TORNIER INC et al v. CAPROCK ORTHOPAEDIC CONSULTANTS LLC et al
| Tornier Inc and Wright Medical Technology Inc |
| CAPROCK ORTHOPAEDIC CONSULTANTS LLC, Jared Gist and Exactech Inc |
| 5:2021cv00301 |
| December 13, 2021 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER CONSOLIDATING CASES (See Motion, Dkt. No. 16 filed in lead case): Member case(s) 5:21-CV-301 consolidated with lead case 5:21-CV-207. Member case administratively closed following consolidation. Further docketing should be in lead case 5:21-CV-207. (Ordered by Judge James Wesley Hendrix on 1/18/2022) (krr)
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Filing 43
ORDER: On December 10, the Honorable Chief Judge Mark E. Walker of the United States District Court for the Northern District of Florida effectuated, at the parties' request, an interdistrict transfer of what has become case number 5:21-CV-301. Case No. -301, Dkt. No. #41 . The basis for that transfer was the pendency of case number 5:21-CV-207, which involved the same parties and the same factual and legal questions. Case No. -301, Dkt. No. #40 ; see 28 U.S.C. 1404(a). To facilitate the integration of the Florida action into the proceeding originally filed in this court, the parties are ordered to confer and prepare a joint status report for the court's review. The report should provide an overview of the Florida proceedings, Chief Judge walker's rulings, and any past and future deadlines. Moreover, the report should specify what changes, if any, the parties wish to make to the joint scheduling conference report that was filed on November 29 (Case No. -207, Dkt. No. #14 ). The joint report should be filed on both dockets by no later than January 7, 2022. The parties are welcome to request a status conference with the Court in addition to, but not in lieu of, filing the joint status report, though there is no expectation that they do so. (Ordered by Judge James Wesley Hendrix on 12/20/2021) (krr)
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| Magistrate Judge D. Gordon Bryant, Jr. no longer assigned to case. (krr) |
| Filing 43 Case electronically transferred in from District of Florida Northern; Case Number 1:21-cv-00105. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 42 Interdistrict Transfer to the Northern District of Texas Lubbock Division located at US District Court, Northern District of Texas, Lubbock Division, Office of the Clerk, 1205 Texas Ave, Room 209, Lubbock, TX, 79401-4091. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Case transferred in from District of Florida (Gainesville); Case Number 1:21-CV-00105. Original file with documents numbered 1-41, copy of docket sheet received. (krr) |
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Filing 41
ORDER TRANSFERRING CASE AND CLOSING FILE re #40 STIPULATION (Parties' Stipulation for Transfer of Action). Signed by CHIEF JUDGE MARK E WALKER on 12/10/2021. This case is TRANSFERRED to the Lubbock Division of the United States District Court for the Northern District of Texas. The Clerk shall take all steps necessary to effect the transfer and close the file. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 40 STIPULATION (Parties' Stipulation for Transfer of Action) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| RESet Deadline per #13 INITIAL SCHEDULING ORDER: Joint Status Report due by 1/1/2022. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 39 STATUS REPORT (Parties' Joint Status Report Regarding Discovery) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 38
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER; granting #37 MOTION for Protective Order AGREED MOTION FOR COURT APPROVAL OF CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER. Signed by CHIEF JUDGE MARK E WALKER on 11/15/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 37 MOTION for Protective Order AGREED MOTION FOR COURT APPROVAL OF CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER by EXACTECH INC. (Attachments: #1 Text of Proposed Order) (BIELBY, LORENCE) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 36 STATUS REPORT (Parties' Joint Status Report Regarding Discovery) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| RESet Deadline per #13 INITIAL SCHEDULING ORDER: Joint Status Report due by 12/1/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 35 STATUS REPORT (Parties' Joint Status Report Regarding Discovery) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| RESet Deadline per #13 INITIAL SCHEDULING ORDER: Joint Status Report due by 11/1/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 34 DISCOVERY ADVISORY: Re #33 Rule 26 Disclosures filed by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC -- Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| RESet Deadline per #13 INITIAL SCHEDULING ORDER: Joint Status Report due by 10/1/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 33 RULE 26 Disclosures by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 32 STATUS REPORT (Parties' Joint Status Report Regarding Discovery) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 31
ORDER GRANTING #19 MOTION TO DISMISS. Signed by CHIEF JUDGE MARK E WALKER on 8/31/2021. Plaintiffs' claim against Defendants Caprock and Gist, Count I, is DISMISSED for lack of jurisdiction. This case remains open and shall proceed on Count II. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #27 ORDER GRANTING #26 LEAVE TO FILE REPLY -- Plaintiffs' sur-reply due on or before 8/27/2021. (***None filed to date.***) (kdm) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 30
ORDER MOTION TO STAY DISCOVERY RESPONSES, granting #29 MOTION to Stay or Extend Responses to Plaintiffs' Discovery Requests. Signed by CHIEF JUDGE MARK E WALKER on 8/27/2021. Discovery response deadlines pertaining to Defendants Caprock and Gist are STAYED pending the issuance of this Courts ruling on Defendants' motion to dismiss. (kdm) Set Stay Discovery Flag. [Transferred from Florida Northern on 12/13/2021.]
