Paul v. Biotronik, Inc.
| Christina Paul |
| Biotronik Inc |
| Rory Carmichael |
| 3:2020cv00401 |
| March 11, 2020 |
| US District Court for the District of Oregon |
| Youlee Yim You |
| Civil Rights: Employment |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 54 Answer to Complaint and Affirmative Defenses. Filed by Biotronik Inc. (Kormondy, Alisha) |
| Filing 55 MINUTES of Proceedings: Telephonic Rule 16 Conference held on 4/30/2020. Deadline to amend pleadings and join parties is 9/4/2020. Fact Discovery deadline is stayed until 7/1/2020. Joint Alternate Dispute Resolution Report is due by 8/13/2020. Plaintiff's disclosure of expert witnesses are due 10/1/2020. Defendant's disclosure of expert witnesses are due 11/1/2020. Expert discovery to be completed by 12/31/2020. Dispositive motions, if any, are due 2/16/2021. Pending full consent, a jury trial will be set at a later date. For information regarding the role of magistrate judges and consenting to magistrate jurisdiction, see https://ord.uscourts.gov/consent. Any discovery matters will be handled on an informal basis. Unless otherwise ordered, in the event a discovery motion is filed, no written response to the motion will be required. Judge You does not require a paper judge's copy pursuant to LR 5-9 for filings that are submitted to her for consideration. Craig Crispin and Robert Aranda present as counsel for plaintiff. Todd Hanchett and Alisha Kormondy present as counsel for defendant. Court Reporter: None. Magistrate Judge Youlee Yim You presiding. ( (pvh) |
| Filing 53 Stipulated Proposed Joint Case Management Schedule . Filed by Biotronik Inc. (Hanchett, Todd) |
| Filing 52 Clerk's Notice of Mailing to Attorney Michael R. Carey Order on motion to withdraw/substitute attorney 51 . (pvh) |
Filing 51
ORDER: Granting Rory Carmichael's Motion (Request) for Removal from Service List and Request to Stop Electronic Notices #50 . Attorney Michael R. Carey is hereby withdrawn from this case. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 50 Motion (Request) for Removal from Service List and Request to Stop Electronic Notices. Filed by Rory Carmichael. (ecp) |
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Filing 49
Scheduling Order: SETTING a Telephonic Rule 16 Conference for Thursday, 4/30/2020 at 09:30AM before Magistrate Judge Youlee Yim You. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 48
Notice of Case Assignment to Magistrate Judge Youlee Yim You and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/24/2020. Joint Alternate Dispute Resolution Report is due by 9/21/2020. Ordered by Magistrate Judge Youlee Yim You. (joha)
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| Filing 47 Notice of Appearance of Alisha L. Kormondy appearing on behalf of Biotronik Inc Filed by on behalf of Biotronik Inc. (Kormondy, Alisha) |
| Filing 46 Notice of Attorney Withdrawal: Joshua C. Webb Filed by Biotronik Inc. (Hanchett, Todd) |
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Filing 45
ORDER: Motion for Leave to Appear Pro Hac Vice #43 , for Attorney Robert Aranda is granted. Agency Tracking ID: AORDC-6507566. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 44
ORDER: Motion for Leave to Appear Pro Hac Vice #42 , for Attorney Elliott V. Mitchell is granted. Agency Tracking ID: AORDC-6507541. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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| Filing 43 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney(s) Robert Aranda Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6507566. Filed by Christina Paul. (Crispin, Craig) |
| Filing 42 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney(s) Elliott V. Mitchell Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6507541. Filed by Christina Paul. (Crispin, Craig) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney(s) Elliott V. Mitchell Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6507541 #42 : Reviewed and Ready for Ruling. (ecp) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney(s) Robert Aranda Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6507566 #43 : Reviewed and Ready for Ruling. (ecp) |
| Filing 41 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (eo) |
| Filing 40 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Middle District of Florida. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer #39 . (eo) |
| Filing 39 Case transferred in from District of Florida Middle; Case Number 8:19-cv-02840. Electronic file received. |
