Wilcox v. Aziyo Biologics, Inc. et al
| William Wilcox |
| Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC, DCI Donor Services, Inc. and New Mexico Donor Services |
| 1:2023cv00619 |
| May 9, 2023 |
| US District Court for the Eastern District of Virginia |
| Anthony J Trenga |
| Lindsey R Vaala |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 46
AMENDED Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Amended Joint Discovery Plan (Dkt. No. 44) is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the Court. This Order and the parties' Amended Joint Discovery Plan supersede the prior Joint Discovery Plan (Dkt.No. 33) and the Court's June 14 Rule 16(b) Order (Dkt. No. 37); it is further ORDERED that the final pretrial conference currently set for September 21, 2023 (see Dkt. No. 9) is hereby rescheduled for November 16, 2023 at 10:00 a.m (See Order for further details). Final Pretrial Conference set for 11/16/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga.. Signed by Magistrate Judge Lindsey R. Vaala on 7/5/2023. (nneb)
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| Filing 45 Minute Entry for proceedings held before Magistrate Judge Lindsey R. Vaala:Status Conference held on 7/5/2023. Appearance of Counsel for plaintiff and defendants. Order to follow. (nneb) |
| Filing 44 Amended Joint Discovery Plan by DCI Donor Services, Inc., New Mexico Donor Services.(Waters, Jason) |
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Filing 43
ORDERED that, to the extent necessary, the parties may file by July 3, 2023 at 12:00 p.m an Amended Joint Discovery Plan for the Court's consideration; it is further ORDERED that a telephonic status conference is scheduled for this matter on July 5, 2023 at 11:00 a.m., at which the Court will discuss with the parties the Amended Joint Discovery Plan. Set Hearings: Status Conference set for 7/5/2023 at 11:00 AM in Alexandria Telephonically before Magistrate Judge Lindsey R. Vaala. Signed by Magistrate Judge Lindsey R. Vaala on 6/26/2023. (nneb)
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| Filing 42 CROSSCLAIM against Aziyo Biologics, Inc., CROSSCLAIM against Aziyo Biologics, Inc., filed by New Mexico Donor Services, DCI Donor Services, Inc..(Waters, Jason) |
| Filing 41 NOTICE of Consent to Removal to Federal Court by DCI Donor Services, Inc., New Mexico Donor Services (Waters, Jason) Modified to correct docket event on 6/23/2023 (Dest). |
| Filing 40 Corporate Disclosure Statement by DCI Donor Services, Inc.. (Waters, Jason) |
| Filing 39 ANSWER to Complaint by DCI Donor Services, Inc., New Mexico Donor Services.(Waters, Jason) |
| Filing 38 WAIVER OF SERVICE Returned Executed by William Wilcox. DCI Donor Services, Inc. waiver sent on 5/30/2023, answer due 7/31/2023; New Mexico Donor Services waiver sent on 5/30/2023, answer due 7/31/2023. (Culkin, Donald) |
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Filing 37
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Joint Discovery Plan filed by Plaintiff, Defendant Aziyo, Defendant Medtronic, and Defendant SpinalGraft is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the Court (see Order for further details). Signed by Magistrate Judge Lindsey R. Vaala on 6/14/2023. (nneb)
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| Filing 36 Minute Entry for proceedings held before Magistrate Judge Lindsey R. Vaala:Initial Pretrial Conference held on 6/14/2023 by telephone. Appearance of counsel for plaintiff and defendants. Discovery Plan approved. Order to issue. (nneb) |
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Filing 35
ORDERED that Defendants' Motion to Reschedule (Dkt. No. 34) is GRANTED INPART such that the Rule 16(b) Conference scheduled for June 7, 2023 at 11:00 a.m. is CONTINUED to June 14,2023 at 10:30 a.m. The Motion is DENIED in all other respects at this time; and it is further ORDERED that Defendants' Motion for Leave to Appear by Telephone (Dkt. No. 28) is GRANTED; it is further ORDERED that all counsel may appear telephonically at the Rule 16(b) Conference on June 14, 2023. The undersigned's chambers will contact the parties regarding logistics for appearing telephonically. Signed by Magistrate Judge Lindsey R. Vaala on 6/1/2023. (nneb)
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| Reset Hearings: Initial Pretrial Conference set for 6/14/2023 at 10:30 AM in Alexandria Telephonically before Magistrate Judge Lindsey R. Vaala. (nneb) |
| Filing 34 MOTION to Continue Unopposed Consent to Reschedule by Aziyo Biologics, Inc.. (Attachments: #1 Unopposed Consent Motion to Reschedule Final Pre-Trial Conference)(Longosz, Edward) |
| Filing 33 Joint Discovery Plan by Aziyo Biologics, Inc..(Longosz, Edward) |
| Filing 32 Response Unopposed Consent to Reschedule filed by Aziyo Biologics, Inc. (Attachments: #1 Proposed Order)(Longosz, Edward) Modified on 5/31/2023 to update docket text (wgar, ). |
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Filing 31
ORDER granting #27 Motion for Pro hac vice Appointed Travis Monroe Wheeler for Aziyo Biologics, Inc.,Travis Monroe Wheeler for Medtronic Sofamor Danek USA, Inc.,Travis Monroe Wheeler for Spinalgraft Technologies, LLC. Signed by District Judge Anthony J Trenga on 5/31/2023. (swil)
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Filing 30
ORDER granting #26 Motion for Pro hac vice Appointed Alan Ray Vickery for Aziyo Biologics, Inc.,Alan Ray Vickery for Medtronic Sofamor Danek USA, Inc.,Alan Ray Vickery for Spinalgraft Technologies, LLC. Signed by District Judge Anthony J Trenga on 5/31/2023. (swil)
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Filing 29
