First Choice Prosthetic & Orthopedic Service, Inc. v. Conmed Corporation
Plaintiff: First Choice Prosthetic & Orthopedic Service, Inc.
Defendant: Conmed Corporation
Case Number: 3:2022cv01235
Filed: May 22, 2022
Court: US District Court for the District of Puerto Rico
Presiding Judge: Raul M Arias-Marxuach
Referring Judge: Pedro A Delgado-Hernandez
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 9 U.S.C. § 9 Motion to Confirm Arbitration Loan
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2022 Filing 26 JUDGMENT is entered DISMISSING this action WITHOUT PREJUDICE in its entirety. Signed by Judge Raul M. Arias-Marxuach on 7/11/2022. (mrr)
July 11, 2022 Opinion or Order Filing 25 ORDER granting #24 Notice of Voluntary Dismissal. Judgment of dismissal without prejudice shall be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 7/11/2022. (mrr)
July 10, 2022 Filing 24 NOTICE of Voluntary Dismissal Without Prejudice under Rule 41(a)(1)(A)(i) by First Choice Prosthetic & Orthopedic Service, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Melendez-Albizu, Luis)
June 24, 2022 Opinion or Order Filing 23 ORDER holding in abeyance #5 Motion to Expedite; granting #12 Motion for Extension of Time. Defendant Conmed Corporation shall plead or otherwise defend and respond to the motion at CM/ECF #5 by July 11, 2022 ; denying #14 Motion for Entry of Default. First extensions of time to plead or otherwise defend are generally granted in this District. See Local Civil Rule 6; finding as moot #17 Motion to Strike, in light of the Order granting defendant an extension of time to plead or otherwise defend. Signed by Judge Raul M. Arias-Marxuach on 6/24/2022. (mrr)
June 22, 2022 Filing 22 NOTICE of Appearance by John G Powers on behalf of Conmed Corporation (Powers, John)
June 22, 2022 Filing 21 NOTICE TO PRO HAC VICE John Powers re: 20 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim)
June 21, 2022 Opinion or Order Filing 20 ORDER granting #19 Motion to Appear PHV. Attorney John G. Powers admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 6/21/2022. (mrr)
June 15, 2022 Filing 19 Motion to allow John Powers to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7797935) filed by Manuel A. Pietrantoni on behalf of Conmed Corporation Responses due by 6/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Pietrantoni, Manuel)
June 14, 2022 Filing 18 MEMORANDUM in Opposition Opposition to Conmed's Motion to Strike (Dkt. No. 17) filed by First Choice Prosthetic & Orthopedic Service, Inc. Re: #17 MOTION to Strike and RESPONSE to Motion Re: #14 Memorandum in Opposition,, filed by First Choice Prosthetic & Orthopedic Service, Inc. filed by Conmed Corporation filed by First Choice Prosthetic & Orthopedic Service, Inc.. (Melendez-Albizu, Luis)
June 14, 2022 Filing 17 MOTION to Strike and RESPONSE to Motion Re: #14 Memorandum in Opposition and MOTION for Entry of Default as to Conmed Corporation, filed by First Choice Prosthetic & Orthopedic Service, Inc.; filed by Manuel A. Pietrantoni on behalf of Conmed Corporation. Responses due by 6/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #14 ) (Pietrantoni, Manuel) Modified docket text on 6/14/2022 (rim).
June 13, 2022 Opinion or Order Filing 16 MEMORANDUM OF THE CLERK: Pursuant to the Order of Recusal entered by Judge Pedro A. Delgado Hernandez (Docket No. 15), this case has been randomly reassigned to Judge Raul M. Arias-Marxuach. Signed by Clerk on 6/13/2022.(mr)
June 13, 2022 Opinion or Order Filing 15 ORDER OF RECUSAL: The undersigned hereby disqualifies himself from presiding over this matter. The Clerk of the Court shall randomly reassign this case to another U.S. District Judge. Signed by Judge Pedro A. Delgado-Hernandez on 6/13/2022. (LM)
June 13, 2022 Filing 14 MEMORANDUM in Opposition and Cross MOTION for Default Entry as to Conmed Corporation filed by First Choice Prosthetic & Orthopedic Service, Inc. Re: #5 MOTION to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award filed by First Choice Prosthetic & Orthopedic Service, Inc. #12 MOTION for Extension of Time until July 11, 2022 to File Answer or Otherwise Respond to the Amended Petition. Responses due by 6/27/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Melendez-Albizu, Luis) Modified to correct docket relationship, event and add response deadline on 6/14/2022 (rim).
June 13, 2022 Filing 13 SUMMONS Returned Executed Motion Certifying Service of Process on Respondent as per Fed. R. Civ. P. 5(a)(1) by First Choice Prosthetic & Orthopedic Service, Inc. upon Conmed Corporation served on 5/23/2022, answer due 6/13/2022., AFFIDAVIT of Service by First Choice Prosthetic & Orthopedic Service, Inc. upon Conmed Corporation served on 5/23/2022, answer due 6/13/2022. (Attachments: #1 Exhibit Exh. 1 - Conmed Annual Report, #2 Exhibit Exh. 2 - Executed Summons, #3 Exhibit Exh. 3 - Affidavit) (Melendez-Albizu, Luis) Modified on 6/13/2022 to replace capital letters (mcm).
