Medpace, Inc. v. InspireMD, Inc.
Medpace, Inc. |
InspireMD, Inc., InspireMD, Ltd., and and InspireMD, Inc. also known as and doing business as InspireMD, LTD |
1:2016cv00830 |
August 10, 2016 |
US District Court for the Southern District of Ohio |
Cincinnati Office |
HAMILTON |
William O Bertelsman |
Stephanie K Bowman |
Contract: Other |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on April 25, 2019. A more recent docket listing may be available from PACER.
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Filing 63 STIPULATION of Dismissal As to All Claims and Counterclaims by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
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Minute Entry - This matter is before the Court on (1) defendants motion for summary judgment as to plaintiffs affirmative claims for relief (Doc. 35), (2) plaintiffs motion to deny defendants motion for summary judgment, or alternatively, to defer considering the motion until further discovery is complete (Doc. 44), and (3) plaintiffs motion to strike the declaration of Jonathan Pressment (Doc. 45). The Court heard oral argument on these motions via a telephone conference on Thursday, January 24, 2019. Jeffrey McSherry represented the plaintiff and Jonathan Pressment and Ted Martin represented the defendant. Court reporter Joan Averdick recorded the proceedings.For the reasons stated on the record, the parties arguments are well taken, and the Court will take this matter under submission and issue a written opinion at a later date. (Court Reporter: Joan Averdick) (bjc) |
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Filing 57 Defendant's Third Unopposed Motion to Extend Stay of Discovery and Case Management Deadlines by Defendant InspireMD, Ltd. (Attachments: #1 Text of Proposed Order) (Martin, Ted) Modified Docket Text to Clarify on 8/9/2018 (km). |
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Set/Reset Cincinnati PPTO Deadlines: Per Order #56 , the deadlines contained in the Order of 3/9/2018 #41 are extended as follows: The dates by which expert witnesses shall be identified and furnish reports shall be extended for both parties until 10/29/2018, with a corresponding deadline of 12/3/2018 for rebuttal experts. All discovery to be completed by 1/7/2019. Any summary judgment motions shall be filed not later than 2/11/2019. (km) |
Filing 55 Unopposed MOTION for Extension of Time New date requested 8/13/2018. to Stay Discovery and Case Management Deadlines by Defendant InspireMD, Ltd.. (Attachments: #1 Text of Proposed Order To Extend) (Martin, Ted) |
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Set/Reset Cincinnati PPTO Deadlines: Per Order #54 , the deadlines contained in the Order of 3/9/2018 #41 are extended as follows: The dates by which expert witnesses shall be identified and furnish reports shall be extended for both parties until 9/24/2018, with a corresponding deadline of 10/29/2018 for rebuttal experts. All discovery to be completed by 12/5/2018. Any summary judgment motions shall be filed not later than 1/9/2019. (km) |
Filing 53 Unopposed MOTION to Stay re #41 Order on Motion to Stay,,,,,, Motion to Extend Stay of Discovery and Case Management Deadlines by Defendant InspireMD, Ltd.. (Attachments: #1 Text of Proposed Order) (Martin, Ted) |
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Filing 51 REPLY to Response to Motion re #44 MOTION for Order to Deny, pursuant to Rule 56(d), InspireMD's Motion for Summary Judgment or, in the alternative, to all sufficient discovery to be conducted prior considering InspireMD's Motion filed by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Filing 50 REPLY to Response to Motion re #45 MOTION for Order to Strike the Declaration of Jonathon Pressment filed by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Filing 49 RESPONSE in Opposition re #44 MOTION for Order to Deny, pursuant to Rule 56(d), InspireMD's Motion for Summary Judgment or, in the alternative, to all sufficient discovery to be conducted prior considering InspireMD's Motion filed by Counter Claimant InspireMD, Ltd., Defendant InspireMD, Ltd.. (Martin, Ted) |
