF TASHA F. GERASIMOW re: #289 Motion for Tasha F. Gerasimow to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 4/16/2021) (nb) [Transferred from New York Southern on 8/23/2022.]
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| Filing 289 MOTION for Tasha F. Gerasimow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24402302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit of Tasha Gerasimow, #2 Text of Proposed Order).(Gerasimow, Tasha) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #289 MOTION for Tasha F. Gerasimow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24402302. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
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Filing 288
MEMO ENDORSEMENT on re: #287 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: SO ORDERED. (Signed by Judge Loretta A. Preska on 4/5/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 287 LETTER addressed to Judge Loretta A. Preska from Christopher DeCoro dated 4/2/2021 re: stay of deadlines for Verathon's motion to transfer. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 286 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Jonathan R. Wise dated March 29, 2021 re: #278 LETTER MOTION for Conference re: request for leave to file motion for a protective order addressed to Judge Loretta A. Preska from Jonathan R. Wise dated March 23, 2021. . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 285
ORDER granting #279 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/29/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 284 LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 3/26/2021 re: #278 LETTER MOTION for Conference re: request for leave to file motion for a protective order addressed to Judge Loretta A. Preska from Jonathan R. Wise dated March 23, 2021. . Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 283 DECLARATION of Thad Kodish in Support re: #280 MOTION to Transfer Case Base on Improper Venue.. Document filed by Verathon Inc.. (Attachments: #1 Exhibit B-1, #2 Exhibit B-2, #3 Exhibit B-3, #4 Exhibit B-4, #5 Exhibit B-5, #6 Exhibit B-6, #7 Exhibit B-7, #8 Exhibit B-8, #9 Exhibit B-9, #10 Exhibit B-10).(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 282 DECLARATION of Thomas Urso in Support re: #280 MOTION to Transfer Case Base on Improper Venue.. Document filed by Verathon Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6).(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 281 MEMORANDUM OF LAW in Support re: #280 MOTION to Transfer Case Base on Improper Venue. . Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 280 MOTION to Transfer Case Base on Improper Venue. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 279 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Thad C. Kodish dated 03/26/2021. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 278 LETTER MOTION for Conference re: request for leave to file motion for a protective order addressed to Judge Loretta A. Preska from Jonathan R. Wise dated March 23, 2021. Document filed by LMA North America, Inc.. (Attachments: #1 Exhibit Exhibits A-C).(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 277
MEMO ENDORSEMENT on re: #276 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: SO ORDERED. ( Motions due by 3/26/2021. Responses due by 4/9/2021. Replies due by 4/16/2021.) (Signed by Judge Loretta A. Preska on 3/17/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 276 JOINT LETTER addressed to Judge Loretta A. Preska from Stefan Miller dated 3/16/2021 re: extension of briefing deadlines. Document filed by Jonathan Berall, MD..(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 275 SEALED DOCUMENT placed in vault..(jus) [Transferred from New York Southern on 8/23/2022.] |
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Filing 274
ORDER granting #271 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/16/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 273 REPLY MEMORANDUM OF LAW in Support re: #255 MOTION for Summary Judgment . . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 272 COUNTER STATEMENT TO #266 Rule 56.1 Statement. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 271 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Jonathan R. Wise dated March 15, 2021. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 270
ORDER granting #264 LETTER MOTION to Seal Plaintiff's Responsive Papers to Teleflex's Motion for Summary. The request to file the above documents under seal is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 3/4/2021) (jca)[Transferred from New York Southern on 8/23/2022.]
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| Filing 269 LETTER MOTION for Oral Argument re Teleflex's Motion for Summary Judgment addressed to Judge Loretta A. Preska from Christopher DeCoro dated 3/3/2021. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 268 DECLARATION of Christopher DeCoro in Opposition re: #255 MOTION for Summary Judgment .. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4.1, #5 Exhibit 4.2, #6 Exhibit 4.3, #7 Exhibit 4.4, #8 Exhibit 4.5, #9 Exhibit 5.1, #10 Exhibit 5.2, #11 Exhibit 5.3, #12 Exhibit 6.1, #13 Exhibit 6.2, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 267 DECLARATION of Dr. Jonathan Berall in Opposition re: #255 MOTION for Summary Judgment .. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 266 RULE 56.1 STATEMENT. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 265 MEMORANDUM OF LAW in Opposition re: #255 MOTION for Summary Judgment . (Plaintiff Dr. Berall's Response to Teleflex Medical Inc.'s Motion for Summary Judgement). Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 264 LETTER MOTION to Seal Plaintiff's Responsive Papers to Teleflex's Motion for Summary Judgment addressed to Judge Loretta A. Preska from Christopher DeCoro dated 3/3/2021. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 263
STIPULATED SCHEDULING ORDER: The Court having conducted an initial scheduling conference pursuant to Federal Rule of Civil Procedure 16(b) on January 27, 2021, the Court hereby orders that the following schedule shall govern the litigation: (As further set forth herein.) SO ORDERED. (Signed by Judge Loretta A. Preska on 2/22/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 262 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 2/19/2021 re: proposed scheduling and discovery order. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 261 REPLY MEMORANDUM OF LAW in Support re: #244 MOTION for Judgment on the Pleadings . . Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
| Filing 260 SEALED DOCUMENT placed in vault..(jus) [Transferred from New York Southern on 8/23/2022.] |
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Filing 259
ORDER granting #254 Letter Motion to Seal. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/16/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 258 DECLARATION of Jonathan R. Wise in Support re: #255 MOTION for Summary Judgment .. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 257 MEMORANDUM OF LAW in Support re: #255 MOTION for Summary Judgment . . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 256 RULE 56.1 STATEMENT. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 255 MOTION for Summary Judgment . Document filed by LMA North America, Inc.. Responses due by 3/3/2021.(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 254 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Jonathan R. Wise dated February 12, 2021. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 253 RESPONSE in Opposition to Motion re: #244 MOTION for Judgment on the Pleadings . Plaintiff Dr. Berall's Response to Hoya's Motion for Judgement on the Pleadings. Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 252
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 2/5/2021) (cf) [Transferred from New York Southern on 8/23/2022.]
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| Filing 251 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 2/5/2021 re: Proposed Protective Order. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 250 NOTICE OF APPEARANCE by Peter Jason Evangelatos on behalf of Jonathan Berall, MD..(Evangelatos, Peter) [Transferred from New York Southern on 8/23/2022.] |
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Filing 249
MEMO ENDORSEMENT on re: #248 Letter filed by LMA North America, Inc. ENDORSEMENT: The schedule proposed above is approved. SO ORDERED. ( Motions due by 2/12/2021. Responses due by 3/3/2021. Replies due by 3/15/2021.) (Signed by Judge Loretta A. Preska on 2/4/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 248 LETTER addressed to Judge Loretta A. Preska from Jonathan R. Wise dated February 3, 2021 re: proposed briefing schedule for LMA's Motion for Summary Judgment. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 247
MEMO ENDORSEMENT on re: #246 Letter filed by Verathon Inc., ENDORSEMENT: The briefing schedule proposed above is approved. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/29/2021) (ks) [Transferred from New York Southern on 8/23/2022.]
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| Filing 246 LETTER addressed to Judge Loretta A. Preska from Thad C. Kodish dated 01/29/2021 re: Proposed Briefing Schedule in re Verathon's Motion to Transfer Venue. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 245 MEMORANDUM OF LAW in Support re: #244 MOTION for Judgment on the Pleadings . . Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
| Filing 244 MOTION for Judgment on the Pleadings . Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 1/27/2021. (mph) [Transferred from New York Southern on 8/23/2022.] |
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Filing 243
ORDER granting #233 Letter Motion for Leave to File Document. After reviewing the parties' letters, (see dkt. nos. 233, 240, 241), Counsel may proceed with the proposed venue motion. Counsel shall confer and inform the Court by latter of the proposed briefing schedule (which should be prompt). SO ORDERED. (Signed by Judge Loretta A. Preska on 1/26/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 242
ORDER: The conference scheduled for January 26, 2021 at 10:00 a.m. is adjourned to January 27, 2021 at 12:00 p.m. The conference will occur as a teleconference using the dial-in 877-402-9753, access code: 6545179. SO ORDERED., ( Telephone Conference set for 1/27/2021 at 12:00 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/26/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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| Filing 241 REPLY to Response to Motion re: #233 LETTER MOTION for Leave to File Motion to Transfer for Improver Venue addressed to Judge Loretta A. Preska from Thad C. Kodish dated 01/19/2021. Defendant Verathon's Letter Response to Plaintiff's Letter Response to Verathon's Motion for Leave to File Motion to Transfer for Improper Venue. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 240 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/22/2021 re: #233 LETTER MOTION for Leave to File Motion to Transfer for Improver Venue addressed to Judge Loretta A. Preska from Thad C. Kodish dated 01/19/2021. . Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 239
ORDER: The conference scheduled for January 26, 2021 at 10:00 a.m. will occur as a teleconference using the dial-in 877-402-9753, access code: 6545179. SO ORDERED. ( Telephone Conference set for 1/26/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/21/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 238
ORDER: The Court has reviewed the parties' letters regarding summary judgment. (See dkt. nos. 227, 236, 237.) Counsel may proceed with the proposed motion. Counsel shall confer and inform the Court by letter of the proposed briefing schedule. (Signed by Judge Loretta A. Preska on 1/21/2021) (cf) [Transferred from New York Southern on 8/23/2022.]
