InVas Medical Devices LLC v. Zimmer Biomet CMF and Thoracic LLC
| InVas Medical Devices, LLC and InVas Medical Devices LLC |
| Zimmer Biomet CMF and Thoracic, LLC and Zimmer Biomet CMF and Thoracic LLC doing business as Biomet Micorfixation LLC |
| 3:2021cv02947 |
| November 23, 2021 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.
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Case transferred from NDTX has been opened in the Middle District of Florida, Jacksonville Division as case number 3:22-cv-01062. (mla)
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Filing 27
MEMORANDUM OPINION AND ORDER denying #9 Motion to Remand to State Court; granting #2 Motion to Transfer Venue. Pursuant to 28 U.S.C. 1404(a), this case is hereby TRANSFERRED to the United States District Court for the Middle District of Florida, Jacksonville Division. (Ordered by Senior Judge A. Joe Fish on 9/28/2022) (ygl)
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Interdistrict Transfer to Middle District of Florida, Jacksonville Division; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Middle District of Florida, Jacksonville Division. (ygl)
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Filing 26
ELECTRONIC ORDER: The defendants' motion for expedited hearing or ruling on the plaintiff's motion to remand and the defendants' motion to transfer venue (docket entry 25) is DENIED. (Ordered by Senior Judge A. Joe Fish on 2/1/2022) (chmb)
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Filing 25
MOTION for Expedited Hearing or Ruling re #2 MOTION to Transfer Venue, #9 MOTION to Remand to State Court filed by Zimmer Biomet CMF and Thoracic LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order, #2 Proposed Order) (Trammell, Ryan)
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Filing 24
REPLY filed by InVas Medical Devices LLC re: #9 MOTION to Remand to State Court (Herod, Reagan)
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Filing 23
ORDER: The plaintiff's motion for extension of time to reply to the defendant's response to the #9 plaintiff's motion to remand is GRANTED. The plaintiff shall file its reply to the defendant's response to the plaintiff's motion to remand no later than 1/21/2022. The plaintiff's motion to file a sur-reply to the defendant's reply to the plaintiff's response to the defendant's motion to transfer venue is DENIED as leave of court is required. (Ordered by Senior Judge A. Joe Fish on 1/18/2022) (ykp)
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Filing 22
Agreed MOTION to Extend Time for Plaintiff to File Replies filed by InVas Medical Devices LLC. (Attachments: #1 Proposed Order) (Gibson, David) Modified text on 1/19/2022 (jmg).
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Filing 21
Appendix in Support filed by Zimmer Biomet CMF and Thoracic LLC re #20 Response/Objection (Watson, James)
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Filing 20
RESPONSE filed by Zimmer Biomet CMF and Thoracic LLC re: #9 MOTION to Remand to State Court (Watson, James)
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Filing 19
Appendix in Support filed by Zimmer Biomet CMF and Thoracic LLC re #18 Reply (Watson, James)
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Filing 18
REPLY filed by Zimmer Biomet CMF and Thoracic LLC re: #2 MOTION to Transfer Venue (Watson, James)
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Filing 17
ELECTRONIC ORDER: The defendants' unopposed motion for extension of time (docket entry 16) is GRANTED. It is ORDERED, ADJUDGED, and DECREED that the defendants' deadline to reply to the plaintiff's response to the defendants' motion to transfer venue shall be January 4, 2022. It is further ORDERED that the defendants' deadline to respond to the plaintiff's motion to remand shall be January 4, 2022. (Ordered by Senior Judge A. Joe Fish on 12/17/2021) (chmb)
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Filing 16
Unopposed MOTION to Extend Time filed by Zimmer Biomet CMF and Thoracic LLC (Attachments: #1 Proposed Order) (Watson, James)
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Filing 15
Appendix in Support filed by InVas Medical Devices LLC re #12 Response/Objection Plaintiff's Response to Defendant's Motion to Transfer Venue (Herod, Reagan)
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Filing 14
***Duplicate Entry*** to #13 Brief in Support filed by InVas Medical Devices LLC re #12 Response/Objection. (Herod, Reagan) Modified text on 12/15/2021 (ygl).
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Filing 13
Brief/Memorandum in Support filed by InVas Medical Devices LLC re #12 Response/Objection (Herod, Reagan)
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Filing 12
RESPONSE filed by InVas Medical Devices LLC re: #2 MOTION to Transfer Venue (Herod, Reagan)
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Filing 11
Appendix in Support filed by InVas Medical Devices LLC re #9 MOTION to Remand to State Court , #10 Brief/Memorandum in Support of Motion (Herod, Reagan)
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Filing 10
Brief/Memorandum in Support filed by InVas Medical Devices LLC re #9 MOTION to Remand to State Court (Herod, Reagan)
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Filing 9
MOTION to Remand to State Court filed by InVas Medical Devices LLC with Brief/Memorandum in Support. (Herod, Reagan)
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Filing 8
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by InVas Medical Devices LLC. (Herod, Reagan)
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Filing 7
Certificate of Conference by Zimmer Biomet CMF and Thoracic LLC as to #2 MOTION to Transfer Venue. (Attachments: #1 Proposed Order) (Watson, James) Modified text on 12/1/2021 (ykp).
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Filing 6
ELECTRONIC ORDER: On November 23, 2021, the defendant removed this civil action to this court. Local Rule 81.2 provides that "[w]ithin 21 days after the notice of removal is filed, the plaintiff shall file a separately signed certificate of interested persons that complies with LR 3.1(c) or 3.2(e). If the plaintiff concurs in the accuracy of another party's previously-filed certificate, the plaintiff may adopt that certificate." LR 3.1(c) and 3.2(e) in turn require that when a complaint is filed, the plaintiff must provide the clerk with "a separately signed certificate of interested persons -- in a form approved by the clerk -- that contains -- in addition to the information required by Fed. R. Civ. P. 7.1(a) -- a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than December 14, 2021, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (Ordered by Senior Judge A. Joe Fish on 11/24/2021) (chmb)
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Filing 5
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mjr)
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Filing 4
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Zimmer Biomet CMF and Thoracic, LLC. (Watson, James)
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Filing 3
Brief/Memorandum in Support filed by Zimmer Biomet CMF and Thoracic, LLC re #2 MOTION to Transfer Venue (Attachments: #1 Exhibit A, #2 Exhibit B) (Watson, James)
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Filing 2
MOTION to Transfer Venue filed by Zimmer Biomet CMF and Thoracic, LLC (Watson, James)
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Filing 1
NOTICE OF REMOVAL filed by Zimmer Biomet CMF and Thoracic, LLC. (Filing fee $402; receipt number 0539-12409796) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Index of State Court Pleadings, #2 State Court Petition, #3 State Court Citation, #4 State Court Docket Sheet, #5 Cover Sheet, #6 Cover Sheet Supplement) (Watson, James)
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