United States of America ex rel. v. Medtronic, Inc.

Federal Civil Lawsuit California Central District Court, Case No. 2:15-cv-01212
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Last Updated December 5, 2024 at 5:38 PM EST (1.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo State of Colorado, Plaintiff
No Logo State of Delaware, Plaintiff
No Logo State of Montana, Plaintiff
No Logo State of Arkansas, Plaintiff
No Logo State of California, Plaintiff
No Logo State Of Connecticut, 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 State of Massachusettes, Plaintiff
No Logo State of Michigan, Plaintiff
No Logo State of Minnesota, Plaintiff
No Logo State of Missouri, 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 The District of Columbia, Plaintiff
No Logo State of Virginia, Plaintiff
No Logo State Of Washington, Plaintiff
No Logo State of Wisconsin, Plaintiff
No Logo The Dan Abrams Company LLC, Plaintiff

Represented by Kershaw, Cutter & Ratinoff, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED C Brooks Cutter +1 916 448 9800 +1 916 669 4499 bcutter@kcrlegal.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Robert Parker, Jr. +1 916 448 9800 +1 916 669 4499 jparker@kcrlegal.com

Represented by The Law Office Of Mychal Wilson

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mychal Wilson +1 424 252 4232 +1 310 424 7116 mychal@mychalwilsonesq.com
United States of America United States of America, Plaintiff

Represented by United States Attorney's Office

Name Phone Fax E-Mail
TERMINATED: 12/20/2016, ATTORNEY TO BE NOTICED Brian P Villarreal +1 213 894 0620 +1 213 894 2380 brian.villarreal@usdoj.gov
ATTORNEY TO BE NOTICED Brent A Whittlesey +1 213 894 2445 +1 213 894 5900 brent.whittlesey@usdoj.gov
v.
No Logo Humacao, Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Kevin Brown +1 213 457 8000 +1 213 457 8080 mkbrown@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michelle Lyu Cheng +1 213 457 8000 +1 213 457 8080 mcheng@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mildred Y Segura +1 213 457 8000 +1 213 457 8080 msegura@reedsmith.com

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Emily J. Derr +1 617 235 4843 emily.derr@ropesgray.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James P. Dowden +1 617 951 7970 james.dowden@ropesgray.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
Medtronic, Inc. Medtronic, Inc., Defendant
Officer/Director, Antivirals, Inc.
Officer/Director, Cambridge Heart, Inc.
Officer/Director, Tengion, Inc.

Represented by Reed Smith LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Kevin Brown +1 213 457 8000 +1 213 457 8080 mkbrown@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michelle Lyu Cheng +1 213 457 8000 +1 213 457 8080 mcheng@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mildred Y Segura +1 213 457 8000 +1 213 457 8080 msegura@reedsmith.com

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Emily J. Derr +1 617 235 4843 emily.derr@ropesgray.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James P. Dowden +1 617 951 7970 james.dowden@ropesgray.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
No Logo Medtronic plc, Defendant

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
No Logo Medtronic Puerto Rico Operations Co., Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Kevin Brown +1 213 457 8000 +1 213 457 8080 mkbrown@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michelle Lyu Cheng +1 213 457 8000 +1 213 457 8080 mcheng@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mildred Y Segura +1 213 457 8000 +1 213 457 8080 msegura@reedsmith.com

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Emily J. Derr +1 617 235 4843 emily.derr@ropesgray.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James P. Dowden +1 617 951 7970 james.dowden@ropesgray.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
No Logo Medtronic Sofamor Danek Deggendorf GMBH, Defendant

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
No Logo Medtronic Sofamor Danek USA, Inc., Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Kevin Brown +1 213 457 8000 +1 213 457 8080 mkbrown@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michelle Lyu Cheng +1 213 457 8000 +1 213 457 8080 mcheng@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mildred Y Segura +1 213 457 8000 +1 213 457 8080 msegura@reedsmith.com

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Emily J. Derr +1 617 235 4843 emily.derr@ropesgray.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James P. Dowden +1 617 951 7970 james.dowden@ropesgray.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
No Logo Warsaw Orthopedic, Inc., Defendant

