Smith & Nephew, Inc. v. Stryker Sales, LLC et al
| Smith + Nephew, Inc. and Smith & Nephew Inc. |
| STRYKER SALES, LLC, Connor Hopkins, Christian Slater and Stryker Employment Company LLC |
| Jamita Swearengen |
| 2:2023cv02344 |
| June 1, 2023 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Sheryl H Lipman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 48
SETTING LETTER: A JURY TRIAL has been SET before Chief Judge Sheryl H. Lipman for TUESDAY, MAY 28, 2024 at 9:30 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. A PRETRIAL CONFERENCE will be held on FRIDAY, MAY 17, 2024 at 11:00 A.M. in Courtroom No. 1, 11th floor of the Federal Building, Memphis, Tennessee. A PROPOSED JOINT PRETRIAL ORDER must be furnished to the Court by MAY 10, 2024. PLEASE SEE ATTACHED PRETRIAL PROCEDURES. (mmm)
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Filing 45
SCHEDULING ORDER. Signed by Chief Judge Sheryl H. Lipman on 7/28/2023. (shl)
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Filing 47
Exhibit and Witness List for Preliminary Injunction Hearing held on 7/27/2023. (mmm)
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Filing 46
Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: Preliminary Injunction Hearing and Scheduling Conference held on 7/27/2023. Clarence Wilbon, James Fox, Jr. and Chelsea Lu appeared for the Plaintiff. Whitney Dowdy, Ryan Strain, Kevin Mahoney and Michael Wexler appeared for the Defendants. Preliminary Injunction Hearing - Opening statements given by counsel. Plaintiff's proof/sworn witnesses - Scott Curtis: Exh. 1; and Michael Mohoric: Exh. 2. Plaintiff rested. Defense proof/sworn witnesses: Connor Hopkins: Exhs. 3-7; and Christian Slater: Exhs. 8-10. Defendants rested. Arguments to be submitted in writing. Plaintiff's arguments due by 8/4/2023. Defendants' arguments due by 8/14/2023. Plaintiff's reply arguments due by 8/18/2023. The Court will issue a written ruling. Scheduling Conference - Jury Trial set for Tuesday, 5/28/2024 at 9:30 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Trial is estimated to last 3 days. Pretrial Conference set for Friday, 5/17/2024 at 11:00 AM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. Proposed Joint Pretrial Order due by 5/10/2024. Scheduling Order to be entered. (Court Reporter: Candace Covey (mmm)
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Filing 44
REPORT of Rule 26(f) Planning Meeting . (Mahoney, Kevin)
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Filing 43
Corporate Disclosure Statement by Smith & Nephew Inc.. (Wilbon, Clarence)
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Filing 42
Corporate Disclosure Statement by Stryker Employment Company LLC identifying Corporate Parent Stryker Corporation for Stryker Employment Company LLC.. (Mahoney, Kevin)
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Filing 41
ORDER granting #36 AGREED MOTION FOR ENTRY OF PROTECTIVE ORDER. Signed by Chief Judge Sheryl H. Lipman on 6/28/2023. (shl)
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Filing 40
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #36 MOTION for Protective Order filed by Smith & Nephew Inc. has been filed. For future reference, please note : Filer failed to indicate in docket text "Proposed Order Submitted" as required by local rules. If no order previously emailed to chambers, please do so upon receipt of this notice. Proposed orders are not to be published on the docket. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
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Filing 39
ANSWER to Complaint with Jury Demand and Affirmative Defenses by Connor Hopkins.(Mahoney, Kevin)
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Filing 38
ANSWER to Complaint with Jury Demand and Affirmative Defenses by Christian Slater.(Mahoney, Kevin)
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Filing 37
ANSWER to Complaint with Jury Demand and Affirmative Defenses by Stryker Employment Company LLC.(Mahoney, Kevin)
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Filing 36
MOTION for Protective Order by All Plaintiffs. (Attachments: #1 Exhibit 1)(Wilbon, Clarence)
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Filing 35
TEXT ONLY ORDER GRANTING #34 Motion for Leave to Appear Pro Hac Vice as to Chelsea Lu. Signed by Chief Judge Sheryl H. Lipman on 6/22/2023. (shl)
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Filing 34
MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Fee $150.00 - Rec # BTNWDC 4164627 ) by Smith & Nephew Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit)(Lu, Chelsea) Modified on 6/22/2023 to include receipt number (jae).