ORDER granting #25 Motion for Pro hac vice Appointed Kim Marie Schmid for Aziyo Biologics, Inc.,Kim Marie Schmid for Medtronic Sofamor Danek USA, Inc.,Kim Marie Schmid for Spinalgraft Technologies, LLC. Signed by District Judge Anthony J Trenga on 5/31/2023. (swil)
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| Filing 28 MOTION for Leave to Appear by Telephone by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC. (Attachments: #1 Proposed Order)(Davoli, Ashley) |
| Filing 27 Motion to appear Pro Hac Vice by Travis Monroe Wheeler and Certification of Local Counsel Ashley Ann Davoli Filing fee $ 75, receipt number AVAEDC-8958522. by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC. (Davoli, Ashley) |
| Filing 26 Motion to appear Pro Hac Vice by Alan Ray Vickery and Certification of Local Counsel Ashley Ann Davoli Filing fee $ 75, receipt number AVAEDC-8958519. by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC. (Davoli, Ashley) |
| Filing 25 Motion to appear Pro Hac Vice by Kim Marie Schmid and Certification of Local Counsel Ashley Ann Davoli Filing fee $ 75, receipt number AVAEDC-8958498. by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC. (Davoli, Ashley) |
| Filing 24 NOTICE of Appearance by Edward John Longosz, II on behalf of Aziyo Biologics, Inc. (Longosz, Edward) |
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Filing 23
ORDERED that Plaintiff s Motion for Leave to Appear by Telephone is GRANTED. Plaintiff's out-of-state counsel, Lawrence Cohan, Joshua Cohan, and Alison Russell, upon their admission pro hac vice, are granted permission to appear by telephone at the Fed. R. Civ. P. 16(b) Pretrial Conference in re #18 Motion for Leave to Appear By Telephone. Signed by Magistrate Judge Lindsey R. Vaala on 5/30/2023. (swil)
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Filing 22
ORDER granting #17 Motion for Pro hac vice Appointed Lawrence R. Cohan for William Wilcox. Signed by District Judge Anthony J Trenga on 5/30/2023. (swil)
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Filing 21
ORDER granting #16 Motion for Pro hac vice Appointed Alison Russell for William Wilcox. Signed by District Judge Anthony J Trenga on 5/30/2023. (swil)
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Filing 20
ORDER granting #15 Motion for Pro hac vice Appointed Joshua Cohan for William Wilcox. Signed by District Judge Anthony J Trenga on 5/30/2023. (swil)
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| Filing 19 CERTIFICATE of Service by Donald S Culkin on behalf of William Wilcox (Culkin, Donald) |
| Filing 18 MOTION for Leave to Appear By Telephone by William Wilcox. (Attachments: #1 Proposed Order Granting Leave to Appear by Telephone)(Culkin, Donald) |
| Filing 17 Motion to appear Pro Hac Vice by Lawrence Cohan and Certification of Local Counsel Donald S Culkin Filing fee $ 75, receipt number AVAEDC-8953104. by William Wilcox. (Culkin, Donald) |
| Filing 16 Motion to appear Pro Hac Vice by Alison Russell and Certification of Local Counsel Donald S Culkin Filing fee $ 75, receipt number AVAEDC-8953102. by William Wilcox. (Culkin, Donald) |
| Filing 15 Motion to appear Pro Hac Vice by Joshua Cohan and Certification of Local Counsel Donald S Culkin Filing fee $ 75, receipt number AVAEDC-8953069. by William Wilcox. (Culkin, Donald) |
| Filing 14 Summons Issued as to DCI Donor Services, Inc., New Mexico Donor Services, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) |
| Filing 13 Proposed Summons to New Mexico Donor Services by William Wilcox. (Culkin, Donald) |
| Filing 12 Proposed Summons to DCI Donor Services, Inc. by William Wilcox. (Culkin, Donald) |
| Filing 11 NOTICE of Appearance by Donald S Culkin on behalf of William Wilcox (Culkin, Donald) |
| Filing 10 CERTIFICATE of Service re #9 Scheduling Order, by Michael Anthony Montgomery on behalf of Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC (Montgomery, Michael) |
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Filing 9
SCHEDULING ORDER: Initial Pretrial Conference set for 6/7/2023 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Lindsey R. Vaala. Final Pretrial Conference set for 9/21/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. Discovery due by 9/15/2023. Signed by District Judge Anthony J. Trenga on 5/17/2023. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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| Filing 8 ANSWER to Complaint by Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC.(Montgomery, Michael) |
| Filing 7 ANSWER to Complaint by Aziyo Biologics, Inc..(Montgomery, Michael) |
| Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Lindsey R. Vaala. (swil) |
| Filing 6 NOTICE of Appearance by Michael Anthony Montgomery on behalf of Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC (Montgomery, Michael) |
| Filing 5 Corporate Disclosure Statement by Spinalgraft Technologies, LLC. (Davoli, Ashley) |
| Filing 4 Corporate Disclosure Statement by Medtronic Sofamor Danek USA, Inc.. (Davoli, Ashley) |
| Filing 3 Corporate Disclosure Statement by Aziyo Biologics, Inc.. (Davoli, Ashley) |
| Filing 2 Citizenship Disclosure Form (Local Rule 7.1) by Aziyo Biologics, Inc., Medtronic Sofamor Danek USA, Inc., Spinalgraft Technologies, LLC. (Davoli, Ashley) |
| Filing 1 Notice of Removal ( Filing fee $ 402, receipt number AVAEDC-8928349.), filed by Spinalgraft Technologies, LLC, Medtronic Sofamor Danek USA, Inc., Aziyo Biologics, Inc.. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Docket, #3 Exhibit Notice of Filing of Removal, #4 Civil Cover Sheet)(Davoli, Ashley) |
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