Represented by Reed Smith LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Kevin Brown +1 213 457 8000 +1 213 457 8080 mkbrown@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michelle Lyu Cheng +1 213 457 8000 +1 213 457 8080 mcheng@reedsmith.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Mildred Y Segura +1 213 457 8000 +1 213 457 8080 msegura@reedsmith.com

Represented by Ropes & Gray LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Emily J. Derr +1 617 235 4843 emily.derr@ropesgray.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James P. Dowden +1 617 951 7970 james.dowden@ropesgray.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Laura G. Hoey, PHV +1 312 845 1200 +1 312 845 5500 laura.hoey@ropesgray.com
Attributes
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NOTICE OF FILING TRANSCRIPT filed for proceedings 2/13/17, 8:30 AM re Transcript 76 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Joko, Alexander) TEXT ONLY ENTRY (Entered: 03/09/2017)
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TRANSCRIPT for proceedings held on 2/13/17, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (Joko, Alexander) (Entered: 03/09/2017)
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(IN CHAMBERS) ORDER SETTING DATE FOR NOTICE OF SETTLEMENT OR JOINT REPORT RE STATUS OF SETTLEMENT by Judge John A. Kronstadt: The Court has reviewed the parties' Joint Report re Mediation (Dkt. 74 ) indicating that they have agreed to participate in private mediation with the Hon. Edward Panelli (Ret.) in the summer of 2017. Accordingly, the Court directs the parties to file a notice of settlement or a joint report by September 5, 2017. If a settlement is reached, the notice shall include a date by which a dismissal will be filed. If a settlement is not reached, the joint report shall include whether discussions are ongoing or a further session with Judge Panelli (Ret.) is scheduled and, if so, when the discussions or session will conclude. The report shall not disclose the substantive contents of the settlement discussions held between the parties. The Court will determine whether to set a hearing upon review of the joint report. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 03/01/2017)
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(IN CHAMBERS) ORDER DIRECTING COUNSEL TO ADHERE TO COURT'S ORDER AND FILE JOINT REPORT (DKT. 70 ) by Judge John A. Kronstadt: On February 13, 2017, the Court ordered the parties to file a Joint Report by February 26, 2017, regarding the agreed upon private neutral, the anticipated date of its completion, and whether the parties prefer the Court to set dates with respect to settlement or leave it to the parties. Dkt. 70. Counsel shall file the report no later than February 28, 2017. Counsel are reminded to adhere to the deadlines set by the Court. Any future failure to do so may result in the imposition of sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 02/27/2017)
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TRANSCRIPT ORDER as to Defendants Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc. for Court Reporter. Court will contact Mildred Segura at msegura@reedsmith.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Segura, Mildred) (Entered: 02/15/2017)
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Legal Document (Payment Possibly Required) 71 Filed: 2/14/2017, Entered: None Unknown Document Type
TRANSCRIPT ORDER as to Relator The Dan Abrams Company LLC for Court Reporter. Court will contact Adriana Ellis at aellis@cutterlaw.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cutter, C) (Entered: 02/14/2017)
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Legal Document (Payment Possibly Required) 70 Filed: 2/14/2017, Entered: None Dismiss Case
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Legal Document (Payment Possibly Required) 70 Filed: 2/13/2017, Entered: None Unknown Document TypeCourt Filing
MINUTES OF DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT (DKT. 57 ); SCHEDULING CONFERENCE held before Judge John A. Kronstadt. The Court takes the Motion UNDER SUBMISSION and an order will be issued. Plaintiff shall file an amended complaint on or before April 3, 2017. Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine set for July 16, 2018 03:00 PM before Judge John A. Kronstadt. Jury Trial set for July 31, 2018 09:00 AM before Judge John A. Kronstadt. The Court grants the parties' request to participate in a settlement conference with a private neutral. Court Reporter: Alex Joko. (ah) (Entered: 02/14/2017)
