Notice of Filing of Official Transcript with Certificate of Service, re: 42 Transcript - PDF. 8/29/12 Entered and Copies E-mailed and Mailed. (kw, ) (Entered: 08/29/2012)
TRANSCRIPT of Hearing held on 8/9/12, before Judge Cynthia M. Rufe. Court Reporter/Transcriber ECF. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/19/2012. Redacted Transcript Deadline set for 10/1/2012. Release of Transcript Restriction set for 11/27/2012. (kw, ) (Entered: 08/29/2012)
ORDER AND FINAL JUDGMENT THAT THE COURT HEREBY APPROVES THE SETTLEMENT SET FORTH IN THE STIPULATION AND THE SUM OF $492,500.00 FOR PLAINTIFFS' ATTORNEY FEES AND EXPENSES. FURTHER INSTRUCTIONS ARE AS OUTLINED HEREIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/16/2012. 8/17/2012 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 08/17/2012)
CERTIFICATE OF SERVICE by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY (HART, CHARLES) (Entered: 07/30/2012)
Declaration of Michael J. Lee by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY. (HART, CHARLES) (Entered: 07/30/2012)
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR FINAL APPROVAL OF SETTLEMENT AND AWARD OF ATTORNEYS' FEES AND EXPENSES filed by ROBERT CLAYTON. (ems) (Entered: 07/17/2012)
ORDER THAT PLAINTIFFS' UNOPPOSED MOTION TO FILE AN OVERSIZED BRIEF IN SUPPORT OF THEIR MOTION FOR FINAL APPROVAL OF SETTLEMENT AND AWARD OF ATTORNEYS' FEES AND EXPENSES IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 7/16/2012. 7/16/2012 ENTERED AND COPIES MAILED AND E-MAILED. (ems) (Entered: 07/16/2012)
MOTION for Approval MOTION FOR FINAL APPROVAL OF SETTLEMENT AND AWARDOF ATTORNEYS FEES AND EXPENSES filed by ROBERT CLAYTON.Brief, Declaration, Certificate of Service. (Attachments: # 1 Supplement Brief, # 2 Supplement Declaration, # 3 Text of Proposed Order Proposed Order)(SMITH, SANDRA) (Entered: 07/12/2012)
MOTION for Leave to File Excess Pages Unopposed filed by ROBERT CLAYTON.Brief and Certificate of Service. (Attachments: # 1 Exhibit Brief, # 2 Text of Proposed Order Proposed Order)(SMITH, SANDRA) (Entered: 07/12/2012)
NOTICE by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., OWL ACQUISITION CORPORATION, MARY E. PAETZOLD, STRYKER CORPORATION, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY of Service of Proposed Class Action Settlement on Government Officials (Attachments: # 1 Exhibit A to Certificate of Service, # 2 Exhibit B to Certificate of Service, # 3 Exhibit C to Certificate of Service)(HART, CHARLES) (Entered: 06/11/2012)
Minute Entry, re: Hearing on plff's motion for preliminary class approval held before HONORABLE CYNTHIA M. RUFE on 5/4/12. Ruling: Motion granted. A final settlement hearing in the matter is scheduled for 8/9/2012 at 10:00 a.m. Court Reporter: ESR. (kw, ) (Entered: 05/15/2012)
ORDER THAT THE ABOVE-CAPTIONED RELATED MATTERS ARE CONSOLIDATED FOR THE PURPOSES OF SETTLEMENT & CLASS CERTIFICATION, & THE COURT'S CONSIDERATION THEREOF, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/7/12. 5/8/12 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 05/08/2012)
ORDER THAT AFTER A PRELIMINARY REVIEW, THE SETTLEMENT APPEARS TO BE FAIR, REASONABLE, ADEQUATE, & IN THE BEST INTERESTS OF THE SETTLEMENT CLASS, ETC. IT IS FURTHER ORDERED THAT FOR THE PURPOSE OF PRELIMINARY APPROVAL & ALL MATTERS RELATING TO THE SETTLEMENT, UNTIL FUTHER ORDER OF THE COURT, PLFF ROBERT CLAYTON SHALL BE THE REPRESENTATIVE OF THE SETTLEMENT CLASS & JUAN E. MONTEVERDE, ESQ., & SANDRA G. SMITH, ESQ. ARE APPOINTED LEAD COUNSEL AUTHORIZED TO ACT ON BEHALF OF THE SETTLEMENT CLASS, ETC. A HEARING SHALL BE HELD BEFORE THIS COURT ON 8/9/2012 AT 10:00 A.M. IN THE COURTROOM OF THE HONORABLE CYNTHIA M. RUFE, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/7/12. 5/8/12 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 05/08/2012)
Declaration Sandra G. Smith with Amended Exhibits by ROBERT CLAYTON. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(SMITH, SANDRA) (Entered: 05/07/2012)