Filing 48 RESPONSE in Opposition re #45 MOTION for Order to Strike the Declaration of Jonathon Pressment filed by Defendant InspireMD, Ltd.. (Attachments: #1 Affidavit Declaration of Jonathan Pressment, #2 Exhibit A to Declaration of Jonathan Pressment, #3 Exhibit B to Declaration of Jonathan Pressment, #4 Exhibit C to Declaration of Jonathan Pressment, #5 Exhibit D to Declaration of Jonathan Pressment, #6 Exhibit E to Declaration of Jonathan Pressment) (Martin, Ted) |
Filing 47 REPLY to Response to Motion re #35 MOTION for Summary Judgment As to Plaintiff's Affirmative Claims for Relief filed by Defendants InspireMD, Inc., InspireMD, Ltd.. (Martin, Ted) |
Filing 46 RESPONSE in Opposition re #35 MOTION for Summary Judgment As to Plaintiff's Affirmative Claims for Relief filed by Plaintiff Medpace, Inc.. (Attachments: #1 Exhibit John Wynne Declaration, #2 Exhibit Master Serivces Agreement, #3 Exhibit Task Order No. 1, #4 Exhibit Medpace Termination Notice to InspireMD, #5 Exhibit Deborah Schmalz Kern Declaration, #6 Exhibit Stephen Ewald Declaration, #7 Exhibit Medpace Notice of Termination to InspireMD) (McSherry, Jeffrey) |
Filing 45 MOTION for Order to Strike the Declaration of Jonathon Pressment by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Filing 44 MOTION for Order to Deny, pursuant to Rule 56(d), InspireMD's Motion for Summary Judgment or, in the alternative, to all sufficient discovery to be conducted prior considering InspireMD's Motion by Plaintiff Medpace, Inc.. (Attachments: #1 Exhibit Declaration of Jeffrey P. Mcsherry, #2 Exhibit InspireMD Initial Disclosures, #3 Exhibit InspireMD Responses and Objections to Interrogatories, #4 Exhibit InsprieMD Responses and Objections to Requests for Production, #5 Exhibit Subpoena to InspireMD, Inc., #6 Exhibit Subpoena to HCRI) (McSherry, Jeffrey) |
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Filing 42 MOTION for Extension of Time New date requested 3/21/2018. by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
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Set/Reset Cincinnati PPTO Deadlines: Plaintiff Primary Expert due by 8/24/2018. Plaintiff Rebuttal Expert due by 9/28/2018. Defendant Primary Expert due by 8/24/2018. Defendant Rebuttal Expert due by 9/28/2018. Discovery due by 11/5/2018. Dispositive Motions not directed to pleadings due by 12/8/2018. (km) |
Filing 40 REPLY to Response to Motion re #37 MOTION to Stay Discovery and All Case Management Deadlines filed by Defendant InspireMD, Ltd.. (Martin, Ted) |
Filing 39 RESPONSE in Opposition re #37 MOTION to Stay Discovery and All Case Management Deadlines filed by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Set/Reset Deadlines as to #37 MOTION to Stay Discovery and All Case Management Deadlines. Plaintiff's Responses due by 3/6/2018 at 12:00 PM. Defendant's Reply due by 3/8/2018 at 5:00 PM. (km) |
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Filing 38 MOTION to Expedite Briefing on Motion for a Stay by Defendant InspireMD, Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jonathan D. Pressment, Esq., #3 Exhibit A - Feb. 27 email, #4 Text of Proposed Order) (Martin, Ted) |