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Legal Document (Payment Possibly Required) 69 Filed: 2/13/2017, Entered: None Order/Referral to ADR (No 3) (Private Mediator) (ADR-12)
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Legal Document (Payment Possibly Required) 68 Filed: 2/3/2017, Entered: None Joint Report Rule 26(f) Discovery Plan
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Legal Document (Payment Possibly Required) 67 Filed: 1/9/2017, Entered: None Reply (Motion related)
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Legal Document (Payment Possibly Required) 66 Filed: 12/21/2016, Entered: None Unknown Document Type
Notice of Appearance or Withdrawal of Counsel: for attorney Brent A Whittlesey counsel for Plaintiff United States of America. Adding Brent A. Whittlesey as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Real Party in Interest United States of America. (Attorney Brent A Whittlesey added to party United States of America(pty:pla))(Whittlesey, Brent) (Entered: 12/21/2016)
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Legal Document (Payment Possibly Required) 65 Filed: 12/20/2016, Entered: None Unknown Document Type
Notice of Appearance or Withdrawal of Counsel: for attorney Brian P Villarreal counsel for Plaintiff United States of America. Brian P. Villarreal is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Real Party In Interest United States of America. (Villarreal, Brian) (Entered: 12/20/2016)
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Legal Document (Payment Possibly Required) 64 Filed: 12/9/2016, Entered: None Objection/Opposition (Motion related)
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Legal Document (Payment Possibly Required) 63 Filed: 12/9/2016, Entered: None Unknown Document TypeCourt Filing
(IN CHAMBERS) ORDER NOTIFYING PARTIES OF CHANGE OF ADDRESS FOR COURT by Judge John A. Kronstadt: Effective December 19, 2016, Judge Kronstadt will relocate to the 1st Street Courthouse. His new address is 350 W. 1st Street, Courtroom 10B, Los Angeles, California 90012. All mandatory chambers copies shall be hand delivered to the mailbox for this Court outside the Clerk's Office, which is located on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/09/2016)
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Legal Document (Payment Possibly Required) 62 Filed: 10/21/2016, Entered: None Unknown Document Type
Joint STIPULATION for Extension of Time to File STIPULATED PER STANDING ODER FOR MODIFICATION OF OPPOSITION AND REPLY DEADLINES FOR DEFENDANTS MOTION TO DISMISS THE FIRST AMENDED COMPLAINT filed by Relator The Dan Abrams Company LLC.(Parker, John) (Entered: 10/21/2016)
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Legal Document (Payment Possibly Required) 61 Filed: 10/17/2016, Entered: None Declaration
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Legal Document (Payment Possibly Required) 60 Filed: 10/17/2016, Entered: None Order
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Legal Document (Payment Possibly Required) 59 Filed: 10/14/2016, Entered: None Unknown Document Type
NOTICE OF LODGING filed APPENDIX OF STATE STATUTES OF LIMITATIONS CITED re NOTICE OF MOTION AND MOTION to Dismiss Case [First Amended Complaint] 57 (Hoey, Laura) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 58 Filed: 10/14/2016, Entered: None For Judicial Notice
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Legal Document (Payment Possibly Required) 57 Filed: 10/14/2016, Entered: None Dismiss Case
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Legal Document (Payment Possibly Required) 56 Filed: 10/14/2016, Entered: None Unknown Document Type
DEMAND for Jury Trial filed by Defendants Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc... (Hoey, Laura) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 55 Filed: 10/14/2016, Entered: None Unknown Document Type
CERTIFICATE of Interested Parties filed by Defendants Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc., (Attorney Laura G Hoey added to party Medtronic PLC(pty:dft), Attorney Laura G Hoey added to party Medtronic Sofamor Danek Deggendorf GMBH(pty:dft))(Hoey, Laura) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 54 Filed: 10/14/2016, Entered: None Corporate Disclosure Statement
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Legal Document (Payment Possibly Required) 53 Filed: 10/14/2016, Entered: None Unknown Document Type