| Filing 38 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: Evidentiary Hearing held on 3/11/2020. Court Reporter: Scott N. Gamertsfelder (SKP) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 37
ENDORSED ORDER: On March 10, 2020, the Court held an evidentiary hearing on the motion to transfer or dismiss (Doc. #10 ), during which the parties stipulated that transfer to the District of Oregon, Portland Division, was appropriate. Based on the parties' consent, as well as the arguments and evidence presented at the hearing, the Court grants the motion to transfer or dismiss and transfers this matter to the Portland Division of the District of Oregon. The Clerk is directed to transfer the case and, after transfer is complete, to close the case. Signed by Judge Virginia M. Hernandez Covington on 3/10/2020. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 36 NOTICE of hearing: Evidentiary Hearing set for 3/10/2020 at 3:00 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 35
ENDORSED ORDER denying as moot #32 Motion for Protective Order. The Court entered an 33 ENDORSED ORDER granting the unopposed motion to continue the January 30 evidentiary hearing. Signed by Magistrate Judge Sean P. Flynn on 1/29/2020. (Flynn, Sean) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 34 NOTICE canceling Evidentiary Hearing hearing scheduled for 1/30/2020. (TWL) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 33
ENDORSED ORDER granting the unopposed motion to continue the January 30 evidentiary hearing. (Doc. #30 ). However, the Court advises the parties that it does not have availability to hold the evidentiary hearing until approximately two months from now. The Clerk will reschedule the evidentiary hearing via separate notice. Signed by Judge Virginia M. Hernandez Covington on 1/29/2020. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 32 MOTION for protective order by Rory Carmichael. (Attachments: #1 Exhibit A)(Carey, Michael) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from Florida Middle on 3/11/2020.] |
| Filing 31 NOTICE by Christina Paul re #30 MOTION to Continue Evidentiary Hearing on Motion to Transfer or Dismiss of Filing Amended Notice of Certification of Compliance with Rule 3.01. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 30 MOTION to Continue Evidentiary Hearing on Motion to Transfer or Dismiss by Christina Paul. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 29 Exhibit List and Witness List by Christina Paul. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 28 Exhibit List and Witness List by Biotronik, Inc. (Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 27 NOTICE of hearing: Evidentiary Hearing set for 1/30/2020 at 3:00 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 26
ENDORSED ORDER: The Clerk is directed to schedule an evidentiary hearing on the motion to transfer or dismiss (Doc. #10 ) for January 30, 2020, at 3pm. The parties must come prepared to present testimony, including the testimony of Plaintiff Christina Paul, and other evidence regarding the authenticity of the employment agreement. The parties should file on the docket their witness lists and exhibit lists by January 27, 2020. Finally, the parties should come prepared to discuss the conflicting forum selection clauses contained in the employment agreement and the proper construction of such clauses under the relevant state law contract construction principles. Signed by Judge Virginia M. Hernandez Covington on 1/14/2020. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 25 REPLY to Response to Motion re #10 MOTION to transfer case or Dismiss filed by Biotronik, Inc. (Attachments: #1 Affidavit Declaration of Richard Frazier)(Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 24
ENDORSED ORDER: Biotronik is directed to file a reply in support of its motion to transfer or dismiss (Doc. #10 ) by January 9, 2020. Reply not to exceed 10 pages. Signed by Judge Virginia M. Hernandez Covington on 12/26/2019. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 23 NOTICE of compliance by Biotronik, Inc. (Hanchett, Todd) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 22 DECLARATION of Joshua C. Webb re #10 MOTION to transfer case or Dismiss by Biotronik, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 21 MEMORANDUM in opposition re #10 Motion to transfer case filed by Christina Paul. (Attachments: #1 Declaration of Christina Paul)(Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Christina Paul. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 19