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| Filing 29 MOTION to Stay or Extend Responses to Plaintiffs' Discovery Requests by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST. (DONNELLY, PAUL) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 28 REPLY by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST re #22 Response in Opposition to Motion, #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law . (YOON, JUNG) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 27
ORDER GRANTING #26 LEAVE TO FILE REPLY. (Defendants' replies due on or before 8/25/2021. Plaintiffs' sur-reply due on or before 8/27/2021). Signed by CHIEF JUDGE MARK E WALKER on 8/18/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 26 MOTION for Leave to File re #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law (to file reply) by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST. (DONNELLY, PAUL) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 25
SCHEDULING AND MEDIATION ORDER Re: #23 Special Report. (Discovery due by 3/31/2022., Dispositive Motions to be filed by 4/21/2022., Mediation Report due by 5/12/2022., Jury Trial set for 8/1/2022 08:30 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.) Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 8/16/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 24 REPORT of Rule 26(f) Planning Meeting. (***Please see docket entry #23 to view PDF of filing.*** Re-posted to use correct event.) (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 23 SPECIAL REPORT by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 24 Report of Rule 26(f) Planning Meeting. (***Please see docket entry #23 to view PDF of filing.***) (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law PLAINTIFFS' RESPONSE TO DEFENDANTS CAPROCK ORTHOPAEDIC CONSULTANTS, LLC AND JARED GIST'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION filed by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 21 STATUS REPORT (Parties' Joint Status Report Regarding Discovery) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #13 INITIAL Scheduling Order - Status Report due by 8/1/2021. (***None filed to date.***) (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| *** THIS ENTRY MADE IN ERROR - PLEASE IGNORE THIS ENTRY *** -- ACTION REQUIRED BY DISTRICT JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #13 INITIAL Scheduling Order - Status Report due by 8/1/2021. (***None filed to date.***) (kdm) Modified on 8/2/2021 to add text (kdm). [Transferred from Florida Northern on 12/13/2021.] |
| RESet Deadline per #13 INITIAL SCHEDULING ORDER: Joint Status Report due by 9/1/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 20 ANSWER to #1 Complaint,, by EXACTECH INC. (BIELBY, LORENCE) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction and Memorandum of Law by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST. (Internal deadline for referral to judge if response not filed earlier: 8/13/2021). (DONNELLY, PAUL) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 18
ORDER GRANTING #17 EXTENSION OF TIME; denying as moot #16 MOTION to Extend Time to Respond to Complaint. (Defendants Caprock and Gist answer due by 7/30/2021). Signed by CHIEF JUDGE MARK E WALKER on 7/7/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 17 Amended MOTION to Extend Time to Respond to Complaint by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST. (DONNELLY, PAUL) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 16 MOTION to Extend Time to Respond to Complaint by CAPROCK ORTHOPAEDIC CONSULTANTS LLC, JARED GIST. (DONNELLY, PAUL) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 15 NOTICE of Appearance by LORENCE JON BIELBY on behalf of EXACTECH INC (BIELBY, LORENCE) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 14
ORDER GRANTING #11 EXTENSION OF TIME. (Exactech, Inc's Answer due by 7/30/2021). Signed by CHIEF JUDGE MARK E WALKER on 7/1/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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Filing 13
INITIAL SCHEDULING ORDER. Signed by CHIEF JUDGE MARK E WALKER on 7/1/2021. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/15/2021. Status Report due by 8/1/2021 and every 30 days thereafter. Rule 26 Meeting Report due by 8/16/2021. Discovery due by 10/29/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 12 Corporate Disclosure Statement/Certificate of Interested Persons by EXACTECH INC. (LONDOT, JOHN) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 11 MOTION for Extension of Time to File Answer re #1 Complaint,, by EXACTECH INC. (LONDOT, JOHN) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 10 SUMMONS Returned Executed by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. JARED GIST served on 6/15/2021, answer due 7/6/2021. (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 9 SUMMONS Returned Executed by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. CAPROCK ORTHOPAEDIC CONSULTANTS LLC served on 6/15/2021, answer due 7/6/2021. (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 8 SUMMONS Returned Executed by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. EXACTECH INC served on 6/11/2021, answer due 7/2/2021. (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
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Filing 7
ORDER ADMITTING MARCUS L. MINTZ PRO HAC VICE; granting #6 Motion to Appear Pro Hac Vice. (Appointed MARCUS LEVI MINTZ for TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC). Signed by CHIEF JUDGE MARK E WALKER on 6/11/2021. (kdm) [Transferred from Florida Northern on 12/13/2021.]
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| Filing 6 MOTION to Appear Pro Hac Vice by Marcus L. Mintz.( Filing fee $ 208 receipt number AFLNDC-6132078.) by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC. (MINTZ, MARCUS) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 5 Summons Issued as to CAPROCK ORTHOPAEDIC CONSULTANTS LLC, EXACTECH INC, JARED GIST. (kdm) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 4 NOTICE of Summonses Attached for Issuance by Clerk by TORNIER INC, WRIGHT MEDICAL TECHNOLOGY INC (Attachments: #1 Summons for Issuance by Clerk, #2 Summons for Issuance by Clerk) (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by TORNIER, INC., WRIGHT MEDICAL TECHNOLOGY, INC. identifying Corporate Parent STRYKER CORPORATION for TORNIER, INC., WRIGHT MEDICAL TECHNOLOGY, INC... (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 2 CIVIL COVER SHEET. (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
| Filing 1 COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF against All Plaintiffs ( Filing fee $ 402 receipt number AFLNDC-6126400.), filed by TORNIER, INC., WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Exhibit Exhibit 1 - Independent Sales Representative Agreement December 27, 2020, #2 Exhibit Exhibit 2 - 2nd Amendment to ISRA December 27 2020, #3 Exhibit Exhibit 3 - January 18, 2021 letter, #4 Exhibit Exhibit 4 - February 9, 2021 Letter, #5 Exhibit Exhibit 5 - February 12, 2021 Email from Gist to McAllister, #6 Exhibit Exhibit 6 - Wexler two letter to Gist and Exactech) (PASS, ROBERT) [Transferred from Florida Northern on 12/13/2021.] |
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