CERTIFICATION AND NOTICE of Interested Parties filed by Relator The Dan Abrams Company LLC, identifying BRYAN J. SHAPIRO as the sole member of Relator, THE DAN ABRAMS COMPANY, LLC. (Parker, John) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 52 Filed: 8/26/2016, Entered: None Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 52 Filed: 8/25/2016, Entered: None Unknown Document TypeCourt Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting 46 Non-Resident Attorney Laura G. Hoey APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Medtronic Inc., Medtronic Sofamor Dnek USA Inc., Warsaw Orthopedice Inc., and Medtronic Puerto Rico Operations Co., Humacao, designating Michael K. Brown as local counsel. (bp) (Entered: 08/26/2016)
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Legal Document (Payment Possibly Required) 51 Filed: 8/26/2016, Entered: None Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 51 Filed: 8/25/2016, Entered: None Unknown Document TypeCourt Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge John A. Kronstadt: granting 44 Non-Resident Attorney James P. Dowden APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Medtronic Inc., Medtronic Sofamor Dnek USA Inc., Warsaw Orthopedice Inc., and Medtronic Puerto Rico Operations Co., Humacao, designating Michael K. Brown as local counsel. (bp) (Entered: 08/26/2016)
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Legal Document (Payment Possibly Required) 50 Filed: 8/26/2016, Entered: None Appear Pro Hac Vice
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Legal Document (Payment Possibly Required) 50 Filed: 8/25/2016, Entered: None Unknown Document TypeCourt Filing
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting 45 Non-Resident Attorney Emily J. Derr APPLICATION to Appear Pro Hac Vice on behalf of Defendants, Medtronic Inc., Medtronic Sofamor Dnek USA Inc., Warsaw Orthopedice Inc., and Medtronic Puerto Rico Operations Co., Humacao, designating Michael K. Brown as local counsel. (bp) (Entered: 08/26/2016)
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Legal Document (Payment Possibly Required) 49 Filed: 8/19/2016, Entered: None Unknown Document Type
NOTICE OF LODGING filed (Executed Signature Page) re APPLICATION of Non-Resident Attorney Laura G. Hoey to Appear Pro Hac Vice on behalf of Defendants Humacao, Medtronic Inc., Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc. (Pro Hac Vice Fee - Fee Paid 46 (Brown, Michael) (Entered: 08/19/2016)
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Legal Document (Payment Possibly Required) 48 Filed: 8/19/2016, Entered: None Response By Court to Notice of Deficiencies (G-112B)
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Legal Document (Payment Possibly Required) 47 Filed: 8/19/2016, Entered: None Unknown Document Type
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION of Non-Resident Attorney Laura G. Hoey to Appear Pro Hac Vice on behalf of Defendants Humacao, Medtronic Inc., Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc. (Pro Hac Vice Fee - Fee Paid 46 . The following error(s) was found: Other error(s) with document(s) are specified below: Missing page 2 where non-resident attorney's signature is required. 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. (lom) (Entered: 08/19/2016)
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Legal Document (Payment Possibly Required) 46 Filed: 8/18/2016, Entered: None Appear Pro Hac Vice (G-64)
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Legal Document (Payment Possibly Required) 45 Filed: 8/18/2016, Entered: None Appear Pro Hac Vice (G-64)
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Legal Document (Payment Possibly Required) 44 Filed: 8/18/2016, Entered: None Appear Pro Hac Vice (G-64)
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Legal Document (Payment Possibly Required) 43 Filed: 8/8/2016, Entered: None Extending Answer Due Deadline
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Legal Document (Payment Possibly Required) 43 Filed: 8/5/2016, Entered: None Unknown Document Type
ORDER GRANTING STIPULATION AND REQUEST TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT, granting Stipulation to Extend Time to Answer (More than 30 days),, 40 . IT IS ORDERED THAT: The deadline to respond to the First Amended Complaint is extended to October 14, 2016 for all Defendants. There will be no further extension of this deadline. (bp) (Entered: 08/08/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 8/4/2016, Entered: None Unknown Document Type
EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 11 to 21 as to Amended Complaint/Petition,, 32 . (Attachments: # 1 Exhibits 22 to 28, # 2 Exhibits 29 to 30, # 3 Exhibits 31 to 40, # 4 Exhibits 41 to 50, # 5 Exhibits 51 to 70, # 6 Exhibits 71 to 89, # 7 Exhibits 90 to 104)(Parker, John) (Entered: 08/04/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 8/3/2016, Entered: None Unknown Document TypeCourt Filing
