Northern Virginia Eye Institute, P.C. et al v. Cynosure, LLC et al
Plaintiff: Dr. Tayyib Rana and Northern Virginia Eye Institute, P.C.
Defendant: Cynosure, LLC, Robert Daley, Brogan Bair, Hologic, Inc., Aldo Batubara and Cynosure, Inc.
Case Number: 5:2021cv00008
Filed: February 1, 2021
Court: US District Court for the Western District of Virginia
Presiding Judge: Thomas T Cullen
Referring Judge: Joel C Hoppe
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 29 ORDER adopting #28 Report of Rule 26(f) Planning Meeting AND modifies expert disclosure deadlines in #24 Scheduling Order. Signed by Magistrate Judge Joel C. Hoppe on 3/31/21. (kld)
March 25, 2021 Filing 28 REPORT of Rule 26(f) Planning Meeting (Wiesner, Jocelyn)
March 18, 2021 Filing 27 NOTICE of Telephonic Hearing: (N) Scheduling Conference Call set for 4/12/2021 11:30 AM before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel.(kld)
March 16, 2021 Filing 26 Reply re #13 MOTION to Dismiss [DEFENDANT HOLOGIC, INCS REPLY IN SUPPORT OF ITS MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION]. filed by Hologic, Inc.. (Attachments: #1 SUPPLEMENTAL DECLARATION OF ANNE LIDDY)(Wiesner, Jocelyn)
March 16, 2021 Filing 25 Reply re #11 MOTION to Dismiss [DEFENDANT ROBERT DALEYS REPLY IN SUPPORT OF HIS MOTION TO DISMISS PLAINTIFFS COMPLAINT]. filed by Robert Daley. (Wiesner, Jocelyn)
March 16, 2021 Opinion or Order Filing 24 SCHEDULING ORDER:( Status Conference set for 11/1/2021 09:30 AM before Judge Thomas T. Cullen., Jury Trial set for 3/1/2022 - 3/4/2022 09:30 AM in Harrisonburg before Judge Thomas T. Cullen. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.), CASE REFERRED to Magistrate Judge Joel C. Hoppe. Signed by Judge Thomas T. Cullen on 3/16/2021. (jv)
March 11, 2021 Opinion or Order Filing 23 ORDER granting #22 MOTION to Appear Pro Hac Vice; Attorney Jocelyn A. Wiesner for Brogan Bair, Aldo Batubara, Cynosure, LLC, Robert Daley, and Hologic, Inc. added. Signed by Judge Thomas T. Cullen on 3/11/2021. (jv)
March 10, 2021 Filing 22 MOTION for Jocelyn A. Wiesner to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-3648986. by Brogan Bair, Aldo Batubara, Cynosure, LLC, Robert Daley, Hologic, Inc.. (Attachments: #1 Text of Proposed Order)(Lollar, Tirzah)
March 10, 2021 Filing 21 ANSWER to Complaint with JURY DEMAND by Brogan Bair.(Lollar, Tirzah)
March 9, 2021 Filing 20 Negative Corporate Disclosure Statement by Northern Virginia Eye Institute, P.C. (Solomon, Marilyn) (Main Document 20 replaced on 3/9/2021) (jv). Modified on 3/9/2021 Replaced deficient pdf document with flattened pdf document(jv).
