United States of America et al v. DJO Global Inc. et al

Federal Civil Lawsuit California Central District Court, Case No. 2:12-cv-07152
District Judge Margaret M. Morrow, presiding
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District Judge Margaret M. Morrow
Last Updated January 16, 2017 at 1:31 AM EST (8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
District of Columbia District of Columbia, Plaintiff
No Logo Doris Modglin, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda R MacLean +1 949 721 6636 +1 952 955 5177 linrmac@earthlink.net

Represented by KEITH BARTON & ASSOCIATES PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Gerald Charles Robinson +1 612 803 5981 gerald.robinson@live.com

Represented by Law Offices of Gerardine M. Delambo

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED David B Ketroser +1 952 933 2337 +1 952 933 3669 bakquak@comcast.net

Represented by Warren Benson Law Group

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Phillip E. Benson +1 952 955 3688 +1 952 955 5177 philbenson@warrenbensonlaw.com
ATTORNEY TO BE NOTICED Donald R Warren +1 858 456 1900 +1 858 454 5878 donwarren@warrenbensonlaw.com
No Logo Russ Milko, Plaintiff
No Logo State of Colorado, Plaintiff
No Logo State Of Connecticut, Plaintiff
No Logo State of Delaware, Plaintiff
No Logo STATE OF FLORIDA, Plaintiff
No Logo State of Georgia, Plaintiff
No Logo State of Hawaii, Plaintiff
No Logo State of Illinois, Plaintiff
No Logo State of Indiana, Plaintiff
No Logo State of Iowa, Plaintiff
No Logo State of Louisiana, Plaintiff
No Logo State of Maryland, Plaintiff
No Logo Commonwealth of Massachusetts, Plaintiff
Officially listed as "State of Massachusetts"
No Logo State of Michigan, Plaintiff
No Logo State of Minnesota, Plaintiff
No Logo State of Montana, Plaintiff
No Logo State of Nevada, Plaintiff
No Logo State of New Hampshire, Plaintiff
No Logo State of New Jersey, Plaintiff
No Logo State Of New Mexico, Plaintiff
No Logo State of New York, Plaintiff
No Logo STATE OF NORTH CAROLINA, Plaintiff
No Logo State of Oklahoma, Plaintiff
No Logo State of Rhode Island, Plaintiff
No Logo State of Tennessee, Plaintiff
No Logo State of Texas, Plaintiff
No Logo State of Virginia, Plaintiff
No Logo State of Wisconsin, Plaintiff
No Logo State of California, Plaintiff
Officially listed as "The State of California"

Represented by California Department Of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Steven U Ross +1 619 688 6026 +1 619 688 4200 steven.ross@doj.ca.gov
United States of America United States of America, Plaintiff

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Martin Harris +1 213 894 8817 +1 213 894 2380 david.m.harris@usdoj.gov
v.
No Logo Biomet, Inc., Defendant

Represented by Hogan Lovells LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Michele Walls Sartori +1 202 637 6443 +1 202 637 5910 michele.sartori@hoganlovells.com

Represented by Hogan Lovells US LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jessica Lynn Ellsworth +1 202 637 5600 +1 202 637 5910 JLEllsworth@hhlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dean Hansell +1 310 785 4600 +1 310 785 4601 dean.hansell@hoganlovells.com
No Logo Djo Finance LLC, Defendant
No Logo Djo Global, Inc., Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Andrew C. Bernasconi +1 202 414 9200 abernasconi@reedsmith.com
ATTORNEY TO BE NOTICED Francisca M Mok +1 310 734 5200 +1 310 734 5299 fmok@reedsmith.com
PRO HAC VICE, ATTORNEY TO BE NOTICED THOMAS H. SUDDATH, JR. +1 215 851 8209 +1 215 851 1420 tsuddath@reedsmith.com
No Logo Djo, LLC, Defendant
No Logo Ebi, LLC, Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Francisca M Mok +1 310 734 5200 +1 310 734 5299 fmok@reedsmith.com
No Logo Ebi, LP, Defendant
No Logo Orthofix, Inc., Defendant
Attributes
Citation Section 31 U.S.C. § 3729
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (104) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 102 Filed: 7/1/2015, Entered: None
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 94 filed by Russ Milko, Doris Modglin. CCA # 15-55840. The court's June 17, 2015 order to show cause is vacated as issued in error. (mat) (Entered: 07/02/2015)
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Legal Document (Payment Possibly Required) 101 Filed: 6/25/2015, Entered: None
TRANSCRIPT ORDER as to Qui Tam Plaintiffs Russ Milko, Doris Modglin Court Reporter. Court will contact Phillip E. Benson at philbenson@warrenbensonlaw.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: May 5, 2014. Other: January 12, 2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Benson, Phillip) (Entered: 06/25/2015)
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Legal Document (Payment Possibly Required) 100 Filed: 6/25/2015, Entered: None