ORDER THAT IN LIGHT OF PLFF'S MOTION FOR PRELIMINARY APPROVAL, APPROVAL OF FORM AND METHOD OF NOTICE, AND FOR ENTRY OF AN ORDER SETTING A SETTLEMENT HEARING DATE AND OTHER DATES, A HEARING WILL BE HELD ON 5/4/2012 AT 2:00 P.M., ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/15/12. 3/16/12 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 03/16/2012)
ORDER THAT, IN LIGHT OF THE PROPOSED STIPULATION AND AGREEMENT OF COMPROMISE, SETTLEMENT AND RELEASE FILED BY THE PARTIES IN THE ABOVE-CAPTIONED RELATED MATTERS, IT IS ORDERED THAT THE FOLLOWING MOTIONS ARE HEREBY DISMISSED AS MOOT: DOC. NO. 4 AND DOC. NO. 6 IN 11-3535 AND DOC. NO. 6 AND DOC. NO. 8 IN 11-3652. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/7/12.2/8/12 ENTERED AND COPIES E-MAILED AND MAILED.(ky, ) (Entered: 02/08/2012)
Declaration of Juan E. Monteverdo in Support of MOTION for Approval Preliminary Approval, Approval of Form and Method of Notice, and Entry of an Order Setting a Settlement Hearing Date and Other Dates (filing amended Exhibits B and D to JEM Dec.) filed by ROBERT CLAYTON.. (Attachments: # 1 Exhibit Amended B, # 2 Exhibit Amended D)(SMITH, SANDRA) Modified on 2/8/2012 (nd, ). (Entered: 02/07/2012)
ORDER THAT PARTIES SHALL JOINTLY REPORT TO THE COURT BY LETTER FAXED TO CHAMBERS ON OR BEFORE 2/7/2012, AS TO THE STATUS OF THE PARTIES' SETTLEMENT DISCOVERY & NEGOTIATIONS IN THE ABOVE-CAPTIONED RELATED MATTERS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/31/12. 2/1/12 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 02/01/2012)
ORDER THAT PARTIES, THROUGH THEIR COUNSEL, SHALL JOINTLY REPORT TO THE COURT BY LETTER FAXED TO CHAMBERS ON OR BEFORE 11/25/2011, AS TO THE STATUS OF THE PARTIES' SETTLEMENT DISCOVERY & NEGOTIATIONS IN THE ABOVE-CAPTIONED RELATED MATTERS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/18/11. 11/21/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 11/21/2011)
STIPULATED PROTECTIVE ORDER WITH COURT APPROVAL. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/4/11. 8/5/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 08/05/2011)
SUMMONS Returned Executed by ROBERT CLAYTON re: Robert Squier served Summons and Complaint upon STRYKER CORPORATION. STRYKER CORPORATION served on 6/14/2011, answer due 7/5/2011. (SMITH, SANDRA) (Entered: 07/07/2011)
NOTICE of Appearance by DANA B. KLINGES on behalf of R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY with Certificate of Service(KLINGES, DANA) (Entered: 06/16/2011)
ORDER THAT APPLICATION OF MATTHEW KIPP, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/15/2011)
ORDER THAT APPLICATION OF EDWARD B. MICHELETTI, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/15/2011)
ORDER THAT APPLICATION OF EDWARD P. WELSH, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/11. 6/15/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/15/2011)
ORDER THAT THE HEARING REGARDING PLAINTIFFS' EMERGENCY MOTIONS FOR EXPEDITED DISCOVERY AND INJUNCTIVE RELIEF, PERVIOUSLY SCHEDULED TO TAKE PLACE ON 6/14/2011 AT 10:00 AM IS CANCELLED; PLAINTIFF ROBERT CLAYTON'S EMERGENCY MOTION FOR EXPEDITED DISCOVERY (DOC. NO.2 IN 11-3535) AND PLAINTIFF ADOLPHINA VAN BAREL'S EMERGENCY MOTION SEEKING TRO, EXPEDITED DISCOVERY AND PROMPT POST EXPEDOTED DISCOVERY HEARING DATE (DOC. NO.3 IN 11-3652) ARE DISMISSED AS WITHDRAWN; THE MOTION TO DISMISS THE COMPLAINT (DOC. NOS. 6 & 8 IN 11-3652; DOC. NOS 4 & 6 IN 11-3535) ARE STAYED PENDING FURTHER ACTION FROM THIS COURT, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/14/2011. 6/14/2011 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY CHAMBERS. (kk, ) (Additional attachment(s) added on 6/14/2011: # 1 LETTER) (kk, ). (Entered: 06/14/2011)
Application of EDWARD M. WELCH, ESQUIRE to Practice in this Court Pursuant to Local Rule of Civil Procedure 83.5.2(b) on behalf of OWL ACQUISITION CORPORATION and STRYKER CORPORATION, Certificate of Service. ($40.00 filing fee paid) (mbh, ) (Entered: 06/14/2011)