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Filing 33
NOTICE of Appearance by Michael Dale Wexler on behalf of All Defendants (Wexler, Michael)
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Filing 32
ORDER granting #27 DEFENDANTS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME IN WHICH TO RESPOND TO PLAINTIFFS COMPLAINT. Signed by Chief Judge Sheryl H. Lipman on 6/21/2023. (shl)
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Filing 31
ORDER granting #29 PARTIES' AGREED MOTION FOR SUBSTITUTION OF PARTY DEFENDANT. Signed by Chief Judge Sheryl H. Lipman on 6/21/2023. (shl)
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Filing 30
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #28 MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Fee paid as part of previous filing) filed by Smith & Nephew Inc. has been filed. However, the following deficiency has been found: After contact with the Supreme Court of Texas, certificates of good standing are issued by that court and our Local Rules require a certificate from the highest court of the state in which you are licensed to practice, not the local bar association. This motion will be termed pending resubmission with the correct certificates (please include both certificates with the resubmitted motion). Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 29
MOTION to Substitute Party (proposed order submitted) by Smith & Nephew Inc.. (Wilbon, Clarence)
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Filing 28
MOTION for Leave to Appear Pro Hac Vice (proposed order submitted) (Filing fee $150 paid, receipt ATNWDC-4168865) by Smith & Nephew Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Lu, Chelsea) Receipt information added on 6/20/2023 (cbs).
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Filing 27
Consent MOTION for Extension of Time to File Answer Proposed Order Submitted by All Defendants. (Mahoney, Kevin)
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Filing 26
SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure AND PRELIMINARY INJUNCTION HEARING has been SET for THURSDAY, JULY 27, 2023 at 11:00 A.M. before Chief Judge Sheryl H. Lipman in Courtroom No. 1, on the 11th floor of the Federal Building, Memphis, Tennessee.PLEASE REVIEW THE ATTACHED INSTRUCTIONS.(mmm)
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Filing 25
NOTICE OF CANCELLATION: THE SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure that was SET on WEDNESDAY, JUNE 28, 2023 at 11:00 A.M. before Chief Judge Sheryl H. Lipman IS CANCELLED. The Scheduling Conference will now take place on THURSDAY, JULY 27, 2023 AT 11:00 A.M. ALONG WITH THE PRELIMINARY INJUNCTION HEARING. (mmm)
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Filing 24
INITIAL SCHEDULING ORDER. Signed by Chief Judge Sheryl H. Lipman on 6/16/2023. (shl)
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Filing 23
STIPULATION Joint Statement Regarding Expedited Discovery and Preliminary Injunction Scheduling by Connor Hopkins, Christian Slater, Stryker Sales, LLC. (Mahoney, Kevin)
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Filing 22
ORDER DIRECTING PARTIES TO PROVIDE JOINT EXPEDITED DISCOVERY SCHEDULE AND PROPOSED DATES FOR PRELIMINARY INJUNCTION HEARING. Signed by Chief Judge Sheryl H. Lipman on 6/14/2023. (shl)
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Filing 21
ORDER granting #8 DEFENDANTS' MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Sheryl H. Lipman on 6/13/2023. (shl)
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Filing 20
NOTICE of Appearance by James Bennett Fox, Jr on behalf of Smith & Nephew Inc. (Fox, James)
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Filing 19
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #18 MOTION for Leave to Appear Pro Hac Vice for Chelsea J. Lu (Filing fee $ 150 receipt number BTNWDC-4164627) filed by Smith & Nephew Inc. has been filed. However, the following deficiency has been found : Attorneys are required to file their own PHV motion. Please review the instructions on our website for admission pro hac vice. Attorneys must also submit two certificates of good standing as listed in the instructions. This motion will be termed pending correct filing. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae)
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Filing 18
MOTION for Leave to Appear Pro Hac Vice for Chelsea J. Lu (Filing fee $ 150 receipt number BTNWDC-4164627) (Proposed Order Submitted) by Smith & Nephew Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit)(Wilbon, Clarence) Modified on 6/12/2023 (McDaniel, Aaron).