NOTICE of Change of firm name by Gerald C Robinson attorney for Plaintiffs Russ Milko, Doris Modglin. Changing firm name to Simmer Law Group, PLLC. Filed by Plaintiffs Russ Milko, Doris Modglin. (Robinson, Gerald) (Entered: 06/25/2015)
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Legal Document (Payment Possibly Required) 99 Filed: 6/23/2015, Entered: None
Notice of Withdrawal of (TERMED) Application to Amend/Correct 92 filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Benson, Phillip) (Entered: 06/23/2015)
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Legal Document (Payment Possibly Required) 98 Filed: 6/17/2015, Entered: None
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 94 filed by Russ Milko, Doris Modglin. CCA # 15-55840. The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. The (9th CCA) Clerk shall serve this order on the district court. [See document for all details] (mat) (Entered: 06/22/2015)
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Legal Document (Payment Possibly Required) 97 Filed: 6/17/2015, Entered: None
NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, JANUARY 12, 2015 10:48 A.M. re Transcript 96 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY (Entered: 06/17/2015)
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Legal Document (Payment Possibly Required) 96 Filed: 6/17/2015, Entered: None
TRANSCRIPT for proceedings held on MONDAY, JANUARY 12, 2015 10:48 A.M. Court Reporter: C. NIRENBERG, CONTACT: www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. NIRENBERG, CONTACT: www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/8/2015. Redacted Transcript Deadline set for 7/18/2015. Release of Transcript Restriction set for 9/15/2015. (Nirenberg, C) (Entered: 06/17/2015)
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Legal Document (Payment Possibly Required) 95 Filed: 6/4/2015, Entered: None
NOTIFICATION by Circuit Court of Appellate Docket Number 15-55840, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 94 as to Plaintiffs Russ Milko, Doris Modglin. (car) (Entered: 06/08/2015)
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Legal Document (Payment Possibly Required) 94 Filed: 6/3/2015, Entered: None
NOTICE OF APPEAL to the 9th CCA filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. Appeal of Judgment 93 (Appeal fee of $505 receipt number 0973-15834179 paid.) (Benson, Phillip) (Entered: 06/03/2015)
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Legal Document (Payment Possibly Required) 93 Filed: 5/19/2015, Entered: None Judgment
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Legal Document (Payment Possibly Required) 93 Filed: 5/8/2015, Entered: None Court Filing
AMENDED JUDGMENT FOR DEFENDANTS by Judge Margaret M. Morrow, Related to: Order on Motion to Dismiss 90 . The action is dismissed. (ah) (Entered: 05/19/2015)
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Legal Document (Payment Possibly Required) 92 Filed: 5/19/2015, Entered: None Amend/Correct
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Legal Document (Payment Possibly Required) 91 Filed: 5/8/2015, Entered: None Judgment
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Legal Document (Payment Possibly Required) 90 Filed: 5/8/2015, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 89 Filed: 1/12/2015, Entered: None Motion Hearing
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Legal Document (Payment Possibly Required) 88 Filed: 12/8/2014, Entered: None
CERTIFICATE OF SERVICE filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC, re Reply (Motion related) 87 served on December 8, 2014. (Mok, Francisca) (Entered: 12/08/2014)
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Legal Document (Payment Possibly Required) 87 Filed: 12/8/2014, Entered: None Reply (Motion related)
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Legal Document (Payment Possibly Required) 86 Filed: 11/24/2014, Entered: None Memorandum in Opposition to Motion
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Legal Document (Payment Possibly Required) 85 Filed: 11/5/2014, Entered: None Leave to File Excess Pages
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Legal Document (Payment Possibly Required) 85 Filed: 11/4/2014, Entered: None Court Filing
ORDER RE: RELATORS' EX PARTE APPLICATION FOR ENLARGEMENT OF PAGE LIMITATIONS RE OPPOSITION TO DEFENDANTS' JOINT MOTION TO DISMISS THE CORRECTED THIRD AMENDED COMPLAINT 84 by Judge Margaret M. Morrow. Having considered the Ex Parte Application for Enlargement of Page Limitations re Opposition to Defendants' Joint Motion to Dismiss the Corrected Third Amended Complaint the court grants the Ex Parte application. The Realtors' request for a 15-page enlargement is granted. (lom) (Entered: 11/05/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 10/30/2014, Entered: None Exceed Page Limitation