SUMMONS Returned Executed by ROBERT CLAYTON re: Brandon Segal served Summons and Complaint upon OWL ACQUISITION CORPORATION. OWL ACQUISITION CORPORATION served on 6/13/2011, answer due 7/5/2011. (SMITH, SANDRA) (Entered: 06/14/2011)
SUMMONS Returned Executed by ROBERT CLAYTON re: Brandon Segal served Summons and Complaint upon R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY. R. SCOTT BARRY served on 6/10/2011, answer due 7/1/2011; MORRIS CHESTON, JR served on 6/10/2011, answer due 7/1/2011; ANTONY KOBLISH served on 6/10/2011, answer due 7/1/2011; ORTHOVITA, INC. served on 6/10/2011, answer due 7/1/2011; MARY E. PAETZOLD served on 6/10/2011, answer due 7/1/2011; PAUL G. THOMAS served on 6/10/2011, answer due 7/1/2011; WILLIAM E. TIDMORE, JR served on 6/10/2011, answer due 7/1/2011; PAUL T. TOUHEY served on 6/10/2011, answer due 7/1/2011. (SMITH, SANDRA) (Entered: 06/14/2011)
APPLICATION by OWL ACQUISITION CORPORATION, STRYKER CORPORATION FOR EDWARD MICHELETTI TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERVICE. (FEE PAID) (jl, ) (Entered: 06/13/2011)
Memorandum of Law in Opposition re 2 MOTION to Expedite filed by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY, Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HART, CHARLES) Modified on 6/14/2011 (nd, ). (Entered: 06/13/2011)
ORDER THAT A HEARING ON THE PENDING MOTIONS FOR EXPEDITED DISCOVERY IN THE ABOVE CAPTIONED MATTERS WILL TAKE PLACE ON 6/14/11 AT 10:00 A.M.. THE ABOVE CAPTIONED MATTERS ARE CONSOLIDATED FOR PURPOSES OF THE COURT'S CONSIDERATION OF THE PENDING MOTIONS FOR EXPEDITED DISCOVERY AND ANY MOTIONS FOR A PRELIMINARY INJUNCTION THAT MAY BE IMMINENTLY FILED; ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/9/11. 6/10/11 ENTERED AND E-MAILED AND FAXED.(jl, ) Modified on 5/8/2012 (jl, ). (Entered: 06/10/2011)
APPLICATION by OWL ACQUISITION CORPORATION, STRYKER CORPORATION FOR MATTHEW KIPP TO APPEAR PRO HAC VICE, STATEMENT, CERTIFICATE OF SERIVCE. ( FEE PAID) (jl, ) (Entered: 06/10/2011)
RESPONSE in Opposition re 2 MOTION to Expedite filed by OWL ACQUISITION CORPORATION, STRYKER CORPORATION. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011)
MOTION to Dismiss filed by OWL ACQUISITION CORPORATION, STRYKER CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit A, # 3 Proposed Order, # 4 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011)
Disclosure Statement Form pursuant to FRCP 7.1 including Stryker Corporation with Certificate of Service by OWL ACQUISITION CORPORATION, STRYKER CORPORATION. (Attachments: # 1 Certificate of Service)(COSTA, PAUL) (Entered: 06/09/2011)
MOTION to Dismiss Verified Class Action Complaint filed by R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., MARY E. PAETZOLD, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY.. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Service, # 4 Exhibit A, # 5 Exhibit B (1 of 4), # 6 Exhibit B (2 of 4), # 7 Exhibit B (3 of 4), # 8 Exhibit B (4 of 4), # 9 Exhibit C (1 of 3), # 10 Exhibit C (2 of 3), # 11 Exhibit C (3 of 3), # 12 Exhibit D (1 of 4), # 13 Exhibit D (2 of 4), # 14 Exhibit D (3 of 4), # 15 Exhibit D (4 of 4))(HART, CHARLES) (Entered: 06/08/2011)
ORDER THAT PRIOR TO THIS COURT'S CONSIDERATION OF OR HEARING ON SUCH MOTION, PLAINTIFF SHALL SERVE FORTHWITH DEFENDANTS WITH A COPY OF THE COMPLAINT, SUMMONS AND EMERGENCY MOTION AND FILE WITH THIS COURT PROOF OF SERVICE THEREOF. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/6/11. 6/7/11 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(er, ) (Entered: 06/07/2011)
COMPLAINT against R. SCOTT BARRY, MORRIS CHESTON, JR, ANTONY KOBLISH, ORTHOVITA, INC., OWL ACQUISITION CORPORATION, MARY E. PAETZOLD, STRYKER CORPORATION, PAUL G. THOMAS, WILLIAM E. TIDMORE, JR, PAUL T. TOUHEY ( Filing fee $ 350 receipt number 044040.), filed by ROBERT CLAYTON. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form)(jwl, ) (Entered: 06/02/2011)
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