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| Filing 237 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 20, 2021 re: #227 LETTER MOTION for Conference re request for leave to file motion for summary judgment addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 13, 2021. . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 236 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/19/2021 re: #227 LETTER MOTION for Conference re request for leave to file motion for summary judgment addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 13, 2021. . Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 235
MEMO ENDORSEMENT on re: #232 Letter filed by LMA North America, Inc. ENDORSEMENT: The conference scheduled for January 21, 2021 is adjourned to January 26, 2021 at 10:00 a.m. SO ORDERED. ( Telephone Conference set for 1/26/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/19/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 234
ORDER granting #222 Letter Motion for Conference. Considering the parties' letters (dkt. nos. 222, 228, & 231) to be Plaintiff's motion to substitute Teleflex Medical Inc. for LMA North America, Inc. ("LMA") and Defendant LMA's opposition, the motion is GRANTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/19/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 233 LETTER MOTION for Leave to File Motion to Transfer for Improver Venue addressed to Judge Loretta A. Preska from Thad C. Kodish dated 01/19/2021. Document filed by Verathon Inc...(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 232 LETTER addressed to Judge Loretta A. Preska from Elana B. Araj dated January 19, 2021 re: Request for Continuance of Scheduling Conference. Document filed by LMA North America, Inc...(Araj, Elana) [Transferred from New York Southern on 8/23/2022.] |
| Filing 231 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/15/2021 re: #222 LETTER MOTION for Conference re request for leave to move to substitute LMA North America, Inc. for Teleflex Medical Inc. addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/11/2021. . Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
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Filing 230
MEMO ENDORSEMENT on re: #229 Letter, filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc. ENDORSEMENT: The briefing schedule proposed below is approved. SO ORDERED. ( Motions due by 1/28/2021. Responses due by 2/11/2021. Replies due by 2/18/2021.) (Signed by Judge Loretta A. Preska on 1/15/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 229 LETTER addressed to Judge Loretta A. Preska from Megan Bussey dated January 15, 2021 re: proposed briefing schedule for Fed. R. Civ. P. 12(c) motion. Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Bussey, Megan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 228 LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 14, 2021 re: #222 LETTER MOTION for Conference re request for leave to move to substitute LMA North America, Inc. for Teleflex Medical Inc. addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/11/2021. . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 227 LETTER MOTION for Conference re request for leave to file motion for summary judgment addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 13, 2021. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 226 LETTER MOTION to Seal addressed to Judge Loretta A. Preska from Jonathan R. Wise dated January 13, 2021. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
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Filing 225
ORDER: Pursuant to Federal Rule of Civil Procedure 16, the parties shall appear for a scheduling conference on January 21, 2021 at 10:00 a.m. The conference will occur as a teleconference using the dial-in (888) 363-4734, access code: 4645450. SO ORDERED. ( Telephone Conference set for 1/21/2021 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 1/13/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 224
ORDER with respect to #220 Letter Motion for Conference. After reviewing the parties' letters [dkt. nos. 220, 221, 223], Counsel may proceed with the proposed motions. Counsel shall confer and inform the Court by letter of the proposed briefing schedule. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/13/2021) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 223 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Mitchell Stockwell dated January 12, 2021 re: #220 LETTER MOTION for Conference Letter requesting pre-motion conference for leave to file motion for judgment on the pleadings addressed to Judge Loretta A. Preska from Mitchell Stockwell dated January 6, 2021. . Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
| Filing 222 LETTER MOTION for Conference re request for leave to move to substitute LMA North America, Inc. for Teleflex Medical Inc. addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/11/2021. Document filed by Jonathan Berall, MD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 221 LETTER RESPONSE in Opposition to Motion addressed to Judge Loretta A. Preska from Christopher DeCoro dated 1/11/2021 re: #220 LETTER MOTION for Conference Letter requesting pre-motion conference for leave to file motion for judgment on the pleadings addressed to Judge Loretta A. Preska from Mitchell Stockwell dated January 6, 2021. . Document filed by Jonathan Berall, MD..(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 220 LETTER MOTION for Conference Letter requesting pre-motion conference for leave to file motion for judgment on the pleadings addressed to Judge Loretta A. Preska from Mitchell Stockwell dated January 6, 2021. Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
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Filing 219
ORDER: If they have not already done so, the parties shall exchange promptly their Federal Rule of Civil Procedure 26(a)(1) initial disclosures. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/06/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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Filing 218
MEMO ENDORSEMENT: on re: #214 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: The stay as to Verathon is LIFTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/06/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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Filing 217
MEMO ENDORSEMENT: on re: #206 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: The stay as to LMA is LIFTED. SO ORDERED. (Signed by Judge Loretta A. Preska on 1/06/2021) (ama) [Transferred from New York Southern on 8/23/2022.]
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| Filing 216 ANSWER to #213 Counterclaim. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 214 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 12/21/2020 re: Verathon mediation discussions. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 213 ANSWER to #193 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against Jonathan Berall, MD(M.P.H.). Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 212 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 12/4/2020 re: scheduling proposals to commence discovery. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 211 ANSWER to #193 Amended Complaint,, with JURY DEMAND. Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc...(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
| Filing 210 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hoya Corp. for Hoya Digital Solutions Corp.. Document filed by Hoya Corp., Hoya Digital Solutions Corp...(Saul, Andrew) [Transferred from New York Southern on 8/23/2022.] |
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Filing 209
ORDER GRANTING PRO HAC VICE ADMISSION granting #208 Motion for Andrew N. Saul to Appear Pro Hac Vice. The motion of Andrew N. Saul for admission to practice pro hac vice in the above captioned action, is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 12/3/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 208 MOTION for Andrew Nathan Saul to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22848281. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hoya Corp., Hoya Digital Solutions Corp., Pentax of America, Inc.. (Attachments: #1 Affidavit Affidavit and Certificate of Good Standing, #2 Text of Proposed Order).(Saul, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #208 MOTION for Andrew Nathan Saul to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22848281. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 8/23/2022.] |
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Filing 207
MEMO ENDORSEMENT on re: #206 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: The stay as to LMA North America, Inc. is lifted. Counsel shall confer with respect to a proposed schedule and inform the Court, by letter, how they wish to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/1/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 206 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 11/30/2020 re: mediation discussions with LMA North America, Inc.. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 205
ORDER: The Court is in receipt of the parties' letter [dkt. no. 189] outlining their positions on a case schedule. The parties shall confer and propose, by letter, a schedule to commence discovery--both as to pleading and venue issues as well as substantive issues--no later than December 4, 2020. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/20/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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Filing 204
ORDER granting #203 Letter Motion for Extension of Time to Answer re #193 Amended Complaint,. The extension requested below is approved. SO ORDERED. (Hoya Digital Solutions Corp. answer due 12/4/2020; Pentax of America, Inc. answer due 12/4/2020.) (Signed by Judge Loretta A. Preska on 11/19/20) (yv) [Transferred from New York Southern on 8/23/2022.]