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Legal Document (Payment Possibly Required) 83 Filed: 10/22/2014, Entered: None
CERTIFICATE OF SERVICE filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC, re Request for Judicial Notice,, Request for Relief, 82 , Joint MOTION to Dismiss The Corrected Third Amended Complaint 81 served on October 22, 2014. (Mok, Francisca) (Entered: 10/22/2014)
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Legal Document (Payment Possibly Required) 82 Filed: 10/22/2014, Entered: None For Judicial Notice
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Legal Document (Payment Possibly Required) 81 Filed: 10/22/2014, Entered: None Dismiss (cause or other)
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Legal Document (Payment Possibly Required) 80 Filed: 10/7/2014, Entered: None Order
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Legal Document (Payment Possibly Required) 79 Filed: 10/1/2014, Entered: None
STIPULATION for Order Setting Briefing Schedule and Hearing on Motions to Dismiss Corrected Third Amended Complaint filed by Defendant DJO Finance LLC, DJO Global Inc., DJO LLC. (Attachments: # 1 Proposed Order)(Mok, Francisca) (Entered: 10/01/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 9/29/2014, Entered: None
Corrected Third AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, 75 , filed by Plaintiffs Doris Modglin, Russ Milko (Robinson, Gerald) (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 9/29/2014, Entered: None Court Filing
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER DIRECTING PLAINTIFFS TO E-FILE A CORRECTED THIRD AMENDED COMPLAINT 75 by Judge Margaret M. Morrow re: Errata 76 . The court directs Plaintiffs to file a corrected third amended complaint by 5:00 p.m., September 29, 2014. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 09/29/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 9/26/2014, Entered: None ERRATA
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Legal Document (Payment Possibly Required) 75 Filed: 9/22/2014, Entered: None
Third AMENDED COMPLAINT against Defendants Biomet, Inc., DJO Finance LLC, DJO Global Inc., DJO LLC, EBI, LLC, EBI, LP, Orthofix, Inc. amending Amended Complaint 43 , filed by Plaintiff Doris Modglin, Russ Milko (Attachments: # 1 Exhibit A)(Robinson, Gerald) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 9/2/2014, Entered: None Dismiss
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Legal Document (Payment Possibly Required) 73 Filed: 7/7/2014, Entered: None
REQUEST FOR JUDICIAL NOTICE in Support of Their Supplemental Brief in Support of Their Joint Motion to Dismiss Second Amended Complaint filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Mok, Francisca) (Entered: 07/07/2014)
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Legal Document (Payment Possibly Required) 72 Filed: 7/7/2014, Entered: None
SUPPLEMENT to Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities 46 filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC. (Mok, Francisca) (Entered: 07/07/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 7/7/2014, Entered: None
RESPONSE filed by Plaintiffs Russ Milko, Doris Modglin to the Questions Presented in the Court's June 20, 2014 Order (doc. 67) (Benson, Phillip) (Entered: 07/07/2014)
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Legal Document (Payment Possibly Required) 70 Filed: 7/6/2014, Entered: None
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RELATORS' RESPONSES TO COURT'S JUNE 20, 2014 ORDER, filed by Qui Tam Plaintiffs/Relators' Russ Milko, Doris Modglin. (Attachments: # 1 Supplemental Exhibit A, # 2 Supplemental Exhibit B, # 3 Supplemental Exhibit C, # 4 Supplemental Exhibit D, # 5 Supplemental Exhibit E, # 6 Supplemental Exhibit F, # 7 Supplemental Exhibit G, # 8 Supplemental Exhibit H, # 9 Supplemental Exhibit I, # 10 Supplemental Exhibit J, # 11 Supplemental Exhibit K, # 12 Supplemental Exhibit L)(Benson, Phillip) (Entered: 07/06/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 6/25/2014, Entered: None
NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, MAY 5, 2014 10:11 A.M. re Transcript 68 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY (Entered: 06/25/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 6/25/2014, Entered: None
TRANSCRIPT for proceedings held on MONDAY, MAY 5, 2014 10:11 A.M. Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com, or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/16/2014. Redacted Transcript Deadline set for 7/26/2014. Release of Transcript Restriction set for 9/23/2014. (Nirenberg, C) (Entered: 06/25/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 6/20/2014, Entered: None Court Filing
