ELSMED LTD. v. XODUS MEDICAL INC.
Plaintiff: ELSMED LTD.
Defendant: XODUS MEDICAL INC.
Counter-Claimant: XODUS MEDICAL INC.
Counter-Defendant: ELSMED LTD.
Case Number: 2:2024cv00804
Filed: June 3, 2024
Court: U.S. District Court for the Western District of Pennsylvania
Presiding Judge: Christy Criswell Wiegand
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2024 Filing 14 Stipulation for Extension of Time to Answer by ELSMED LTD. Answer due from ELSMED LTD. on 8/23/2024. (Rosner, Joel)
July 17, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #13 Answer to Complaint, Counterclaim. ERROR: Document not linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (kss)
July 16, 2024 Filing 13 ANSWER to Complaint, Affirmative Defenses, re #1 COMPLAINT, COUNTERCLAIM against ELSMED LTD. by XODUS MEDICAL INC. (Attachments: #1 Exhibit A) (DePaul, Louis) Modified text on 7/17/2024 to add document linkage. (kss)
June 26, 2024 Filing 12 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by XODUS MEDICAL INC. (DePaul, Louis)
June 26, 2024 Filing 11 Disclosure Statement identifying None as corporate parent or other affiliate by XODUS MEDICAL INC. (DePaul, Louis)
June 26, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #11 Disclosure Statement. ERROR: Party did not file disclosure statement identifying citizenship as required pursuant to FRCvP 7.1(a)(2). CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 7/3/2024. (kss)
June 20, 2024 Filing 10 Stipulation for Extension of Time to Answer by XODUS MEDICAL INC. Answer due from XODUS MEDICAL INC. on 7/16/2024. (DePaul, Louis)
June 20, 2024 Filing 9 SUMMONS/Return of Service Returned Executed by ELSMED LTD. XODUS MEDICAL INC. served on 6/11/2024, answer due 7/2/2024. (Rosner, Joel)
June 20, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #7 Notice of Appearance, #8 Notice of Appearance. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to both LR 7.1.A and FRCvP 7.1(a)(2). CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 6/27/2024. (kss)
June 19, 2024 Filing 8 NOTICE of Appearance by Eric Brill on behalf of XODUS MEDICAL INC. (Brill, Eric)
June 19, 2024 Filing 7 NOTICE of Appearance by Louis A. DePaul on behalf of XODUS MEDICAL INC. (DePaul, Louis)
June 5, 2024 Filing 6 MICROSOFT TEAMS AUDIO CONFERENCING SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via a Microsoft Teams Audio Conferencing call-in number which requires participants to dial-in and provide a conference ID. When a Telephonic Conference is scheduled, you will be instructed to refer back to this notice. This document has a security setting of Case Participants Only, so only those individuals will have access to view the document. (drc)
June 5, 2024 Opinion or Order Filing 5 ORDER re Federal Rule of Civil Procedure 12(b) Motions to Dismiss as more fully stated in said order. Signed by Judge Christy Criswell Wiegand on 6/05/2024. (drc)
June 5, 2024 Filing 4 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff shall make service of the notice on all parties. (drc)
June 4, 2024 Filing 3 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by ELSMED LTD. (Rosner, Joel)
June 4, 2024 Filing 2 Summons Issued as to XODUS MEDICAL INC. (kss)
June 4, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #3 Disclosure Statement. ERROR: Attorney signature missing required information (Pennsylvania or other state bar identification number). CORRECTION: Attorney directed to comply with requirements of LCvR 5.2(B) in all future filings. This message is for informational purposes only. (kss)
June 4, 2024 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 COMPLAINT. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to both LR 7.1.A and FRCvP 7.1(a)(2). CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 6/11/2024. (kss)
June 4, 2024 Chief Judge Mark R. Hornak no longer assigned to case. (kss)
June 3, 2024 Chief Judge Mark R. Hornak added. (kss)
June 3, 2024 Judge Christy Criswell Wiegand added. (kss)
June 3, 2024 Filing 1 COMPLAINT against XODUS MEDICAL INC (Filing fee, including Administrative fee, $405, receipt number BPAWDC-8293968), filed by Elsmed Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Summons) (Rosner, Joel)

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Defendant: XODUS MEDICAL INC.
Represented By: Louis A. DePaul
Represented By: Eric Brill
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Counter-claimant: XODUS MEDICAL INC.
Represented By: Louis A. DePaul
Represented By: Eric Brill
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Counter-defendant: ELSMED LTD.
Represented By: Joel H Rosner
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Plaintiff: ELSMED LTD.
Represented By: Joel H Rosner
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