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| Filing 203 CONSENT LETTER MOTION for Extension of Time to File Answer re: #193 Amended Complaint,, addressed to Judge Loretta A. Preska from Megan Bussey dated November 18, 2020. Document filed by Pentax of America, Inc...(Bussey, Megan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 202 WAIVER OF SERVICE RETURNED EXECUTED. Hoya Digital Solutions Corp. waiver sent on 11/12/2020, answer due 1/11/2021. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 201 WAIVER OF SERVICE RETURNED EXECUTED. Hoya Corp. waiver sent on 11/12/2020, answer due 1/11/2021. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 200
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF CHRISTOPHER DECORO granting #197 Motion for Christopher DeCoro to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Loretta A. Preska on 11/18/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 199 ELECTRONIC SUMMONS ISSUED as to Hoya Digital Solutions Corp...(pc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 198 ELECTRONIC SUMMONS ISSUED as to Hoya Corp...(pc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 197 MOTION for Christopher DeCoro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22626484. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit of Christopher DeCoro, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Decoro, Christopher) [Transferred from New York Southern on 8/23/2022.] |
| Filing 196 REQUEST FOR ISSUANCE OF SUMMONS as to Hoya Digital Solutions Corp., re: #193 Amended Complaint,,. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 195 REQUEST FOR ISSUANCE OF SUMMONS as to Hoya Corp., re: #193 Amended Complaint,,. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #197 MOTION for Christopher DeCoro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22626484. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 8/23/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashley Lauren Borom Ross. The party information for the following party/parties has been modified: Hoya Corporation; Hoya Digital Solutions Corporation.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) [Transferred from New York Southern on 8/23/2022.] |
| Filing 194 NOTICE OF APPEARANCE by Elana Araj on behalf of LMA North America, Inc...(Araj, Elana) [Transferred from New York Southern on 8/23/2022.] |
| Filing 193 AMENDED COMPLAINT amending #1 Complaint, against LMA North America, Inc., Pentax of America, Inc., Verathon Inc., Hoya Corporation, Hoya Digital Solutions Corporation. with JURY DEMAND.Document filed by Jonathan Berall, MD. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 192
MEMO ENDORSEMENT on re: #191 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: Counsel may proceed with filing the proposed amended complaint. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/12/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 191 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 11/10/2020 re: Proposed First Amended Complaint. Document filed by Jonathan Berall, MD. (Attachments: #1 Proposed First Amended Complaint).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
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Filing 190
ORDER FOR ADMISSION PRO HAC VICE OF RUFFIN B. CORDELL granting #188 Motion for Ruffin B. Cordell to Appear Pro Hac Vice. It IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above caption case in the United States District Court for the Southern District of New York. (Signed by Judge Loretta A. Preska on 11/9/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 189 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 11/6/2020 re: Parties' positions on case schedule. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 188 MOTION for Ruffin B. Cordell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22473760. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Verathon Inc.. (Attachments: #1 Declaration ISO PHV Motion, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Cordell, Ruffin) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #188 MOTION for Ruffin B. Cordell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22473760. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
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Filing 187
MEMO ENDORSEMENT granting #185 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Andrew James Isbester terminated. (Signed by Judge Loretta A. Preska on 11/4/2020) (nb) Modified on 11/23/2020 (nb). [Transferred from New York Southern on 8/23/2022.]
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Filing 186
ORDER FOR ADMISSION PRO HAC VICE OF CHARLES N. REESE JR. granting #184 Motion for Charles N. Reese Jr. to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 11/4/2020) (nb) [Transferred from New York Southern on 8/23/2022.]
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| Filing 185 MOTION for Andrew James Isbester to Withdraw as Attorney . Document filed by Pentax of America, Inc...(Isbester, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| Filing 184 MOTION for Charles N. Reese Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22416605. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Verathon Inc.. (Attachments: #1 Declaration ISO PHV Motion, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Reese, Charles) [Transferred from New York Southern on 8/23/2022.] |
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Filing 183
ORDER FOR ADMISSION PRO HAC VICE OF THAD C. KODISH granting #182 Motion for Thad C. Kodish to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 11/2/2020) (ks) [Transferred from New York Southern on 8/23/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #184 MOTION for Charles N. Reese Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22416605. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
| Filing 182 MOTION for Thad C. Kodish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22390301. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Verathon Inc.. (Attachments: #1 Declaration ISO PHV Motion, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Kodish, Thad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 181 NOTICE OF APPEARANCE by John Stephen Goetz on behalf of Verathon Inc...(Goetz, John) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #182 MOTION for Thad C. Kodish to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22390301. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 10/28/2020. (mph) [Transferred from New York Southern on 8/23/2022.] |
| Filing 180 LETTER addressed to Judge Loretta A. Preska from Megan Bussey dated October 26, 2020 re: Plaintiff's proposed amended complaint. Document filed by Pentax of America, Inc...(Bussey, Megan) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 10/13/2020. Mediation Status due by 11/12/2020. (ah) [Transferred from New York Southern on 8/23/2022.] |
| MEDIATION CONFERENCE Mediation Conference scheduled for 10/13/2020 through telephone conference.(ah) [Transferred from New York Southern on 8/23/2022.] |
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Filing 179
ORDER GRANTING PRO HAC VICE ADMISSION #178 Motion for Michell G. Stockwell to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 10/9/2020) (cf) [Transferred from New York Southern on 8/23/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #178 MOTION for Michell G. Stockwell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from New York Southern on 8/23/2022.] |
| Filing 178 MOTION for Michell G. Stockwell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pentax of America, Inc.. (Attachments: #1 Affidavit of Mitchell G. Stockwell, #2 Text of Proposed Order).(Stockwell, Mitchell) Modified on 10/8/2020 (bcu). Modified on 10/9/2020 (bcu). [Transferred from New York Southern on 8/23/2022.] |
| Pro Hac Vice Fee Payment: for #178 MOTION for Michell G. Stockwell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-22043837..(Stockwell, Mitchell) [Transferred from New York Southern on 8/23/2022.] |
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Filing 177
ORDER: The Court is in receipt of the parties' joint mediation status report (dkt. no. 176). The stay is lifted as to Pentax. Plaintiff and Pentax shall appear for a telephonic conference on October 28, 2020 at 10:00 a.m. using the dial-in (888) 363-4734, access code: 4645450. Prior to the conference, Pentax shall inform the Court of its position on the proposed amendment. The other parties remain subject to the stay during mediation. They shall inform the Court by letter of the status of the mediation. ( Telephone Conference set for 10/28/2020 at 10:00 AM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 10/7/2020) (cf) [Transferred from New York Southern on 8/23/2022.]
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| Filing 176 STATUS REPORT. Joint Mediation Status Report Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry Mediation Conference held on 9/14/2020. Mediation Status due by 10/14/2020. (rpr) [Transferred from New York Southern on 8/23/2022.] |
| MEDIATION CONFERENCE RE-SCHEDULED Re-scheduled Mediation Conference scheduled for 9/14/2020 at 10:00 AM by phone or video conference..(rpr) [Transferred from New York Southern on 8/23/2022.] |
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Filing 175
MEMO ENDORSEMENT on re: #174 Status Report filed by Jonathan Berall, M.D. ENDORSEMENT: Counsel shall report to the Court by letter as to the status of the case no later than October 1. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/27/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 174 STATUS REPORT. Joint Mediation Status Report Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry Mediation Conference held on 7/27/2020. Mediation Status due by 8/26/2020. (rpr) [Transferred from New York Southern on 8/23/2022.] |
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Filing 173
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF AISHWARYA LIMAYE granting #172 Motion for Aishwarya Limaye to Appear Pro Hac Vice. The motion of Aishwarya Limaye for admission to practice Pro Hac Vice in the above captioned action is GRANTED. (Signed by Judge Loretta A. Preska on 7/14/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 172 MOTION for Aishwarya Limaye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20659213. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Limaye, Aishwarya) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #172 MOTION for Aishwarya Limaye to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20659213. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 8/23/2022.] |
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Filing 171
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF STEFAN M. MILLER granting #164 Motion for Stefan M. Miller to Appear Pro Hac Vice. The motion of Stefan M. Miller for admission to practice Pro Hac Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Loretta A. Preska on 6/15/20) (yv) [Transferred from New York Southern on 8/23/2022.]
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Filing 170
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF JAMES F. HURST granting #163 Motion for James F. Hurst to Appear Pro Hac Vice. The motion of James F. Hurst, P.C. for admission to practice Pro Hac Vice in the above captioned action is GRANTED. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Loretta A. Preska on 6/15/20) (yv) [Transferred from New York Southern on 8/23/2022.]
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Filing 169
ORDER REGARDING VENUE OBJECTIONS: Upon the stipulation and consent of the parties and for good cause shown, the Court hereby ORDERS that each of defendants Verathon, Inc., Pentax of America, Inc., and LMA North America, Inc. does not waive an objection to venue by participating in mediation sponsored by or under the supervision of this Court. Plaintiff contends that defendants have delayed in objecting to venue through actions other than participation in mediation. Each of defendants separately contends that it has not waived any objection to venue. This order does not address these positions, but rather leaves these issues to be resolved, if necessary, following completion of the mediation. (Signed by Judge Loretta A. Preska on 6/15/020) (cf) [Transferred from New York Southern on 8/23/2022.]
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Filing 168
PROTECTIVE ORDER GOVERNING MEDIATION...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Loretta A. Preska on 6/15/2020) (cf) [Transferred from New York Southern on 8/23/2022.]
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Filing 167
MEMO ENDORSEMENT on re: #166 Letter, filed by Jonathan Berall, M.D. ENDORSEMENT: With respect to the parties' request for clarification as to the production deadline for financial information, Dr. Berall's understanding is correct. The deadline for previously agreed or ordered material is two weeks; the additional two weeks only applies to other material ordered during the telephonic conference. (Signed by Judge Loretta A. Preska on 6/15/2020) (cf) [Transferred from New York Southern on 8/23/2022.]