MINUTE ORDER IN CHAMBERS ORDER DIRECTING PARTIES TO FILE SUPPLEMENTAL BRIEFING by Judge Margaret M. Morrow: re: Order on Motion to Dismiss 66 . The court, on its own motion, directs the parties to file supplemental briefs on or before July 7, 2014. See order for details. (ah) (Entered: 06/23/2014)
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Blank 66 Filed: 5/5/2014, Entered: None Court Filing
MINUTES OF Defendant's Motion to Dismiss 2nd Amended Complaint, 46 ; Motion Hearing held before Judge Margaret M. Morrow: The court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, the court takes the motion under submission. Court Reporter: C. Nirenberg. (lw) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 5/1/2014, Entered: None Court Filing
TEXT ONLY ENTRY (IN CHAMBERS) by Judge Margaret M. Morrow. The Scheduling Conference previously scheduled for 5/5/2014 at 10:00 am is hereby vacated. Defendant's Motion to Dismiss the Second Amended Complaint 46 remains on calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 4/24/2014, Entered: None
Notice of Appearance or Withdrawal of Counsel: for attorney Linda R MacLean counsel for Plaintiffs Russ Milko, Doris Modglin. Adding Linda R. MacLean as attorney as counsel of record for Doris Modglin and Russ Milko for the reason indicated in the G-123 Notice. Filed by Qui Tam Plaintiffs Doris Modglin and Russ Milko. (Attorney Linda R MacLean added to party Russ Milko(pty:pla), Attorney Linda R MacLean added to party Doris Modglin(pty:pla))(MacLean, Linda) (Entered: 04/24/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 4/14/2014, Entered: None
REPLY In Support Of Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities 46 Joint filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC. (Mok, Francisca) (Entered: 04/14/2014)
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Legal Document (Payment Possibly Required) 62 Filed: 3/22/2014, Entered: None
NOTICE OF ERRATA filed by Plaintiffs Russ Milko, Doris Modglin. correcting MEMORANDUM in Opposition to Motion 60 by Defendants to Dismiss Second Amended Complaint (Attachments: # 1 (Corrected) Relators' Opposition to Defendants' Motion to Dismiss Second Amended Complaint)(Benson, Phillip) (Entered: 03/22/2014)
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Legal Document (Payment Possibly Required) 61 Filed: 3/19/2014, Entered: None
REQUEST FOR JUDICIAL NOTICE re Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities 46 In Support of Relators' Memorandum in Opposition to Defendants' Joint Motion to Dismiss Second Amended Complaint 60 filed by Qui Tam Plaintiffs/Relators Russ Milko, Doris Modglin. (Attachments: # 1 Exhibit A, pages 10-43, # 2 Exhibit B, pages 44-49, # 3 Exhibit C, pages 50-62, # 4 Exhibit D, pages 63-66, # 5 Exhibit E, pages 67-73, # 6 Exhibit F, pages 74-87, # 7 Exhibit G, pages 88-90, # 8 Exhibit H, pages 91-102, # 9 Exhibit I, pages 103-133, # 10 Exhibit J, pages 134-146, # 11 Exhibit K, pages 147-157, # 12 Exhibit L, pages 158-175, # 13 Exhibit M, pages 176-191, # 14 Exhibit N, pages 192-203, # 15 Exhibit O, pages 204-210, # 16 Exhibit P, pages 211-224, # 17 Exhibit Q, pages 225-253, # 18 Exhibit R, pages 254-256, # 19 Exhibit S, pages 257-265, # 20 Exhibit T, pages 266-277)(Benson, Phillip) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 60 Filed: 3/19/2014, Entered: None
MEMORANDUM in Opposition to Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities 46 filed by Plaintiffs Russ Milko, Doris Modglin. (Benson, Phillip) (Entered: 03/19/2014)
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Legal Document (Payment Possibly Required) 59 Filed: 3/5/2014, Entered: None Court Filing
SCHEDULING NOTICE CONTINUING SCHEDULING CONFERENCE by Judge Margaret M. Morrow previously scheduled for 3/10/2014 9:00 AM has been rescheduled. The court, on its own motion, continues the Scheduling Conference to 5/5/2014 10:00 AM before Judge Margaret M. Morrow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 03/05/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 2/28/2014, Entered: None
JOINT REPORT Rule 26(f) Discovery Plan Preliminary Report ; estimated length of trial 10 days, filed by Plaintiffs Russ Milko, Doris Modglin.. (Robinson, Gerald) (Entered: 02/28/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 2/20/2014, Entered: None Court Filing
ORDER GRANTING DEFENDANTS' MOTION TO STAY DISCOVERY 51 by Judge Margaret M. Morrow: The court grants defendants' motion to stay discovery until defendants' motion to dismiss the second amended complaint has been decided. (ah) (Entered: 02/20/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 2/16/2014, Entered: None