Filing 37 MOTION to Stay Discovery and All Case Management Deadlines by Defendant InspireMD, Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jonathon D. Pressmant, Esq., #3 Exhibit A - Second Amended Complaint, #4 Exhibit B - Answer and Counterclaims, #5 Exhibit C - Master Services Agreement, #6 Exhibit D - Task Order, #7 Exhibit E - MOL ISO Inspire SJ, #8 Exhibit F - Medpace First Set of Requests for Production of Docs, #9 Exhibit G - Medpace First Set of Interrogatories, #10 Exhibit H - Medpace Second Set of Requests for Docs, #11 Exhibit I - Medpace Second Set of Interrogatories, #12 Exhibit J - Medpace Depo Requests, #13 Exhibit K - Jan 10 Email, #14 Exhibit L - Inspire First Set of Requests for Production of Docs, #15 Exhibit M - Inspire First Requests for Interrogatories, #16 Exhibit N - Medpace Objections to Inspire First Set of Interrogatories, #17 Exhibit O - Medpace Objections to Inspire First Set of Requests for Docs, #18 Exhibit P - Medpace Suppl Objections to Inspire First Set of Interrogatories, #19 Exhibit Q - Jan 22 Email, #20 Exhibit R - Medpace Website, #21 Text of Proposed Order) (Martin, Ted) |
Filing 36 NOTICE by Defendant InspireMD, Ltd. re #35 MOTION for Summary Judgment As to Plaintiff's Affirmative Claims for Relief of Filing Signature Page regarding Memorandum in Support (Martin, Ted) |
Filing 35 MOTION for Summary Judgment As to Plaintiff's Affirmative Claims for Relief by Defendant InspireMD, Ltd.. (Attachments: #1 Memorandum In Support, #2 Declaration of Jonathan D. Pressment, Esq., #3 Exhibit A-Second Amended Complaint, #4 Exhibit B-Answer and Counterclaims, #5 Exhibit C-Reply to Counterclaims, #6 Exhibit D-Master Services Agreement, #7 Exhibit E-Task Order, #8 Exhibit F-Inspire Termination Notice, #9 Exhibit G-Medpace Letter, #10 Exhibit H-Rule 26(a) Disclosure, #11 Exhibit I-Objections and Responses Roggs, #12 Exhibit J-Objections and Responses Doc, #13 Exhibit K-Supp. Rogg Responses, #14 Text of Proposed Order) (Martin, Ted) |
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Filing 33 RULE 26(f) REPORT by Defendant InspireMD, Ltd.. (Martin, Ted) |
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Filing 31 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6212417) of William Feldman by Defendant InspireMD, Ltd.. (Attachments: #1 Exhibit A- Certificate of Good Standing) (Martin, Ted) |
Filing 30 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6212406) of Jonathan Pressment by Defendant InspireMD, Ltd.. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Martin, Ted) |
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Filing 28 ANSWER to #26 Answer to Amended Complaint,, Counterclaim, filed by All Plaintiffs. (McSherry, Jeffrey) |
Filing 27 STIPULATION Extending Time to Respond to Defendant's Counterlcaim by Counter Defendant Medpace, Inc.. (McSherry, Jeffrey) |
Reset Deadlines per doc. #27 : Medpace, Inc. answer due 10/20/2017. (eh) |
Filing 26 ANSWER to #20 Amended Complaint , COUNTERCLAIM against Medpace, Inc. filed by InspireMD, Ltd.. (Attachments: #1 Exhibit A-Master Service Agreement, #2 Exhibit B-Task Order, #3 Exhibit C-Wayback Machine, #4 Exhibit D-Termination Notice) (Martin, Ted) |
Filing 25 STIPULATION of Extension of Time to Reply, Move or Otherwise Plead in Response to Second Amended Complaint by Defendant InspireMD, Ltd.. (Martin, Ted) |
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Filing 23 REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE SECOND AMENDED COMPLAINT filed by Defendant InspireMD, Ltd.. (Martin, Ted) |
Filing 22 RESPONSE in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE SECOND AMENDED COMPLAINT filed by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THE SECOND AMENDED COMPLAINT by Defendant InspireMD, Ltd.. (Attachments: #1 MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT, #2 Text of Proposed Order) (Martin, Ted) |