June 10, 2022 Filing 12 MOTION for Extension of Time until July 11, 2022 to File Answer or Otherwise Respond to the Amended Petition re: #6 Amended Complaint,,,, filed by First Choice Prosthetic & Orthopedic Service, Inc. filed by Manuel A. Pietrantoni on behalf of Conmed Corporation Responses due by 6/24/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #6 ) (Pietrantoni, Manuel)
June 10, 2022 Filing 11 Special Appearance and RESPONSE to Motion to Shorten Conmed's Time to Answer filed by Conmed Corporation Re: #5 MOTION to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award filed by First Choice Prosthetic & Orthopedic Service, Inc. filed by Conmed Corporation. (Attachments: #1 Exhibit Declaration - John G. Powers, #2 Exhibit Exhibit A to JGP Declaration, #3 Exhibit Exhibit B to JGP Declaration, #4 Exhibit Exhibit C to JGP Declaration, #5 Exhibit Exhibit D to JGP Declaration, #6 Exhibit Exhibit E to JGP Declaration, #7 Exhibit Exhibit F to JGP Declaration)(Pietrantoni, Manuel) Modified on 6/13/2022 to edit docket's event title (mcm).
May 27, 2022 Filing 10 SUMMONS Issued as to Conmed Corporation. (Attachments: #1 Summons) (vdm)
May 27, 2022 Opinion or Order Filing 9 ORDER: Granting #7 "Motion for Order to Issue New Summons in Order to Serve the Amended Petition." Signed by Judge Pedro A. Delgado-Hernandez on 5/27/2022. (LM)
May 27, 2022 Opinion or Order Filing 8 ORDER re: #5 "Motion to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award." Respondent shall respond not later than June 10, 2022. Signed by Judge Pedro A. Delgado-Hernandez on 5/27/2022.(LM)
May 27, 2022 Filing 7 MOTION for Issuance of New Summons in Order to Serve the Amended Petition as to Conmed Corporation filed by Luis A. Melendez-Albizu on behalf of First Choice Prosthetic & Orthopedic Service, Inc. Responses due by 6/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons New Summons to Serve the Amended Petition)(Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm).
May 27, 2022 Filing 6 AMENDED COMPLAINT Amended Petition to Confirm Arbitration Order Regarding Choice of Law and Final Arbitration Award and for Declaratory Judgment against Conmed Corporation, filed by First Choice Prosthetic & Orthopedic Service, Inc.. (Attachments: #1 Exhibit Exh. 1 - 2014 SAL, #2 Exhibit Exh. 2 - 2019 SAL, #3 Exhibit Exh. 3 - Conmed International Terms and Conditions of Sales, #4 Exhibit Exh. 4 - Conmed Demand for Arbitration, #5 Exhibit Exh. 5 - First Choice Response to Demanda for Arbitration, #6 Exhibit Exh. 6 - AAA Letters appointing and confirming Arbitrator and Oath Form, #7 Exhibit Exh. 7 - Arbitrator April 14, 2021 Scheduling Order No. 1, #8 Exhibit Exh. 8 - Arbitrator's June 30, 2021 Order Regarding Choice of Law, #9 Exhibit Exh. 9 - Arbitrator's Nov. 10, 2021 Final Award, #10 Exhibit Exh. 10 - Conmed April 1, 2022 email on full payment of owed debt, #11 Exhibit Exh. 11 - Notice of Motion, Memo of Law and Affidavit in Support filed with the New York Case, #12 Exhibit Exh. 12 - Reply Brief filed by First Choice with the New York Case)(Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm).
May 26, 2022 Filing 5 MOTION to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award filed by Luis A. Melendez-Albizu on behalf of First Choice Prosthetic & Orthopedic Service, Inc. Responses due by 6/9/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm).
May 26, 2022 Filing 4 SUMMONS Returned Executed by First Choice Prosthetic & Orthopedic Service, Inc. upon Conmed Corporation served on 5/24/2022, answer due 6/14/2022. (Attachments: #1 Exhibit Summons executed with certificate of service and affidavit) (Melendez-Albizu, Luis) Modified on 5/27/2022 to correct event title (mcm).
May 23, 2022 Filing 3 Summons Issued as to Conmed Corporation (Attachments: #1 Summons) (arg)
May 23, 2022 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg)
May 22, 2022 Filing 1 COMPLAINT Petition to Confirm Order and Final Arbitration Award and for Declaratory Judgment against Conmed Corporation ( Filing fee $402 receipt number APRDC-7764782.), filed by First Choice Prosthetic & Orthopedic Service, Inc.. Service due by 8/22/2022, (Attachments: #1 Exhibit Exh. 1 - 2014 SAL, #2 Exhibit Exh. 2 - 2019 SAL, #3 Exhibit Exh. 3 - Conmed International Terms and Conditions of Sales, #4 Exhibit Exh. 4 - Conmed Demand for Arbitration, #5 Exhibit Exh. 5 - First Choice Response to Demanda for Arbitration, #6 Exhibit Exh. 6 - AAA Letters appointing and confirming Arbitrator and Oath Form, #7 Exhibit Exh. 7 - Arbitrator April 14, 2021 Scheduling Order No. 1, #8 Exhibit Exh. 8 - Arbitrator's June 30, 2021 Order Regarding Choice of Law, #9 Exhibit Exh. 9 - Arbitrator's Nov. 10, 2021 Final Award, #10 Exhibit Exh. 10 - Conmed April 1, 2022 email on full payment of owed debt, #11 Exhibit Exh. 11 - Notice of Motion, Memo of Law and Affidavit in Support filed with the New York Case, #12 Category Sheet Category Sheet, #13 Civil Cover Sheet Civil Cover Sheet, #14 Summons Summons)(Melendez-Albizu, Luis)

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Plaintiff: First Choice Prosthetic & Orthopedic Service, Inc.
Represented By: Luis A. Melendez-Albizu
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Defendant: Conmed Corporation
Represented By: John G Powers
Represented By: Manuel A. Pietrantoni
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