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Exhibit (non-trial) 35 , Exhibit (non-trial) 36 , Exhibit (non-trial), 37 , Exhibit (non-trial) 34 , Exhibit (non-trial) 33 , Exhibit (non-trial) 38 , for the following reasons: Title page is missing. An exhibit(s) shall be attached to the documetn to which it refers. If filed separately, it shall have a titlle/caption page pursuant to L.R. 11-3.8. Counsel shall re-file the exhibits with a title/caption page no later than August 4, 2016.; (bp) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 8/3/2016, Entered: None Unknown Document Type
STIPULATION for Extension of Time to File Answer to October 14, 2016 re Amended Complaint/Petition,, 32 filed by Defendants Humacao, Medtronic Inc., Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc.. (Attachments: # 1 Proposed Order)(Attorney Michael Kevin Brown added to party Humacao(pty:dft), Attorney Michael Kevin Brown added to party Medtronic Inc.(pty:dft), Attorney Michael Kevin Brown added to party Medtronic Puerto Rico Operations Co.(pty:dft), Attorney Michael Kevin Brown added to party Medtronic Sofamor Danek USA Inc.(pty:dft), Attorney Michael Kevin Brown added to party Warsaw Orthopedic Inc.(pty:dft))(Brown, Michael) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 8/2/2016, Entered: None Unknown Document Type
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial), 37 , Exhibit (non-trial) 34 , Exhibit (non-trial) 38 , Exhibit (non-trial) 35 , Exhibit (non-trial) 36 , Exhibit (non-trial) 33 , Amended Complaint/Petition,, 32 . The following error(s) was found: Title page is missing. 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. (bp) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 90 to 104 as to Amended Complaint/Petition,, 32 . (Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 51 to 70, Exhibits 71 to 79 and Exhibits 80 to 89 as to Amended Complaint/Petition,, 32 . (Attachments: # 1 Exhibits 71 to 79, # 2 Exhibits 80 to 89)(Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 41- 50 and Exhibits 51-70 as to Amended Complaint/Petition,, 32 . (Attachments: # 1 Exhibits 51 to 70)(Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 29-30 and Exhibits 31-40 as to Amended Complaint/Petition,, 32 . (Attachments: # 1 Exhibits 31 - 40)(Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibit 21 and Exhibits 22 to 28 as to Amended Complaint/Petition,, 32 . (Attachments: # 1 Exhibits 22 to 28)(Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 8/1/2016, Entered: None Unknown Document Type
[STRICKEN PURSUANT TO DOCKET ENTRY #41] EXHIBIT Filed filed by Plaintiff The Dan Abrams Company LLC. Exhibits 11 to 20 as to Amended Complaint/Petition,, 32 . (Parker, John) Modified on 8/3/2016 (bp). (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 7/29/2016, Entered: None Unknown Document Type
FIRST AMENDED COMPLAINT against DEFENDANTS Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc. amending Complaint - (Discovery),,,,,, 1 , filed by Plaintiff / Relator The Dan Abrams Company 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)(Parker, John) (Entered: 07/29/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 7/29/2016, Entered: None Unknown Document Type
PROOF OF SERVICE Executed by Plaintiff The Dan Abrams Company LLC, upon Defendant Medtronic Puerto Rico Operations Co. served on 7/27/2016, answer due 8/17/2016. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service, Alejandro Pela. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Parker, John) (Entered: 07/29/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 7/25/2016, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING REQUEST TO EXTEND TIME TO SERVE COMPLAINT 29 by Judge John A. Kronstadt: For the reasons set forth in Relator The Dan Abrams Company, LLC ("Relator")'s Request, Relator is ordered to serve the Complaint in this matter on Defendant Medtronic Puerto Rico Operations Co. and file a proof of service regarding such no later than August 1, 2016. Medtronic PLC and Medtronic Sofamor Danek Deggendorf GMBH, the foreign Defendants, shall be served with the Complaint no later than October 17, 2016. (bp) (Entered: 07/25/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 7/22/2016, Entered: None Unknown Document Type
REQUEST for Extension of Time to File SERVE COMPLAINT filed by RELATOR The Dan Abrams Company LLC. (Cutter, C) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 7/22/2016, Entered: None Unknown Document Type