Filing 20 SECOND AMENDED COMPLAINT with Jury Demand against InspireMD, Ltd., filed by Medpace, Inc.. (Attachments: #1 Exhibit contract, #2 Exhibit Notice of Termination) (McSherry, Jeffrey) Modified docket text on 6/6/2017 (eh). |
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Reset Deadlines: Second Amended Complaint due by 6/5/2017. (eh) |
Filing 18 REPLY to Response to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The First Amended Complaint filed by Defendant InspireMD, Ltd.. (Martin, Ted) |
Notice of Correction: Please disregard [FORMER DOC. 16] Response in Opposition to Motion - restricted at request of counsel for filing error. Counsel properly refiled as #17 Response in Opposition to Motion. (eh) |
Filing 17 RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The First Amended Complaint filed by Plaintiff Medpace, Inc.. (Attachments: #1 Exhibit Termination Notice) (McSherry, Jeffrey) |
Filing 16 [FORMER DOC. 16 - PLEASE DISREGARD. FILED IN ERROR.]RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The First Amended Complaint filed by Plaintiff Medpace, Inc.. (Attachments: #1 Exhibit Termination Notice) (McSherry, Jeffrey) Modified docket text and document security on 3/3/2017 (eh). |
Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM The First Amended Complaint by Defendant InspireMD, Ltd.. (Attachments: #1 Memorandum of Law In Support, #2 Text of Proposed Order) (Martin, Ted) |
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Filing 13 Unopposed MOTION for Extension of Time to File Answer New date requested 2/10/2017. by Defendant InspireMD, Ltd.. (Attachments: #1 Text of Proposed Order) (Martin, Ted) |
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Filing 10 WAIVER OF SERVICE Returned Executed. Waiver sent to InspireMD, Ltd. on 9/27/2016, answer due 12/27/2016. (McSherry, Jeffrey) |
Filing 9 Unopposed MOTION to Amend/Correct #7 Amended Complaint by Plaintiff Medpace, Inc.. Responses due by 10/21/2016 (McSherry, Jeffrey) |
Filing 8 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Medpace, Inc.. (McSherry, Jeffrey) |
Filing 7 FIRST AMENDED COMPLAINT FOR MONEY DAMAGES filed by Medpace, Inc. against InspireMD, Ltd. (Attachments: #1 Exhibit contract) (McSherry, Jeffrey) Modified docket text on 9/13/2016 (eh). |
Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant InspireMD, Inc.. Responses due by 10/3/2016 (Attachments: #1 Memorandum In Support, #2 Affidavit of Craig Shore, #3 Exhibit A to Declaration of Craig Shore, #4 Exhibit B to Declaration of Craig Shore, #5 Text of Proposed Order) (Martin, Ted) |
Filing 5 NOTICE of Appearance by Ted Thomas Martin for Defendant InspireMD, Inc. (Martin, Ted) |
Reset Deadlines per doc. #4 : InspireMD, Inc. answer due 9/7/2016. (eh) |
Filing 4 STIPULATION of Extension of Time to Reply, Move or Otherwise Plead in Response to Complaint by Defendant InspireMD, Inc., Plaintiff Medpace, Inc. (Martin, Ted) Modified to include plaintiff as filer on 8/16/2016 (eh). |
Filing 3 STATE COURT COMPLAINT against InspireMD, Inc., filed by Medpace, Inc. Filed in Hamilton County Court of Common Pleas as case number A1603929 on 7/12/2016. (jlw) |
If this case is referred, it will be to Magistrate Stephanie K. Bowman. (jlw) |
Filing 2 Corporate Disclosure Statement by Defendant InspireMD, Inc.. (Martin, Ted) |
Filing 1 NOTICE OF REMOVAL from Hamilton County Court of Common Pleas, case number A1603929 ( Filing fee $ 400 paid - receipt number: 0648-5609427), filed by InspireMD, Inc.. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Classification Form, #3 Exhibit C-Written Request for Service, #4 Exhibit D-Summons, #5 Exhibit E-Summons, #6 Exhibit F-Service Return, #7 Exhibit G-Entry, #8 Exhibit H-Notice of Filing, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet) (Martin, Ted) |
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