March 9, 2021 Filing 19 Response re #9 Answer to Complaint Answer to Counterclaim . filed by Northern Virginia Eye Institute, P.C., Tayyib Rana. (Solomon, Marilyn)
March 9, 2021 Filing 18 RESPONSE in Opposition re #11 MOTION to Dismiss . filed by Northern Virginia Eye Institute, P.C., Tayyib Rana. (Solomon, Marilyn)
March 9, 2021 Filing 17 RESPONSE in Opposition re #13 MOTION to Dismiss . filed by Northern Virginia Eye Institute, P.C., Tayyib Rana. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Solomon, Marilyn)
March 9, 2021 Filing 16 NOTICE of Hearing on Motion #11 MOTION to Dismiss , #13 MOTION to Dismiss : (CR) (No Interpreter requested) (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Motion Hearing set for 4/16/2021 at 02:30 PM via Zoom before Judge Thomas T. Cullen. Zoom instructions emailed to counsel.(ck)
February 24, 2021 Opinion or Order Filing 15 ORAL ORDER granting the parties' joint motion to extend deadlines (ECF No. 14). The following deadlines are extended until Wednesday, March 10, 2021: (1) Defendant Brogan Bair's deadline in which to file a responsive pleading to the complaint; (2) Plaintiffs' deadlines to respond to the two pending motions to dismiss; and (3) Plaintiffs' deadline to respond to Defendant Cynosure, LLC's counterclaim. Entered by Judge Thomas T. Cullen on 2/24/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv)
February 23, 2021 Filing 14 Joint MOTION for Extension of Time to File Response/Reply by Plaintiffs and by Brogan Bair. (Attachments: #1 Text of Proposed Order)(Lollar, Tirzah)
February 16, 2021 Filing 13 MOTION to Dismiss by Hologic, Inc.. (Attachments: #1 Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction, #2 Declaration in Support by Anne Liddy)(Lollar, Tirzah)
February 16, 2021 Filing 12 Certified State Court Records received electronically from Winchester Circuit Court, CL21000007-00 (Attachments: #1 State Court Record)(jv)
February 16, 2021 Filing 11 MOTION to Dismiss by Robert Daley. (Attachments: #1 MEMORANDUM IN SUPPORT OF HIS MOTION TO DISMISS PLAINTIFFS COMPLAINT)(Lollar, Tirzah)
February 16, 2021 Filing 10 ANSWER to Complaint by Aldo Batubara.(Lollar, Tirzah)
February 16, 2021 Filing 9 ANSWER to Complaint , Affirmative Defenses, and Counterclaim by Cynosure, LLC. (Attachments: #1 Exhibit 1)(Lollar, Tirzah)
February 8, 2021 Opinion or Order Filing 8 ORAL ORDER granting Defendants' Motion for Extension of Time to Answer Plaintiffs' Complaint (ECF No. 7). Defendants shall file their responsive pleading to Plaintiff's complaint by Tuesday, February 16, 2021. Entered by Judge Thomas T. Cullen on 2/8/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(jv)
February 5, 2021 Filing 7 Consent MOTION for Extension of Time to File Answer to Plaintiffs' Complaint #1 by Aldo Batubara, Cynosure, LLC, Robert Daley, Hologic, Inc.. (Lollar, Tirzah)
February 2, 2021 Opinion or Order Filing 6 Order Requesting Transmittal of Case File from Winchester Circuit Court. Signed by Judge Thomas T. Cullen on 2/1/2021. (Order mailed to Winchester Circuit Court via US Mail)(jv)
February 2, 2021 Marilyn Ann Solomon, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with this court. (jv)
February 1, 2021 Filing 5 Notice of Filing Requirement to Northern Virginia Eye Institute, P.C. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (kld)
February 1, 2021 Filing 4 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (kld)
February 1, 2021 Filing 3 Positive Corporate Disclosure Statement by Cynosure, LLC identifying Corporate Parent Lotus Buyer, Inc., Corporate Parent Lotus Midco Inc., Corporate Parent Lotus Parent, Inc., Corporate Parent Clatyon Dubilier & Rice Lotus Holdings, L.P. for Cynosure, LLC. (kld)
February 1, 2021 Filing 2 Positive Corporate Disclosure Statement by Hologic, Inc. (kld)
February 1, 2021 Filing 1 NOTICE OF REMOVAL from Winchester City Circuit Court, case number CL21000007-00. (Filing & Administrative fee $ 402, receipt number AVAWDC-3615494), filed by Robert Daley, Brogan Bair, Cynosure, LLC, Aldo Batubara, Hologic, Inc.. (Attachments: #1 Exhibit A - complaint filed in state court, #2 Exhibit B - VA courts case information, #3 Exhibit C - all documents from state court case, #4 Civil Cover Sheet)(kld)

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Defendant: Cynosure, LLC
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Defendant: Robert Daley
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Defendant: Brogan Bair
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Defendant: Hologic, Inc.
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Defendant: Aldo Batubara
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Defendant: Cynosure, Inc.
Represented By: Tirzah Sungyeh Lollar
Represented By: Jocelyn A. Wiesner
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Plaintiff: Dr. Tayyib Rana
Represented By: Marilyn Ann Solomon
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Plaintiff: Northern Virginia Eye Institute, P.C.
Represented By: Marilyn Ann Solomon
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