NOTICE OF ERRATA filed by Plaintiffs Russ Milko, Doris Modglin. correcting MEMORANDUM in Opposition to Motion 55 by Defendants to Stay Discovery (Attachments: # 1 Corrected - Relators' Opposition to Defendants' Motion to Stay Discovery)(Benson, Phillip) (Entered: 02/16/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 2/14/2014, Entered: None
MEMORANDUM in Opposition to Joint MOTION to Stay pending resolution of Defendants' Joint Motion to Dismiss the Second Amended Complaint Stay Discovery 51 filed by Plaintiffs Russ Milko, Doris Modglin. (Benson, Phillip) (Entered: 02/14/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 2/6/2014, Entered: None Court Filing
TEXT ONLY ENTRY DENYING STIPULATION AS MOOT by Judge Margaret M. Morrow re: Stipulation for Hearing, 52 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY (Entered: 02/06/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 2/5/2014, Entered: None Court Filing
IN CHAMBERS ORDER SETTING BRIEFING SCHEDULE; TAKING MOTION OFF CALENDAR 51 by Judge Margaret M. Morrow: The court finds the matter appropriate for decision without oral argument. The hearing calendared for March 10, 2014, is vacated and the matter is taken off calendar. Plaintiffs are directed to file opposition on or before February 14, 2014. Any reply must be filed on or before February 21, 2014. (ah) (Entered: 02/06/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 1/30/2014, Entered: None
STIPULATION for Hearing re Joint MOTION to Stay pending resolution of Defendants' Joint Motion to Dismiss the Second Amended Complaint Stay Discovery 51 filed by Defendant Biomet, Inc.. (Attachments: # 1 Proposed Order)(Hansell, Dean) (Entered: 01/30/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 1/30/2014, Entered: None Court Filing
NOTICE OF MOTION AND Joint MOTION to Stay pending resolution of Defendants' Joint Motion to Dismiss the Second Amended Complaint Stay Discovery filed by Defendant Biomet, Inc.. Motion set for hearing on 3/10/2014 at 09:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Hansell, Dean) (Entered: 01/30/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 1/28/2014, Entered: None Court Filing
ORDER DISMISSING DEFENDANTS DJO GLOBAL, INC. AND DJO FINANCE LLC WITHOUT PREJUDICE, AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS THE SECOND AMENDED COMPLAINT by Judge Margaret M. Morrow, re Stipulation to Dismiss Party, Stipulation for Order 49 : IT IS HEREBY ORDERED that: 1. The claims in Qui Tam Plaintiffs'/Relators' Second Amended Complaint against Defendants DJO Global, Inc. and DJO Finance LLC are dismissed pursuant to Fed. R. Civ. P. 41 without prejudice to Plaintiffs or to the United States; 2. Qui Tam Plaintiffs'/Relators' Opposition, if any, to Defendants DJO LLC, Biomet Inc., and EBI LLC f/k/a EBI LP's Joint Motion to Dismiss the Second Amended Complaint shall be filed on or before March 19, 2014; and 3. Defendants DJO LLC, Biomet Inc., and EBI LLC f/k/a EBI LP's Reply, if any, to Qui Tam Plaintiffs'/Relators' Opposition, if any, shall be due on or before April 14, 2014. (bm) (Entered: 01/28/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 1/22/2014, Entered: None
STIPULATION to Dismiss Defendants DJO Finance LLC, DJO Global Inc., STIPULATION for Order Setting Briefing Schedule for Motion to Dismiss Second Amended Complaint filed by Defendants DJO Finance LLC, DJO LLC, DJO Global Inc.. (Attachments: # 1 Proposed Order)(Mok, Francisca) (Entered: 01/22/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 1/21/2014, Entered: None Court Filing
ORDER SETTING SCHEDULING CONFERENCE by Judge Margaret M. Morrow. Rule 26 Meeting Report due by 2/28/2014. Scheduling Conference set for 3/10/2014 09:00 AM before Judge Margaret M. Morrow. (ah) (Entered: 01/21/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 1/20/2014, Entered: None
REQUEST FOR JUDICIAL NOTICE re Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities 46 filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC, EBI, LP. (Attachments: # 1 Exhibit)(Mok, Francisca) (Entered: 01/20/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 1/20/2014, Entered: None Court Filing
NOTICE OF MOTION AND Joint MOTION to Dismiss Second Amended Complaint ; Memorandum of Points and Authorities filed by Defendants Biomet, Inc., DJO LLC, EBI, LLC, EBI, LP. Motion set for hearing on 5/5/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order)(Mok, Francisca) (Entered: 01/20/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 12/20/2013, Entered: None Court Filing
IN CHAMBERS Order Clarifying Prior Ruling Accepting Filing of Second Amended Complaint by Judge Margaret M. Morrow: The court construes defendants' notice of non-opposition as their stipulation to the filing of a second amended complaint; as a result, the court deems plaintiffs second amended complaint. See order for further details. (ah) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 12/18/2013, Entered: None