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Filing 17
RESPONSE in Opposition re #8 MOTION to Dissolve Temporary Restraining Order filed by Smith & Nephew Inc.. (Attachments: #1 Attachment 1, #2 Attachment 1A, #3 Attachment 1B, #4 Attachment 1C)(Wilbon, Clarence)
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Filing 16
RESPONSE in Support re #8 MOTION to Dissolve Temporary Restraining Order filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mahoney, Kevin)
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Filing 15
Minute Entry for proceedings held before Chief Judge Sheryl H. Lipman: A Motion Hearing was held on 6/6/2023 re #8 Defendant's Motion to Dissolve Temporary Restraining Order. Clarence A. Wilbon and James Bennett Fox, Jr. appeared for the Plaintiff. Kevin J. Mahoney, and Ryan Strain appeared for the Defendant. Motion discussed and arguments heard. By close of business on Thursday, June 7, 2023, any additional case law and affidavits must be filed. Until then, the TRO will remain in effect. Defendant's #8 Motion to Dissolve Temporary Restraining Order taken under advisement. (Court Reporter: Candace Covey) (mmm)
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Filing 14
RESPONSE in Opposition re #8 MOTION to Dissolve Temporary Restraining Order filed by Smith & Nephew Inc.. (Attachments: #1 Exhibit Attachment 1 Yingling Declaration)(Wilbon, Clarence)
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Filing 13
NOTICE by Smith & Nephew Inc. of Filing Complete State Court Initial Filings (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilbon, Clarence)
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Filing 12
TEXT ONLY ORDER GRANTING #10 Motion for Leave to Appear Pro Hac Vice filed by Kevin J. Mahoney. Signed by Chief Judge Sheryl H. Lipman on 6/5/2023.(shl)
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Filing 11
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #10 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4159230) filed by Christian Slater, Stryker Sales, LLC, Connor Hopkins has been filed. For future reference, please note : Proposed orders are not to be published on ECF, but only emailed to chambers in word format. If no order previously emailed, please do so upon receipt of this notice. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-4159230) by All Defendants. (Attachments: #1 Exhibit Proposed Order)(Mahoney, Kevin)
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Filing 9
TEXT ONLY ORDER SETTING A HEARING ON #8 DEFENDANTS' MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER. The Motion Hearing is set for Tuesday, 6/6/2023 at 2:30 PM in Courtroom 1 - Memphis before Chief Judge Sheryl H. Lipman. PLAINTIFF IS FURTHER ORDERED TO RESPOND TO THE MOTION BY CLOSE OF BUSINESS ON MONDAY, 6/5/2023. Signed by Chief Judge Sheryl H. Lipman on 6/2/2023. (shl)
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Filing 8
MOTION to Dissolve Temporary Restraining Order by All Defendants. (Attachments: #1 Memorandum of Law in Support, #2 Exhibit A - Declaration, #3 Exhibit B - Declaration, #4 Exhibit C - Email, #5 Exhibit D - Email, #6 Exhibit E - Email, #7 Exhibit F - Email)(Strain, Ryan)
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Filing 7
SETTING LETTER: A SCHEDULING CONFERENCE pursuant to Rule 16(b) of the Federal Rules of Civil Procedure has been SET for WEDNESDAY, JUNE 28, 2023 at 11:00 A.M. before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting.If the parties consent to have the case heard by the magistrate, please file your consent and this conference will be cancelled.Counsel should be prepared to discuss all pending motions.PLEASE REVIEW THE ATTACHED INSTRUCTIONS. The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings. The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. (mmm)
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Filing 6
NOTICE of Appearance by Whitney Dowdy on behalf of All Defendants (Dowdy, Whitney)
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Filing 5
NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
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Filing 4
NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
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Filing 3
NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
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Filing 2
Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (jae)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Chancery Court for Shelby County, Tennessee, case number CH-23-0740-I (Filing fee $ 402 receipt number ATNWDC-4157730), filed by All Defendants. (Attachments: #1 Exhibit 1 - State Ct. Pldg, #2 Exhibit 2 - Declaration, #3 Exhibit 3 - Notice of Filing Notice of Removal, #4 Civil Cover Sheet)(Strain, Ryan)
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