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| Filing 166 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 6/12/2020 re: Proposed Orders for Protective Order Governing Mediation and Order Regarding Venue Objections. Document filed by Jonathan Berall, MD. (Attachments: #1 Text of Proposed Order Protective Order Governing Mediation, #2 Text of Proposed Order Order Regarding Venue Objections).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Telephone Conference held on 6/11/2020. (mph) [Transferred from New York Southern on 8/23/2022.] |
| Filing 165 NOTICE OF APPEARANCE by Ashley Lauren Borom Ross on behalf of Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #163 MOTION for James F. Hurst to Appear Pro Hac Vice for Plaintiff Jonathan Berall, M.D.. Filing fee $ 200.00, receipt number ANYSDC-20193885. Motion and supporting papers to be reviewed by Clerk's Office staff.>/FO, #164 MOTION for Stefan M. Miller to Appear Pro Hac Vice for Plaintiff Jonathan Berall, M.D.. Filing fee $ 200.00, receipt number ANYSDC-20194101. Motion and supporting papers to be reviewed by Clerk's Office staff.>/. The document has been reviewed and there are no deficiencies. (ad) [Transferred from New York Southern on 8/23/2022.] |
| Filing 164 MOTION for Stefan M. Miller to Appear Pro Hac Vice for Plaintiff Jonathan Berall, M.D.. Filing fee $ 200.00, receipt number ANYSDC-20194101. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit, #2 Appendix Certificate of Good Standing, #3 Text of Proposed Order).(Miller, Stefan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 163 MOTION for James F. Hurst to Appear Pro Hac Vice for Plaintiff Jonathan Berall, M.D.. Filing fee $ 200.00, receipt number ANYSDC-20193885. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jonathan Berall, MD. (Attachments: #1 Affidavit, #2 Appendix Certificate of Good Standing, #3 Text of Proposed Order).(Hurst, James) [Transferred from New York Southern on 8/23/2022.] |
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Filing 162
ORDER granting #156 Letter Motion for Local Rule 37.2 Conference. The parties shall appear for a telephonic conference on June 11 at 10:00 a.m. The dial-is is (888) 363-4734, access code: 4645450. SO ORDERED. Telephone Conference set for 6/11/2020 at 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 6/8/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| Filing 161 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Ashley Ross dated 5/29/2020 re: #156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. . Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 160 LETTER REPLY to Response to Motion addressed to Judge Loretta A. Preska from Ashley Ross dated 5/28/2020 re: #156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. . Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 159 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Allison H. Altersohn dated 5/28/2020 re: #156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. . Document filed by Verathon Inc...(Altersohn, Allison) [Transferred from New York Southern on 8/23/2022.] |
| Filing 158 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from Jonathan R. Wise dated 5/28/2020 re: #156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. . Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 157 LETTER RESPONSE to Motion addressed to Judge Loretta A. Preska from A. James Isbester dated May 27, 2020 re: #156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. . Document filed by Pentax of America, Inc...(Bussey, Megan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 156 LETTER MOTION for Local Rule 37.2 Conference re certain mediation-related disputes addressed to Judge Loretta A. Preska from Ashley Ross dated 5/22/2020. Document filed by Jonathan Berall, MD. (Attachments: #1 Attachment A).(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 7/27/2020 at 10:00 AM by phone or video conference..(rpr) [Transferred from New York Southern on 8/23/2022.] |
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Filing 155
MEMO ENDORSEMENT on re: #150 Letter filed by Jonathan Berall, M.D. ENDORSEMENT: Kirkland & Ellis's request to serve as Dr. Berall's counsel is approved. A mediator has now been appointed. The parties, in consultation with the mediator, shall make every effort to agree on what disclosures, if any, are necessary for a fruitful mediation. To the extent the parties cannot reach an agreement, any applications for relief should be made directly to the Court. SO ORDERED. (Signed by Judge Loretta A. Preska on 4/30/2020) (va) [Transferred from New York Southern on 8/23/2022.]
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/29/2020..(rpr) [Transferred from New York Southern on 8/23/2022.] |
| Filing 154 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teleflex Incorporated for LMA North America, Inc., LMA North America, Inc.. Document filed by LMA North America, Inc...(Bornstein, Scott) [Transferred from New York Southern on 8/23/2022.] |
| Filing 153 LETTER addressed to Judge Loretta A. Preska from Jonathan R. Wise dated 4/17/2020 re: Response to letter dated 4/3/2020. Document filed by LMA North America, Inc...(Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 152 LETTER addressed to Judge Loretta A. Preska from A. James Isbester dated 4/14/2020 re: Response to Letter dtd. 4/3/2020 from Ashley Ross of Kirlkland & Ellis. Document filed by Pentax of America, Inc...(Isbester, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| Filing 151 LETTER addressed to Judge Loretta A. Preska from Allison H. Altersohn dated 4/14/2020 re: Defendant Verathon's Response to Letter of Ashley Ross, Esq. dated 4/3/20 (ECF Doc. 150).. Document filed by Verathon Inc...(Altersohn, Allison) [Transferred from New York Southern on 8/23/2022.] |
| Filing 150 LETTER addressed to Judge Loretta A. Preska from Ashley Ross dated 4/3/2020 re: Request for Representation of Dr. Berall in Mediation Proceedings. Document filed by Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 149 NOTICE OF APPEARANCE by Ashley Lauren Borom Ross on behalf of Jonathan Berall, MD..(Borom Ross, Ashley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 148 NOTICE OF APPEARANCE by Jonathan Richard Wise on behalf of LMA North America, Inc.. (Wise, Jonathan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 147 NOTICE OF APPEARANCE by Scott J. Bornstein on behalf of LMA North America, Inc.. (Bornstein, Scott) [Transferred from New York Southern on 8/23/2022.] |
| Filing 146 NOTICE of Substitution of Attorney. Old Attorney: Stephen J. Marzen and Vicki S. Veenker, New Attorney: Scott J. Bornstein and Jonathan R. Wise, Address: Greenberg Traurig, LLP, 200 Park Ave., New York, NY, NY, USA 10166, 212-801-9200. Document filed by LMA North America, Inc.. (Bornstein, Scott) [Transferred from New York Southern on 8/23/2022.] |
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Filing 145
LETTER from J. Berall, dated 10/22/19 re: (DOCKET #144) - Plaintiff writes that he is agreeable to participating in the mediation with the conditions ordered by Judge Preska. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.]
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| Mailed a copy of #144 Order, to Jonathan Berall, M.D. 173 Columbia Heights Brooklyn, NY 11201. (vba) [Transferred from New York Southern on 8/23/2022.] |
| Minute Entry for proceedings held before Judge Loretta A. Preska: Interim Pretrial Conference held on 11/18/2019. (mph) [Transferred from New York Southern on 8/23/2022.] |
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Filing 144
ORDER: By order dated November 13, 2019 [dkt. no. 141], the Court referred the matter to mediation with a request that pro bono counsel be located to represent Plaintiff at the mediation. Plaintiff shall inform the Court by letter no later than December 2 whether he is amenable to participating in the mediation. Plaintiff is reminded that if mediation does not proceed, defense counsel will proceed with several motions as set forth in their joint letter dated October 18, 2019 [dkt. no. 133]. The Clerk of the Court shall mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/18/2019) (mml) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 8/23/2022.]
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Filing 143
ORDER GRANTING PRO HAC VICE ADMISSION granting #140 Motion for Andrew James Isbester to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Loretta A. Preska on 11/15/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 142 LETTER addressed to Judge Loretta A. Preska from A. James Isbester dated November 14, 2019 re: Pro hac vice application. Document filed by Pentax of America, Inc..(Isbester, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| Mailed a copy of #141 Order for Limited Appearance of Pro Bono Counsel, to Jonathan Berall, M.D. 173 Columbia Heights Brooklyn, NY 11201. (aea) [Transferred from New York Southern on 8/23/2022.] |
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Filing 141
AMENDED MEDIATION REFERRAL ORDER: IT IS HEREBY ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. IT IS FURTHER ORDERED that the Clerk of Court shall locate pro bono counsel to represent the plaintiff at the mediation. The time to assign a mediator shall be deferred until pro bono counsel has filed a Notice of Limited Appearance of Pro Bono Counsel. Pro bono counsel will represent plaintiff solely for purposes of the mediation, and that representation will terminate when the mediation concludes. IT IS FURTHER ORDERED that any objection by the plaintiff to either the mediation or to the appointment of pro bono counsel to represent the plaintiff in the mediation must be filed within 14 days of this Order. In the event the plaintiff files such an objection, the referral to mediation is vacated, and this case will not proceed to mediation. The Clerk of the Court shall mail a copy of this Order to plaintiff. SO ORDERED. (Signed by Judge Loretta A. Preska on 11/13/2019) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Mediation Clerk for processing. [Transferred from New York Southern on 8/23/2022.]