PROOF OF SERVICE Executed by Plaintiff The Dan Abrams Company LLC, upon Defendant Warsaw Orthopedic Inc. served on 7/21/2016, answer due 8/11/2016. Service of the Summons and Complaint were executed upon Patrick Jones, Legal Processor, Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Cutter, C) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 7/22/2016, Entered: None Unknown Document Type
PROOF OF SERVICE Executed by Plaintiff The Dan Abrams Company LLC, upon Defendant Medtronic Sofamor Danek USA Inc. served on 7/20/2016, answer due 8/10/2016. Service of the Summons and Complaint were executed upon Vivian Imperial, Authorized Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Cutter, C) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 7/20/2016, Entered: None Unknown Document TypeCourt Filing
(IN CHAMBERS) ORDER RE SERVICE OF SUMMONS AND COMPLAINT by Judge John A Kronstadt: This action was filed on February 19, 2015. Dkt. 1 . On April 20, 2016, the Government declined to intervene. Dkt. 19 . Accordingly, the Court directed that the Summons and Complaint to be served on all Defendants no later than May 2, 2016. The Court granted the Relator's request to continue the May 2, 2016 deadline to July 20, 2016 to serve the Defendants. Dkt. 21 . A Proof of Service was filed on July 19, 2016 indicating that Defendant Medtronic, Inc. was served with the Summons and Complaint. The answer is currently due by August 4, 2016. Dkt. 24 . However, the Relator has filed a Status Report stating that the remaining 6 Defendants have not yet been served. Medtronic Sofamor Danek USA, Inc., Warsaw Orthorpedic, Inc. and Medtronic Puerto Rico Operations Co. are expected to be served with the Summons of Complaint by July 29, 2016. There is no explanation as to why these Defendants could not be served by the July 20 deadline. The Relator reports that additional time will be necessary to serve Medtronic PLC and Medtronic Sofamor Danek Deggendorf GMBH through The Hague. The proper manner in which to seek additional time is to file a request or application with a proposed order seeking a continuance of any deadline, which shall include the basis for such a request. Therefore, on or before July 22, 2016, the Relator shall file a request with a proposed order. The request shall indicate what efforts have been made to serve each Defendant, including a date by which all Defendants expect to be served. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 07/20/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 7/19/2016, Entered: None Unknown Document Type
STATUS REPORT filed by Plaintiff The Dan Abrams Company LLC. (Parker, John) (Entered: 07/19/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 7/19/2016, Entered: None Unknown Document Type
PROOF OF SERVICE Executed by Plaintiff The Dan Abrams Company LLC, upon Defendant Medtronic Inc. served on 7/14/2016, answer due 8/4/2016. Service of the Summons and Complaint were executed upon Authorized Agent, Jenny Schurhamer in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Parker, John) (Entered: 07/19/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 7/12/2016, Entered: None Unknown Document Type
21 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendants Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc.. (bp) (Entered: 07/12/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 7/11/2016, Entered: None Unknown Document Type
Request for Clerk to Issue Summons on Complaint - (Discovery),,,,,, 1 filed by Plaintiff The Dan Abrams Company LLC. (Cutter, C) (Entered: 07/11/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 4/29/2016, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING STIPULATION TO EXTEND TIME TO SERVE COMPLAINT by Judge John A. Kronstadt: granting 20 REQUEST for Extension of Time to File (bp) (Entered: 04/29/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 4/22/2016, Entered: None Unknown Document Type
REQUEST for Extension of Time to File REQUEST AND [PROPOSED] ORDER TO EXTEND TIME TO SERVE COMPLAINT filed by Relator The Dan Abrams Company LLC. (Parker, John) (Entered: 04/22/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 4/20/2016, Entered: None Unknown Document TypeCourt Filing
ORDER RE ELECTION BY THE UNITED STATES AND THE STATES TO DECLINE INTERVENTION AND UNSEALING OF CERTAIN DOCUMENT 18 by Judge John A. Kronstadt, re Stipulation for Order. IT IS ORDERED that: The Complaint is unsealed, and the relator shall serve the Complaint upon the defendants on or before May 2, 2016. The seal is lifted in this action as to this Order and the Notice of Election by the United States and the States to Decline Intervention and Stipulation Re Unsealing of Certain Documents, both of which the relator shall serve upon the defendants with the Complaint no later than May 2, 2016. See Order For Further Specifics. (bp) (Entered: 04/22/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 4/14/2016, Entered: None Unknown Document Type