NOTICE OF NON-OPPOSITION to MOTION for Order for Filing, Pursuant to Rule 15, of Second Amended Complaint (Revised) 33 Defendants DJO Global, Inc., DJO LLC, DJO Finance LLC, Biomet, Inc. and EBI LLC f/k/a EBI LP's Joint Response to Relators' Motion to File Second Amended Complaint filed by Defendants DJO Finance LLC, DJO Global Inc., DJO LLC. (Mok, Francisca) (Entered: 12/18/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 11/8/2013, Entered: None
SECOND AMENDED COMPLAINT against defendants Biomet, Inc., DJO Finance LLC, DJO Global Inc., DJO LLC, EBI, LP, EBI, LLC; Party State of New Hampshire terminated amending Complaint 1 , filed by plaintiffs Doris Modglin, Russ Milko. (bm) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 12/11/2013, Entered: None Court Filing
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Plaintiff Second Amended Complaint submitted by Plaintiffs Russ Milko, Doris Modglin received on 11/8/13 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (bm) (Entered: 12/16/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 12/3/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 40 Application to Appear Pro Hac Vice by Attorney Andrew C. Bernasconi on behalf of Defendants DJO Finance LLC, DJO Global Inc. and DJO LLC, designating Francisca M. Mok as local counsel. (lt) (Entered: 12/03/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 11/25/2013, Entered: None
APPLICATION for attorney Andrew C. Bernasconi to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13034080 paid.) filed by Defendants DJO Finance LLC, DJO Global Inc., DJO LLC. (Attachments: # 1 Proposed Order)(Mok, Francisca) (Entered: 11/25/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 11/18/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 35 Application to Appear Pro Hac Vice by Attorney Thomas H. Suddath on behalf of Defendants DJO Finance LLC, DJO Global Inc. and DJO LLC, designating Francisca M. Mok as local counsel. (lt) (Entered: 11/20/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 11/15/2013, Entered: None
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata 37 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Miscellaneous Filings (Non-Motion)-Errata. Other error(s) with document(s): Document should be linked back to motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 11/15/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 11/12/2013, Entered: None
NOTICE of Errata re Relators' Notice of Motion and Motion, Pursuant to Rule 15, to File Second Amended Complaint (Revised) filed by Relators' Russ Milko, Doris Modglin. (In Compliance with Order at Dkt 36 Requiring the Relators to Attach the proposed Second Amended Complaint to Relators' Rule 15 Motion) (Attachments: # 1 Relators' Notice of Motion and Motion, Pursuant to Rule 15, to File Second Amended Complaint (Revised), # 2 Second Amended Complaint (Revised) for Violation of Federal and State False Claims Acts, # 3 Proposed Order re Relators' Motion, Pursuant to Rule 15, to File Second Amended Complaint (Revised))(Benson, Phillip) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 11/8/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow, re Stipulation for Order Re Plaintiffs Second Amended Complaint (And Motion Thereon) and Defendants Extension of Time to Answer or Otherwise Respond to Operative Complaint 25 . (rne) (Entered: 11/12/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 11/11/2013, Entered: None
APPLICATION for attorney Thomas H. Suddath to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12963596 paid.) filed by Defendants DJO Finance LLC, DJO Global Inc., DJO LLC. (Attachments: # 1 Proposed Order)(Mok, Francisca) (Entered: 11/11/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 11/8/2013, Entered: None
PROOF OF SERVICE filed by Qui Tam Plaintiffs' Russ Milko, Doris Modglin, re MOTION for Order for Filing, Pursuant to Rule 15, of Second Amended Complaint (Revised) 33 and Proposed Order electronically served on November 8, 2013. (Benson, Phillip) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 11/8/2013, Entered: None Court Filing
NOTICE OF MOTION AND MOTION for Order for Filing, Pursuant to Rule 15, of Second Amended Complaint (Revised) filed by Relators' Russ Milko, Doris Modglin. Motion set for hearing on 2/10/2014 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: # 1 Proposed Order re Relators' Motion, Pursuant to Rule 15, to File Second Amended Complaint (Revised))(Benson, Phillip) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 11/8/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 26 Application to Appear Pro Hac Vice by Attorney Michele Sartori on behalf of defendants, designating Dean Hansell as local counsel. (ak) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 11/8/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 28 Application to Appear Pro Hac Vice by Attorney Jessica Ellsworth on behalf of defendant, designating Dean Hansell as local counsel. (ak) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 11/5/2013, Entered: None