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| Filing 140 MOTION for Andrew James Isbester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18051749. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pentax of America, Inc.. (Attachments: #1 Affidavit, #2 Supplement CA Certificate of Good Standing, #3 Supplement WA Certificate of Good Standing, #4 Text of Proposed Order)(Isbester, Andrew) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #140 MOTION for Andrew James Isbester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18051749. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 8/23/2022.] |
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Filing 139
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/14/2019. (Signed by Judge Loretta A. Preska on 11/4/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 138 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD, re: Plaintiff informs the Court that he answered OK to Verathon's lawyers email asking if it would be OK to delay the Meeting which the Court scheduled for 10/31/19 and rescheduled to 11/18/19-11/21/19. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
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Filing 136
ORDER granting #135 Letter Motion to Adjourn Conference. The conference is adjourned to November 18, 2019 at 10:00am. SO ORDERED. Status Conference set for 11/18/2019 at 10:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/29/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 137 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD re: Plaintiff informs the Court that, regarding the 10/18/19 submission by defendants' lawyers, Pentax's unsuccessful business history is of no interest; and that they sold ("500,000 worth") Video Laryngoscopes in the United States which infringed on U.S. Patent #5,827,178 before that patent expired etc.. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 135 LETTER MOTION to Adjourn Conference scheduled for 10/31/19 at 9:30am addressed to Judge Loretta A. Preska from Allison Altersohn dated 10/28/2019. Document filed by Verathon Inc..(Altersohn, Allison) [Transferred from New York Southern on 8/23/2022.] |
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Filing 134
SCHEDULING ORDER: It is hereby ORDERED that counsel are directed to appear in courtroom 12A, or such other courtroom as may be designated, United States Courthouse, 500 Pearl Street, New York, New York 10007 on October 31, 2019 at 9:30 a.m. for a conference in the above action. Status Conference set for 10/31/2019 at 09:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 10/23/2019) (cf) [Transferred from New York Southern on 8/23/2022.]
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| Filing 133 LETTER addressed to Judge Loretta A. Preska from James Sze and Allison Altersohn dated 10/18/2019 re: Status of matter. Document filed by Pentax of America, Inc..(Sze, James) [Transferred from New York Southern on 8/23/2022.] |
| Filing 132 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD; re: re: Plaintiff informs the Court that he contacted a representative of Pentax and that there were some settlement discussions; and he requests that the Court schedule a conference and that the matter be placed on the pretrial calendar. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 131 LETTER addressed to Judge Loretta A. Preska from J. Berall, re: Plaintiff informs the Court that he is unsure as to what is expected from him by the Court's last order regarding "status" by 10/19/19; and that he has waited since 8/2010 to be placed on the Court's active calender. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
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Filing 130
MEMO ENDORSEMENT on #129 Letter. ENDORSEMENT: The Court mistakenly closed the case. The Clerk of the Court shall reopen the case. Counsel shall confer and inform the Court by letter of the status of the action no later than October 18. SO ORDERED. (Signed by Judge Loretta A. Preska on 10/9/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 129 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD, dated 10/7/19 re: Plaintiff informs the Court that, with regard to the Stipulated Motion to Dismiss submitted on 8/26/19, Pentax and Verathon are still defendants in this case. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
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Filing 128
STIPULATED MOTION TO DISMISS WITH PREJUDICE: Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the terms of a separate Settlement Agreement, Plaintiff, Jonathan Berall and Defendant, Aircraft Medical Ltd., have agreed to settle, adjust and compromise all claims and counterclaims in the above-captioned action as between Plaintiff and Aircraft Medical Ltd. Plaintiff and Aircraft Medical Ltd., therefore, move this Court to dismiss the above-entitled cause and all claims and counterclaims as between Plaintiff and Aircraft Medical Ltd. made therein with prejudice to the re-filing of same. Each party shall bear its own costs. The Clerk of the Court shall mark this action closed and all pending motions denied as moot. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/26/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 127 PROPOSED STIPULATION AND ORDER. Document filed by Aircraft Medical, Ltd.. (Sooter, Mary) [Transferred from New York Southern on 8/23/2022.] |
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Filing 126
MEMO ENDORSEMENT on re: #125 Letter filed by Aircraft Medical, Ltd. ENDORSEMENT: Counsel shall confer and inform the Court by letter now they propose to proceed. SO ORDERED. (Signed by Judge Loretta A. Preska on 8/1/2019) (mml) [Transferred from New York Southern on 8/23/2022.]
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| Filing 125 LETTER addressed to Judge Loretta A. Preska from Mindy V. Sooter, James Y.C. Sze, Allison H. Altersohn dated July 31, 2019 re: Response to Court's January 30, 2019 Order. Document filed by Aircraft Medical, Ltd..(Sooter, Mary) [Transferred from New York Southern on 8/23/2022.] |
| Filing 124 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD dated 7/29/19 re: Plaintiff informs the Court that the U.S. Patent 5,827,178 which is the subject of the above referenced case has now appeared in the USPTO Gazette published on 7/23/19, signaling the completion of the Re-examination that resulted in the stay of this case, and that based on the foregoing, the plaintiff requests that the Court place this case on the Active Calendar. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 123 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD dated 7/17/19 re: Plaintiff reports to the Court that Ex Parte Re-examination Certificates have been issued by the Patent Office; that the patentability of claims 1-15 has been confirmed; and that Claim 16 has been cancelled. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 122 LETTER addressed to Judge Loretta A. Preska from Dr. Jonathan Berall, MD dated 7/17/19 re: Plaintiff reports to the Court, pursuant to the Court's Order dated 1/30/19, that there have been no updates relating to the status of the re-examination of the patents; that there have been no re-examination Certificates published in the Official Gazette; and he requests that the Court maintain the stay. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 121 PRO SE MEMORANDUM dated 2/6/19 re: CHANGE OF ADDRESS for Jonathan Berall, MD. New Address: 173 Columbia Heights, Brooklyn, New York, 11201. (sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 120 MEMO ENDORSEMENT on re: #119 Letter, filed by Aircraft Medical, Ltd. ENDORSEMENT: The stay shall continue. Counsel shall inform the Court by letter no later than July 31 of the status of the re-examination. (Signed by Judge Loretta A. Preska on 1/30/2019) (jwh) [Transferred from New York Southern on 8/23/2022.] |
| Filing 119 LETTER addressed to Judge Loretta A. Preska from Nora QE Passamaneck dated January 25, 2019 re: Letter to Court Regarding Stay and Reexaminaton Proceedings. Document filed by Aircraft Medical, Ltd.. (Attachments: #1 Exhibit A - Manuel of Patent Examining Proceedure)(Passamaneck, Nora) [Transferred from New York Southern on 8/23/2022.] |
| Filing 118 LETTER addressed to Judge Loretta A. Preska from Jonathan Berall, M.D. dated 1/25/19 re: Plaintiff writes that, in regard to his previous letter to the Court, he should have written, "I did not see your order" instead of "I did not receive the order from Judge Preska's Office on 6/22/18," and he requests that his case be placed on the Active Calendar. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 117 LETTER addressed to Judge Loretta A. Preska from Jonathan Berall, M.D. dated 1/9/19 re: Plaintiff informs the Court that he did not receive the order from Judge Preska's office on the 6/22/18 regarding, "the status of the action/remaining claims/ defendants and how they propose to proceed."(Doc. No. 99) etc.; and that he requests that his case be placed on the active Calendar. Document filed by Jonathan Berall, MD.(sc) Modified on 1/14/2019 (sc). [Transferred from New York Southern on 8/23/2022.] |
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Filing 116
ORDER GRANTING PRO HAC VICE ADMISSION granting #115 Motion for James Y.C. Sze to Appear Pro Hac Vice. (Signed by Judge Loretta A. Preska on 7/25/2018) (ne) [Transferred from New York Southern on 8/23/2022.]
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| Filing 115 MOTION for James Y.C. Sze to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15350038. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pentax of America, Inc.. (Attachments: #1 Affidavit, #2 Supplement - Certificate of Good Standing, California, #3 Supplement - Certificate of Good Standing, DC, #4 Supplement - Certificate of Good Standing, New York, #5 Text of Proposed Order)(Sze, James) [Transferred from New York Southern on 8/23/2022.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #115 MOTION for James Y.C. Sze to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15350038. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 114 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Medtronic plc, Other Affiliate Covidien Group S.a.r.l for Aircraft Medical, Ltd.. Document filed by Aircraft Medical, Ltd.. (Attachments: #1 Certificate of Service)(Passamaneck, Nora) [Transferred from New York Southern on 8/23/2022.] |
| Filing 113 MEMO ENDORSEMENT on re: #112 Letter, filed by Aircraft Medical, Ltd. ENDORSEMENT: Plaintiff shall show cause in writing no later than July 25 why the action should not be dismissed with prejudice. Failure to respond may result in dismissal. (Signed by Judge Loretta A. Preska on 7/9/2018) (jwh) [Transferred from New York Southern on 8/23/2022.] |
| Filing 112 JOINT LETTER addressed to Judge Loretta A. Preska from Mary V. Sooter dated July 6, 2018 re: Status of Action. Document filed by Aircraft Medical, Ltd.. (Attachments: #1 Certificate of Service, #2 Exhibit A - Final Rejection, #3 Exhibit B - Notice of Appeal, #4 Exhibit C - Ex Parte Reexamination Notification re: Appeal)(Sooter, Mary) [Transferred from New York Southern on 8/23/2022.] |
| Filing 111 LETTER addressed to Judge Loretta A. Preska from Richard C. Pettus dated July 6, 2018 re: Withdrawal as Counsel for Verathon. Document filed by Verathon Inc..(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
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Filing 110
ORDER re: #106 Notice of Substitution of Attorney, filed by Pentax of America, Inc: IT IS HEREBY ORDERED that Obion, Spivak, McClelland, Maier & Neustadt, P.C. and Satterlee Stephens Burke & Burke LLP may withdraw from representation of Defendant Pentax of America, Inc. (Attorney Megan Elizabeth Bussey for Pentax of America, Inc. added. Attorney Richard D. Kelly; James J. Kulbaski; Andrew M. Ollis; Thomas Fisher and Michael Hugh Gibson terminated.) (Signed by Judge Loretta A. Preska on 7/5/2018) (jwh) [Transferred from New York Southern on 8/23/2022.]