ENDORSED ORDER granting the motion for extension of time to respond to the motion to transfer. (Doc. #17 ). Response now due December 20, 2019. Signed by Judge Virginia M. Hernandez Covington on 12/9/2019. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 18 NOTICE by Christina Paul re #17 MOTION for Extension of Time to File Response/Reply to Biotronik's Motion to Transfer or Dismiss of Filing Certificate of Non-Objection Pursuant to Rule 3.01. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 17 MOTION for Extension of Time to File Response/Reply to Biotronik's Motion to Transfer or Dismiss by Christina Paul. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 16 CASE MANAGEMENT REPORT. (Aranda, Robert) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 15
ENDORSED ORDER granting #14 motion to appear pro hac vice. Attorney Todd A. Hanchett may appear pro hac vice on behalf of Defendant, with Attorney Joshua C. Webb designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing requirement and file a notice of compliance with said requirement. Signed by Magistrate Judge Sean P. Flynn on 12/2/2019. (CKR) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 14 Unopposed MOTION for Todd A. Hanchett to appear pro hac vice by Biotronik, Inc. (Attachments: #1 Exhibit A)(Webb, Joshua) Motions referred to Magistrate Judge Sean P. Flynn. [Transferred from Florida Middle on 3/11/2020.] |
| Filing 13 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Biotronik, Inc. Related case(s): Yes (Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| ***PRO HAC VICE FEES paid by attorney Todd A. Hanchett, appearing on behalf of Biotronik, Inc. (Filing fee $150 receipt number TPA059087.). (ARC) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 12
ENDORSED ORDER: Defendant Biotronik has filed its motion to transfer or dismiss twice on the docket. (Doc. #9 ; Doc. #10 ). In light of the refiled motion (Doc. #10 ), the original motion to transfer or dismiss (Doc. #9 ) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 11/26/2019. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Biotronik, Inc. (Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 10 MOTION to transfer case or Dismiss by Biotronik, Inc. (Attachments: #1 Affidavit)(Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 9 MOTION to transfer case or Dismiss by Biotronik, Inc. (Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 8 NOTICE by Biotronik, Inc. re #7 Notice of Removal of Filing Declaration of Todd A. Hanchett in Support of Second Amended Notice of Removal. (Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 7 COMPLAINT and NOTICE OF REMOVAL SECOND AMENDED from Polk County Circuit Court, case number 2019-CA-004258 filed in State Court on 10/16/19. filed by Biotronik, Inc.. (Attachments: #1 Exhibit State court docket sheet, #2 Exhibit State court complaint, #3 Exhibit State court record)(Webb, Joshua) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 6 COMPLAINT and NOTICE OF REMOVAL (AMENDED) from Polk County Circuit Court, case number 2019-CA-004258 filed in State Court on 10/16/19. filed by Biotronik, Inc. (Attachments: #1 Exhibit State court docket sheet, #2 Exhibit State court complaint, #3 Exhibit State court record)(Webb, Joshua) Modified on 12/4/2019 (AG). [Transferred from Florida Middle on 3/11/2020.] |
| Filing 5 NOTICE to counsel Todd A. Hanchett of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (WCD) [Transferred from Florida Middle on 3/11/2020.] |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 11/19/2019. (TWL) [Transferred from Florida Middle on 3/11/2020.]
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 2, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 11/19/2019. (DMD) [Transferred from Florida Middle on 3/11/2020.]
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-2840-T-33SPF. (SJB) [Transferred from Florida Middle on 3/11/2020.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Circuit Court, case number 2019-CA-004258 filed in State Court on 10/16/19. Filing fee $ 400, receipt number 113A-16156382 filed by Biotronik, Inc. (Attachments: #1 Exhibit State court docket sheet, #2 Exhibit State court complaint, #3 Exhibit State court record, #4 Civil Cover Sheet)(Webb, Joshua) Modified on 11/19/2019 (WCD). [Transferred from Florida Middle on 3/11/2020.] |
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