of Interested Parties filed by Defendants Biomet, Inc., EBI, LP, identifying Biomet, Inc., EBI LLC f/k/a/ EBI LP. (Hansell, Dean) (Entered: 11/05/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 11/5/2013, Entered: None
NOTICE of Appearance filed by attorney Dean Hansell on behalf of Defendants Biomet, Inc., EBI, LP (Hansell, Dean) (Entered: 11/05/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 11/4/2013, Entered: None
APPLICATION for attorney Jessica L. Ellsworth to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Biomet, Inc., EBI, LP. (Attachments: # 1 Proposed Order)(Hansell, Dean) (Entered: 11/04/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 11/1/2013, Entered: None
CERTIFICATION AND NOTICE of Interested Parties filed by Defendants DJO Finance LLC, DJO Global Inc., DJO LLC, identifying DJO Global, Inc.; DJO LLC and DJO Finance LLC. (Attorney Francisca M Mok added to party DJO Finance LLC(pty:dft), Attorney Francisca M Mok added to party DJO Global Inc.(pty:dft), Attorney Francisca M Mok added to party DJO LLC(pty:dft))(Mok, Francisca) (Entered: 11/01/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 10/31/2013, Entered: None
APPLICATION for attorney Michele W. Sartori to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendants Biomet, Inc., EBI, LP. (Attachments: # 1 Proposed Order)(Attorney Dean Hansell added to party Biomet, Inc.(pty:dft), Attorney Dean Hansell added to party EBI, LP(pty:dft))(Hansell, Dean) (Entered: 10/31/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 10/31/2013, Entered: None
Joint STIPULATION for Order re Plaintiffs' Second Amended Complaint (and Motion Thereon) and Defendants' Extension of Time to Answer or Otherwise Respond to Operative Complaint filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Attachments: # 1 Proposed Order re Plaintiffs' Second Amended Complaint (and Motion Thereon) and Defendants' Extension of Time to Answer or Otherwise Respond to Operative Complaint, # 2 Proof of Service by Electronic Mail)(Benson, Phillip) (Entered: 10/31/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 10/17/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 22 Application to Appear Pro Hac Vice by Attorney Gerald Robinson on behalf of Doris Modglin and Russ Milko, designating Phillip Benson as local counsel. (ak) (Entered: 10/21/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 10/10/2013, Entered: None
21 DAY Summons Issued re First Amended Complaint 8 as to Defendants Biomet, Inc., DJO Finance LLC, DJO Global Inc., EBI, LP, Orthofix, Inc. (bm) (Entered: 10/17/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 10/16/2013, Entered: None
Renewed APPLICATION for attorney Gerald C. Robinson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12843611 paid.) filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Benson, Phillip) (Entered: 10/16/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 10/16/2013, Entered: None
Notice of Withdrawal of Application to Appear Pro Hac Vice, 20 filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Benson, Phillip) (Entered: 10/16/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 10/7/2013, Entered: None
APPLICATION for attorney Gerald C. Robinson to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Attachments: # 1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Benson, Phillip) (Entered: 10/07/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 10/3/2013, Entered: None Court Filing
ORDER DISMISSING ACTION AGAINST DEFENDANT ORTHOFIX WITHOUT PREJUDICE by Judge Margaret M. Morrow, re REQUEST to Dismiss defendant Orthofix, Inc. Without Prejudice 18 . IT IS ORDERED that the Court consents to the dismissal of the action against defendant Orthofix without prejudice and dismisses the action against defendant Orthofix without prejudice., Orthofix, Inc. terminated. (bp) (Entered: 10/03/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 10/2/2013, Entered: None
REQUEST to Dismiss defendant Orthofix, Inc. Without Prejudice filed by Qui Tam Plaintiffs Doris Modglin, Russ Milko. (Attachments: # 1 Proposed Order Dismissing Action Against Defendant Orthofix Without Prejudice)(Benson, Phillip) (Entered: 10/02/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 8/27/2013, Entered: None Court Filing