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| Filing 109 AFFIDAVIT OF SERVICE of ECF Nos. 104, 105, 108 served on Jonathan Berall, M.D. on 6/29/18, 7/3/18. Service was made by Mail. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 108 NOTICE OF CHANGE OF ADDRESS by Brian Michael Gaff on behalf of Aircraft Medical, Ltd.. New Address: Fish & Richardson P.C., One Marina Park Drive, Boston, MA, USA 02210-1878, 617-542-5070. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
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Filing 107
MEMO ENDORSEMENT granting #105 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Brian Michael Gaff terminated.) (Signed by Judge Loretta A. Preska on 7/2/2018) (jwh) [Transferred from New York Southern on 8/23/2022.]
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| Filing 106 NOTICE of Substitution of Attorney. Old Attorney: Andrew M. Ollis, James J. Kulbaski, Richard D. Kelly, Thomas Fisher and Michael Hugh Gibson, New Attorney: Megan Bussey, Address: Kilpatrick Townsend & Stockton LLP, 1114 Avenue of the Americas, New York, NY, USA 10036, (212) 775-8700. Document filed by Pentax of America, Inc.. (Bussey, Megan) [Transferred from New York Southern on 8/23/2022.] |
| Filing 105 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Brian M. Gaff to Withdraw as Attorney . Document filed by Aircraft Medical, Ltd..(Gaff, Brian) Modified on 7/10/2018 (ldi). [Transferred from New York Southern on 8/23/2022.] |
| Filing 104 NOTICE of Motion to Withdraw as Counsel. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 103 MEMO ENDORSEMENT granting #102 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. (Attorney Lawrence D. Graham terminated.) (Signed by Judge Loretta A. Preska on 6/27/2018) (jwh) [Transferred from New York Southern on 8/23/2022.] |
| Filing 102 MOTION for Lawrence D. Graham to Withdraw as Attorney . Document filed by Verathon Inc..(Graham, Lawrence) [Transferred from New York Southern on 8/23/2022.] |
| Filing 101 NOTICE of Motion to Withdraw as Counsel. Document filed by Verathon Inc.. (Graham, Lawrence) [Transferred from New York Southern on 8/23/2022.] |
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Filing 100
ORDER FOR ADMISSION PRO HAC VICE granting #97 Motion for Mary V. Sooter to Appear Pro Hac Vice. So ordered. (Signed by Judge Loretta A. Preska on 6/25/2018) (rjm) [Transferred from New York Southern on 8/23/2022.]
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Filing 99
ORDER: Counsel shall confer and inform Judge Preska by letter no later than July 6, 2018 of the status of the action/remaining claims/defendants and how they propose to proceed. (Signed by Judge Loretta A. Preska on 6/21/2018) (jwh) [Transferred from New York Southern on 8/23/2022.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #97 MOTION for Mary V. Sooter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14544011. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from New York Southern on 8/23/2022.] |
| Filing 98 NOTICE OF APPEARANCE by Nora Q.E. Passamaneck on behalf of Aircraft Medical, Ltd.. (Passamaneck, Nora) [Transferred from New York Southern on 8/23/2022.] |
| Filing 97 MOTION for Mary V. Sooter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14544011. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aircraft Medical, Ltd.. (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1- Certificate of Good Standing Colorado, #3 Text of Proposed Order)(Sooter, Mary) [Transferred from New York Southern on 8/23/2022.] |
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Filing 96
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL. The Court having considered the Motion to Withdraw as Counsel and filed by Joel B. Ard and Richard T. Black, Foster Pepper PLLC, to withdraw as counsel for Defendant Verathon, Inc., it is hereby: ORDERED that Foster Pepper PLLC is permitted to withdraw as counsel in this matter effective immediately upon entry of this order. Granting #94 Motion to Withdraw as Attorney. Attorney Joel B. Ard and Richard Thomas Black terminated. (Signed by Judge Loretta A. Preska on 8/26/2016) (rjm) [Transferred from New York Southern on 8/23/2022.]
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| Filing 95 NOTICE of Motion to Withdraw as Counsel re: #94 MOTION for Joel B. Ard and Richard Thomas Black to Withdraw as Attorney .. Document filed by Verathon Inc.. (Ard, Joel) [Transferred from New York Southern on 8/23/2022.] |
| Filing 94 MOTION for Joel B. Ard and Richard Thomas Black to Withdraw as Attorney . Document filed by Verathon Inc..(Ard, Joel) [Transferred from New York Southern on 8/23/2022.] |
| NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Barbara S. Jones is no longer assigned to the case. (wb) [Transferred from New York Southern on 8/23/2022.] |
| Filing 93 LETTER from Jonathan Berall, dated 8/3/16 re: (TO REOPEN) - Plaintiff informs the Court that settlement was made with one of the four defendants. Document filed by Jonathan Berall, MD.(sc) [Transferred from New York Southern on 8/23/2022.] |
| Filing 92 AFFIDAVIT OF SERVICE of Notice of Change of Address (Doc. No. 91) served on Jonathan Berall, M.D. on July 10, 2013. Service was made by Mail. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 91 NOTICE OF CHANGE OF ADDRESS by Brian Michael Gaff on behalf of Aircraft Medical, Ltd.. New Address: McDermott Will & Emery LLP, 28 State Street, Boston, MA, USA 02109-1775, 617-535-4000. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 89 AFFIDAVIT OF SERVICE of Doc. No. 88 served on Jonathan Berall, M.D. on Oct. 6, 2011. Service was made by Mail. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 88 NOTICE OF CHANGE OF ADDRESS by Brian Michael Gaff on behalf of Aircraft Medical, Ltd.. New Address: Edwards Wildman Palmer LLP, 111 Huntington Avenue, Boston, MA, USA 02199-7613, 617-239-0100. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Transmission to Docket Assistant Clerk. Transmitted re: #87 Stipulation and Order of Dismissal to the Docket Assistant Clerk for case processing. (laq) [Transferred from New York Southern on 8/23/2022.] |
| Mailed notice to Commissioner of Patents and Trademarks to report the termination of this action. (rjm) [Transferred from New York Southern on 8/23/2022.] |
| Filing 87 STIPULATION OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned parties that all claims asserted in this action be, and the same hereby are, dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1). Each party shall bear its own costs. (Signed by Judge Barbara S. Jones on 9/26/2011) (rjm) [Transferred from New York Southern on 8/23/2022.] |
| Filing 86 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Karl Storz Endoscopy-America, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Karl Storz Endoscopy-America, Inc., Jonathan Berall, MD.(Whitmyer, Wesley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 85 NOTICE OF CHANGE OF ADDRESS by Richard Thomas Black on behalf of Verathon Inc.. New Address: Foster Pepper PLLC, 1111 Third Ave., Suite 3400, Seattle, WA, USA 98101, 206-447-4400. (Attachments: #1 Affidavit Certificate of Service)(Black, Richard)[Transferred from New York Southern on 8/23/2022.] |
| Filing 84 NOTICE OF CHANGE OF ADDRESS by Joel B. Ard on behalf of Verathon Inc.. New Address: Foster Pepper PLLC, 1111 Third Ave., Suite 3400, Seattle, WA, USA 98101, 206-447-4400. (Attachments: #1 Affidavit Certificate of Service)(Ard, Joel) [Transferred from New York Southern on 8/23/2022.] |
| Filing 83 NOTICE OF APPEARANCE by Allison Hoch Altersohn on behalf of Verathon Inc. (Attachments: #1 Certificate of Service)(Altersohn, Allison) [Transferred from New York Southern on 8/23/2022.] |
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Filing 82
ORDER: Accordingly, the motion for summary judgment filed by Defendant Karl Storz Endoscopy-America, Inc. (document number 72) is DISMISSED without prejudice and leave to renew pending a final decision by the PTO. Further, Plaintiff's Cross-Motion for Summary Judgment (document number 79) is also DISMISSED without prejudice and leave to renew pending a final decision by the PTO. (Signed by Judge Barbara S. Jones on 5/17/2011) (jfe) [Transferred from New York Southern on 8/23/2022.]
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| Filing 81 LEGAL ARGUMENT AND AFFIDAVIT of Jonathan Berall in Opposition re: #72 MOTION for Summary Judgment Of Non-Infringement Of U.S. Patent No. 5,827,178 For The C-Mac Device. in Support #79 CROSS MOTION for Summary Judgment. Document filed by Jonathan Berall, MD(M.P.H.). (tro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 80 RULE 56.1 STATEMENT in Opposition to Storz' Motion for Summary Judgment and in Support of Berall's Cross-Motion for Infringement of U.S. Patent No. 5,827,178 by Karl Storz Endoscopy-America, Inc. Document filed by Jonathan Berall, MD(M.P.H.). (tro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 79 CROSS-MOTION for Summary Judgment for Infringement of U.S. Patent No. 5,827,178 by Karl Storz Endoscopy-America, Inc. Document filed by Jonathan Berall, MD(M.P.H.).(tro) [Transferred from New York Southern on 8/23/2022.] |
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Filing 78
ORDER Accordingly, for the forgoing reasons, it is hereby ORDERED that all proceedings herein shall be stayed pending the resolution of the PTO' s reexamination of the '178 Patent. The parties are directed to keep this Court informed as to the status of the PTO's reexamination proceeding. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/11/11) Copies Sent By Chambers. (jmi) (laq). [Transferred from New York Southern on 8/23/2022.]
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| Filing 77 NOTICE OF APPEARANCE by Wesley W. Whitmyer, Jr on behalf of Karl Storz Endoscopy-America, Inc. (Whitmyer, Wesley) [Transferred from New York Southern on 8/23/2022.] |
| Filing 76 NOTICE of To Pro Se Litigants Who Opposes A Motion For Summary Judgment re: #72 MOTION for Summary Judgment Of Non-Infringement Of U.S. Patent No. 5,827,178 For The C-Mac Device.. Document filed by Karl Storz Endoscopy-America, Inc.. (Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 75 RULE 56.1 STATEMENT. Document filed by Karl Storz Endoscopy-America, Inc.. (Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 74 DECLARATION of William H. Wise in Support re: #72 MOTION for Summary Judgment Of Non-Infringement Of U.S. Patent No. 5,827,178 For The C-Mac Device.. Document filed by Karl Storz Endoscopy-America, Inc.. (Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 73 MEMORANDUM OF LAW in Support re: #72 MOTION for Summary Judgment Of Non-Infringement Of U.S. Patent No. 5,827,178 For The C-Mac Device.. Document filed by Karl Storz Endoscopy-America, Inc.. (Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 72 MOTION for Summary Judgment Of Non-Infringement Of U.S. Patent No. 5,827,178 For The C-Mac Device. Document filed by Karl Storz Endoscopy-America, Inc.. Responses due by 5/19/2011(Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
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Filing 71
ORDER granting #69 Motion to Withdraw as Counsel. PCZL is permitted to withdraw as counsel in this matter. Dr. Jonathan Berall shall be permitted to appear pro se. (Signed by Judge Barbara S. Jones on 4/5/2011) (tro) [Transferred from New York Southern on 8/23/2022.]
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| Filing 70 NOTICE of Appearance Pro Se. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 69 MOTION to Withdraw as Counsel. Document filed by Jonathan Berall, MD. (Attachments: #1 Text of Proposed Order)(Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 68 NOTICE of Motion to Withdraw as Counsel. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 67 NOTICE of THE U.S. PATENT OFFICE GRANT OF REEXAMINATION re: #42 MOTION to Stay the proceedings in this action.. Document filed by Verathon Inc.. (Attachments: #1 USPTO Order of 1/7/11 Granting Re-Examination, #2 Certificate of Service)(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 66 NOTICE of THE U.S. PATENT OFFICES GRANT OF REEXAMINATION re: #42 MOTION to Stay the proceedings in this action.. Document filed by Verathon Inc.. (Attachments: #1 USPTO Order Granting Request For Ex Parte Reexamination, #2 Certificate of Service)(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 65 RESPONSE in Support re: #42 MOTION to Stay the proceedings in this action. Exhibit A-6 and Additional Exhibits of [Document 64] Defendant Pentax Response in Support of Motion. Document filed by Pentax of America, Inc.. (Attachments: #1 Exhibit A-7, #2 Exhibit A-8, #3 Exhibit A-9)(Rittinger, James) [Transferred from New York Southern on 8/23/2022.] |
| Filing 64 RESPONSE in Support re: #42 MOTION to Stay the proceedings in this action.. Document filed by Pentax of America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5)(Rittinger, James) [Transferred from New York Southern on 8/23/2022.] |
| Filing 63 AFFIDAVIT OF SERVICE of Doc. No. 60 served on Pentax of America on 12/7/10. Service was made by Mail. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 62 ANSWER to Counterclaim. Document filed by Jonathan Berall, MD(M.P.H.).(Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 61 ANSWER to Counterclaim. Document filed by Jonathan Berall, MD(M.P.H.).(Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 60 NOTICE of Regarding Plaintiff's Response to Motion to Stay re: #54 Response to Motion. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 59 REPLY MEMORANDUM OF LAW in Support re: #42 MOTION to Stay the proceedings in this action.. Document filed by Verathon Inc.. (Attachments: #1 Certificate of Service)(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
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Filing 58
ORDER ADMITTING RICHARD D. KELLY PRO HAC VICE granting #31 Motion for Richard D. Kelly to Appear Pro Hac Vice for defendant Pentax of America. (Signed by Judge Barbara S. Jones on 12/1/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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Filing 57
ORDER ADMITTING THOMAS J. FISHER PRO HAC VICE granting #30 Motion for Thomas J. Fisher to Appear Pro Hac Vice for defendant Pentax of America. (Signed by Judge Barbara S. Jones on 12/1/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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Filing 56
ORDER ADMITTING ANDREW M. OLLIS PRO HAC VICE granting #33 Motion for Andrew M. Ollis to Appear Pro Hac Vice for defendant Pentax of America. (Signed by Judge Barbara S. Jones on 12/1/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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Filing 55
ORDER ADMITTING JAMES J. KUBALSKI PRO HAC VICE granting #32 Motion for James J. Kulbaski to Appear Pro Hac Vice for defendant Pentax of America. (Signed by Judge Barbara S. Jones on 12/1/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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| Filing 54 RESPONSE to Motion re: #42 MOTION to Stay the proceedings in this action.. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 53 ANSWER to Counterclaim. Document filed by Jonathan Berall, MD(M.P.H.).(Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| CASHIERS OFFICE REMARK on #33 Motion to Appear Pro Hac Vice, #31 Motion to Appear Pro Hac Vice, #30 Motion to Appear Pro Hac Vice, #32 Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 10/26/2010, Receipt Number 918913. (jd) [Transferred from New York Southern on 8/23/2022.] |
| Filing 52 CERTIFICATE OF SERVICE. Document filed by LMA North America, Inc.. (Veenker, Vicki) [Transferred from New York Southern on 8/23/2022.] |
| Filing 51 NOTICE OF APPEARANCE by Vicki S. Veenker on behalf of LMA North America, Inc. (Veenker, Vicki) [Transferred from New York Southern on 8/23/2022.] |
| Filing 50 AFFIDAVIT OF SERVICE of Doc. Nos. 39, 40, and 41 served on Pentax of America, Inc. on 11/17/10. Service was made by Mail. Document filed by Aircraft Medical, Ltd.. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 49 CERTIFICATE OF SERVICE. Document filed by LMA North America, Inc.. (Marzen, Stephen) [Transferred from New York Southern on 8/23/2022.] |
| Filing 48 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Jonathan Berall, MD. Document filed by LMA North America, Inc..(Marzen, Stephen) [Transferred from New York Southern on 8/23/2022.] |
| Filing 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying LMA International N.V. as Corporate Parent. Document filed by LMA North America, Inc..(Marzen, Stephen) [Transferred from New York Southern on 8/23/2022.] |
| Filing 46 NOTICE OF APPEARANCE by Stephen James Marzen on behalf of LMA North America, Inc. (Marzen, Stephen) [Transferred from New York Southern on 8/23/2022.] |
| Filing 45 NOTICE OF APPEARANCE by Stephen James Marzen on behalf of LMA North America, Inc. (Marzen, Stephen) [Transferred from New York Southern on 8/23/2022.] |
| Filing 44 DECLARATION of JOEL B. ARD in Support re: #42 MOTION to Stay the proceedings in this action.. Document filed by Verathon Inc.. (Attachments: #1 Exhibits)(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 43 MEMORANDUM OF LAW in Support re: #42 MOTION to Stay the proceedings in this action.. Document filed by Verathon Inc.. (Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 42 MOTION to Stay the proceedings in this action. Document filed by Verathon Inc..(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 41 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Jonathan Berall, MD. Document filed by Aircraft Medical, Ltd..(Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Aircraft Medical, Ltd..(Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| Filing 39 NOTICE OF APPEARANCE by Brian Michael Gaff on behalf of Aircraft Medical, Ltd. (Gaff, Brian) [Transferred from New York Southern on 8/23/2022.] |
| CASHIERS OFFICE REMARK on #33 Motion to Appear Pro Hac Vice, #31 Motion to Appear Pro Hac Vice, #30 Motion to Appear Pro Hac Vice, #32 Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 10/26/2010, Receipt Number 918913. (jd) [Transferred from New York Southern on 8/23/2022.] |
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Filing 38
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL OF AIRTAQ LLC WITHOUT PREJUDICE - JURY TRIAL DEMANDED. Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff Dr. Jonathan Berall voluntarily dismisses Defendant AirTraq, LLC ("AirTraq") without prejudice, AirTraq having served neither an answer nor a motion for summary judgment. Plaintiff and AirTraq shall each bear their own costs and attorneys' fees. All claims against the remaining Defendants are not part of this voluntary dismissal and shall remain in full force and effect. (Signed by Judge Barbara S. Jones on 11/3/10) (djc) [Transferred from New York Southern on 8/23/2022.]