ORDER by Judge Margaret M. Morrow: granting 16 Application to Appear Pro Hac Vice by Attorney David B. Ketroser on behalf of Plaintiffs, designating Phillip E. Benson as local counsel. (lt) (Entered: 08/28/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 8/27/2013, Entered: None
APPLICATION for attorney David B. Ketroser, MD to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-12611684 paid.) filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Attachments: # 1 Proposed Order On Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Benson, Phillip) (Entered: 08/27/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 8/9/2013, Entered: None Court Filing
ORDER RE STIPULATION FOR SERVICE BY ELECTRONIC MAIL by Judge Margaret M. Morrow, re Stipulation for Order[14. IT IS HEREBY ORDERED as follows: All matter in this action required to be served on the States and the District of Columbia, including pleadings, motions, memoranda in support of motions, notice of appeal and order, may be served by electronic mail on the following representatives of the States and the District of Columbia at their below listed e-mail addresses in lieu of other forms of service. (See document for details) (bp) (Entered: 08/12/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 7/25/2013, Entered: None
STIPULATION for Order Allowing Service by Electronic Mail filed by Qui Tam Plaintiffs Russ Milko, Doris Modglin. (Attachments: # 1 Proposed Order Re Stipulation for Service by Electronic Mail)(Benson, Phillip) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 7/19/2013, Entered: None
ORDER ON THE STATES' JOINT NOTICE OF ELECTION TO DECLINE INTERVENTION. (mat) (Main Document 13 replaced on 9/5/2013) (mat). Modified on 9/5/2013 (mat). (Entered: 07/22/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 7/19/2013, Entered: None
STATES' JOINT NOTICE OF ELECTION TO DECLINE INTERVENTION. (mat) (Main Document 12 replaced on 9/5/2013) (mat). (Entered: 07/22/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 7/5/2013, Entered: None Court Filing
TEXT ENTRY ONLY: Judge Margaret M. Morrow is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at MMM_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ah) TEXT ONLY ENTRY (Entered: 07/05/2013)
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Sealed Legal Document 10 Filed: 5/23/2013, Entered: None
SEALED DOCUMENT- ORDER re: Election of the United States of America to Decline Intervention and Unsealing of Complaint. (mat) (Entered: 05/28/2013)
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Sealed Legal Document 9 Filed: 5/17/2013, Entered: None
SEALED DOCUMENT- NOTICE of Election by the United States of America to Decline Intervention. (mat) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 12/26/2012, Entered: None
First Amended Complaint (mat) (Main Document 8 replaced on 1/24/2013) (mat). (Main Document 8 replaced on 9/5/2013) (mat). (Entered: 01/02/2013)
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Sealed Legal Document 7 Filed: 12/5/2012, Entered: None
SEALED DOCUMENT- ORDER Extending Seal and Intervention Election Period. (mat) (Entered: 12/11/2012)
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Sealed Legal Document 6 Filed: 11/14/2012, Entered: None
SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Stipulation and [Proposed] Order Extending Seal and Intervention Election Period; Declaration of David M. Harris. (mat) (Entered: 11/15/2012)
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Sealed Legal Document 5 Filed: 11/14/2012, Entered: None
SEALED DOCUMENT- STIPULATION Extending Seal and Intervention Election Period. (mat) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 8/20/2012, Entered: None
NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to David B. Ketroser, M.D. for Plaintiffs Russ Milko, Doris Modglin. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U. S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (esa) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 8/20/2012, Entered: None
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(esa) (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 8/20/2012, Entered: None
NOTICE OF INTERESTED PARTIES FILED IN CAMERA filed by plaintiffs Russ Milko, Doris Modglin. (esa) Modified on 8/20/2012 (esa). (Entered: 08/20/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 8/20/2012, Entered: None Court Filing
COMPLAINT against defendants Biomet, Inc., DJO Finance LLC, DJO Global Inc., DJO LLC, EBI, LP, Orthofix, Inc. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Jay C. Gandhi.(Filing fee $ 350 PAID); Jury Demanded; filed by plaintiffs Doris Modglin, Russ Milko.(esa) [NO SUMMONS ISSUED] Modified on 8/20/2012 (esa). Modified on 8/20/2012 (esa). (Main Document 1 replaced on 9/5/2013) (mat). Modified on 9/5/2013 (mat). (Entered: 08/20/2012)
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