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Filing 37
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Brian M. Gaff dated 11/1/10 re: Request for an extension of time until 11/16/10 for defendant Aircraft Medical, Ltd to answer, move or otherwise respond to the complaint. ENDORSEMENT: SO ORDERED. Aircraft Medical, Ltd. answer due 11/16/2010. (Signed by Magistrate Judge Debra C. Freeman on 11/2/10) (db) [Transferred from New York Southern on 8/23/2022.]
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Filing 36
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Vicki S. Veenker dated 11/1/10 re: Request for an extension of time until 11/16/10 for defendant LMA to answer, move or otherwise respond to the complaint. ENDORSEMENT: SO ORDERED. LMA North America, Inc. answer due 11/16/2010. (Signed by Magistrate Judge Debra C. Freeman on 11/2/10) (db) [Transferred from New York Southern on 8/23/2022.]
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| Filing 35 ANSWER to Complaint., COUNTERCLAIM against Jonathan Berall, MD. Document filed by Karl Storz Endoscopy-America, Inc..(Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 34 NOTICE of Withdrawal of Attorney. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 33 MOTION for Andrew M. Ollis to Appear Pro Hac Vice. Document filed by Pentax of America, Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 32 MOTION for James J. Kulbaski to Appear Pro Hac Vice. Document filed by Pentax of America, Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 31 MOTION for Richard D. Kelly to Appear Pro Hac Vice. Document filed by Pentax of America, Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 30 MOTION for Thomas J. Fisher to Appear Pro Hac Vice. Document filed by Pentax of America, Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 29 MEMO ENDORSED granting #19 Motion for Extension of Time to Answer. Karl Storz Endoscopy-America, Inc. answer due 11/3/2010. (Signed by Magistrate Judge Debra C. Freeman on 10/25/10) (cd) [Transferred from New York Southern on 8/23/2022.] |
| Filing 28 RESPONSE re: #22 Answer to Complaint, Counterclaim. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| ***REJECTION OF VOLUNTARY DISMISSAL DUE TO FILING OF RESPONSIVE PLEADING. Note to Attorney: Keren Livneh, the #27 Notice of Voluntary Dismissal, was rejected by the Clerk's Office due to the filing of responsive pleading. (dt) [Transferred from New York Southern on 8/23/2022.] |
| Filing 27 FILIING ERROR - RESPONSIVE PLEADING FILED - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) AirTraq LLC. Document filed by Jonathan Berall, MD. (Livneh, Keren) Modified on 10/22/2010 (dt). [Transferred from New York Southern on 8/23/2022.] |
| Filing 26 RESPONSE to Motion re: #19 FIRST MOTION for Extension of Time to File Answer re: #1 Complaint,.. Document filed by Jonathan Berall, MD. (Livneh, Keren) [Transferred from New York Southern on 8/23/2022.] |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Karl Storz GmbH & Co. K.G. as Corporate Parent. Document filed by Karl Storz Endoscopy-America, Inc..(Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
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Filing 24
STIPULATION AND ORDER, AirTraq LLC answer to complaint due 10/18/2010. (Signed by Judge Barbara S. Jones on 10/4/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Roper Industries, Inc. as Corporate Parent. Document filed by Verathon Inc..(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 22 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Jonathan Berall, MD. Document filed by Verathon Inc..(Pettus, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 21 ANSWER to Complaint with JURY DEMAND. Document filed by Pentax of America, Inc..(Gibson, Michael) [Transferred from New York Southern on 8/23/2022.] |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hoya Corporation as Corporate Parent. Document filed by Pentax of America, Inc..(Gibson, Michael) [Transferred from New York Southern on 8/23/2022.] |
| Filing 19 FIRST MOTION for Extension of Time to File Answer re: #1 Complaint,. Document filed by Karl Storz Endoscopy-America, Inc..(Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 18 NOTICE OF APPEARANCE by Richard J. Basile on behalf of Karl Storz Endoscopy-America, Inc. (Basile, Richard) [Transferred from New York Southern on 8/23/2022.] |
| Filing 17 WAIVER OF SERVICE RETURNED EXECUTED. Pentax of America, Inc. waiver sent on 8/3/2010, answer due 10/4/2010. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| Filing 16 WAIVER OF SERVICE RETURNED EXECUTED. Verathon Inc. waiver sent on 8/3/2010, answer due 10/4/2010. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| Filing 15 WAIVER OF SERVICE RETURNED EXECUTED. AirTraq LLC waiver sent on 8/3/2010, answer due 10/4/2010. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| Filing 14 WAIVER OF SERVICE RETURNED EXECUTED. Karl Storz Endoscopy-America, Inc. waiver sent on 8/3/2010, answer due 10/4/2010. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| CASHIERS OFFICE REMARK on #7 Motion to Appear Pro Hac Vice, #8 Motion to Appear Pro Hac Vice, #9 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 08/23/2010, Receipt Number 912831. (jd) [Transferred from New York Southern on 8/23/2022.] |
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #8 Motion for Joel B. Ard to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 8/20/2010) (jpo) [Transferred from New York Southern on 8/23/2022.]
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #9 Motion for Richard Thomas Black to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 8/20/2010) (jpo) [Transferred from New York Southern on 8/23/2022.]
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #7 Motion for Lawrence D. Graham to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 8/26/2010) (jpo) [Transferred from New York Southern on 8/23/2022.]
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Filing 10
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Vicki S. Veenker dated 8/23/2010 re: Counsel for defendant LMA North America, Inc. requests an extension of time for 11/2/2010. ENDORSEMENT: SO ORDERED. LMA North America, Inc. answer due 11/2/2010. (Signed by Magistrate Judge Debra C. Freeman on 8/25/2010) (tro) [Transferred from New York Southern on 8/23/2022.]
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| Filing 9 MOTION for Richard Thomas Black to Appear Pro Hac Vice. Document filed by Verathon Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 8 MOTION for Joel B. Ard to Appear Pro Hac Vice. Document filed by Verathon Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 7 MOTION for Lawrence D. Graham to Appear Pro Hac Vice. Document filed by Verathon Inc.(mro) [Transferred from New York Southern on 8/23/2022.] |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Aircraft Medical, Ltd. waiver sent on 8/4/2010, answer due 11/2/2010. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) [Transferred from New York Southern on 8/23/2022.] |
| Filing 5 AFFIDAVIT OF SERVICE. LMA North America, Inc. served on 8/4/2010, answer due 8/25/2010. Service was accepted by Aixa Flores, Process Specialist. Document filed by Jonathan Berall, MD. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Barbara S. Jones on 8/5/10) (cd) [Transferred from New York Southern on 8/23/2022.]
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| Filing 3 NOTICE OF CHANGE OF ADDRESS by Robert Greenfeld on behalf of Jonathan Berall, MD. New Address: Pearl Cohen Zedek Latzer LLP, 1500 Broadway, 12th Floor, New York, NY, USA 10036, (646) 878-0835. (Greenfeld, Robert) [Transferred from New York Southern on 8/23/2022.] |
| Filing 2 NOTICE OF CHANGE OF ADDRESS by David A. Loewenstein on behalf of Jonathan Berall, MD. New Address: Pearl Cohen Zedek Latzer, 1500 Broadway, New York, NY, USA 10036, 646-878-0800. (Loewenstein, David) [Transferred from New York Southern on 8/23/2022.] |
| Filing 1 COMPLAINT against AirTraq LLC, Aircraft Medical, Ltd., Karl Storz Endoscopy-America, Inc., LMA North America, Inc., Pentax of America, Inc., Verathon Inc.. (Filing Fee $ 350.00, Receipt Number 910752)Document filed by Jonathan Berall, MD.(rdz) (ama). [Transferred from New York Southern on 8/23/2022.] |
| SUMMONS ISSUED as to AirTraq LLC, Aircraft Medical, Ltd., Karl Storz Endoscopy-America, Inc., LMA North America, Inc., Pentax of America, Inc., Verathon Inc.. (rdz) [Transferred from New York Southern on 8/23/2022.] |
| Magistrate Judge Debra C. Freeman is so designated. (rdz) [Transferred from New York Southern on 8/23/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 8/23/2022.] |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) [Transferred from New York Southern on 8/23/2022.] |
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