NOTICE OF ELECTION BY THE UNITED STATES TO DECLINE INTERVENTION AND STIPULATION RE UNSEALING OF CERTAIN DOCUMENTS filed by Plaintiff United States of America.(bp) (Entered: 04/15/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 11/19/2015, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING STIPULATION TO EXTEND SEAL AND UNITED STATES ELECTION PERIOD by Judge John A. Kronstadt, re Stipulation for Order 15 (bp) (Entered: 11/24/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 11/19/2015, Entered: None Unknown Document Type
MEMORANDUM of Points and Authorities in Support filed by Plaintiff United States of America. Re: Stipulation for Order 15 (bp) (Entered: 11/24/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 11/19/2015, Entered: None Unknown Document Type
STIPULATION for Order requesting extension of seal and United States Election Period filed by Plaintiff United States of America.(bp) (Entered: 11/24/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 9/14/2015, Entered: None Unknown Document TypeCourt Filing
TEXT ONLY ENTRY: (IN CHAMBERS) ORDER RE NOTICE OF AMENDED CONSOLIDATED STANDING ORDERS by Judge John A. Kronstadt: Counsel are advised that on September 11, 2015, the Court amended its Standing Orders. Counsel shall obtain a copy of the Orders by referring to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pso) TEXT ONLY ENTRY (Entered: 09/14/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 5/19/2015, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING STIPULATION TO EXTEND SEAL AND UNITED STATES' ELECTION PERIOD by Judge John A. Kronstadt, re Stipulation for Order 11 (bp) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 5/19/2015, Entered: None Unknown Document Type
MEMORANDUM of Points and Authorities in Support filed by Plaintiff United States of America. Re: Stipulation for Order 11 (bp) (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 5/19/2015, Entered: None Unknown Document Type
STIPULATION Requesting Extension of Seal and United States Election Period filed by Plaintiff United States of America.(Attorney Brian P Villarreal added to party United States of America(pty:pla))(bp) . (Entered: 05/21/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 2/20/2015, Entered: None Unknown Document TypeCourt Filing
STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt, (bp) (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 2/19/2015, Entered: None Unknown Document Type
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 2/19/2015, Entered: None Unknown Document TypeCourt Filing
NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Alka Sagar. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 2/19/2015, Entered: None Unknown Document Type
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff The Dan Abrams Company LLC. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 2/19/2015, Entered: None Unknown Document Type
EXHIBIT 121-146 as to Complaint - (Discovery), 1 filed by Plaintiff The Dan Abrams Company LLC. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 2/19/2015, Entered: None Unknown Document Type
EXHIBIT 86-120 as to Complaint - (Discovery), 1 filed by Plaintiff The Dan Abrams Company LLC. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 2/19/2015, Entered: None Unknown Document Type
EXHIBIT 49-85 as to Complaint - (Discovery), 1 filed by Plaintiff The Dan Abrams Company LLC. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 2/19/2015, Entered: None Unknown Document Type
EXHIBIT 29-48 as to Complaint - (Discovery), 1 filed by Plaintiff The Dan Abrams Company LLC. (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 2/19/2015, Entered: None Unknown Document Type
EXHIBIT 1-28 as to Complaint - (Discovery), 1 filed by Plaintiff The Dan Abrams Company LLC. as to Complaint - (Discovery), 1 . (ghap) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 2/19/2015, Entered: None Unknown Document TypeCourt Filing
COMPLAINT against Defendants Humacao, Medtronic Inc., Medtronic PLC, Medtronic Puerto Rico Operations Co., Medtronic Sofamor Danek Deggendorf GMBH, Medtronic Sofamor Danek USA Inc., Warsaw Orthopedic Inc..Case assigned to Judge John A. Kronstadt for all further proceedings. Discovery referred to Magistrate Judge Alka Sagar.(Filing fee $ 400:PAID) Jury Demanded., filed by plaintiff The Dan Abrams Company LLC. (ghap) (Additional attachment(s) added on 4/26/2016: # 1 Part 1, # 2 Part 2, # 3 Part 3, # 4 Part 4, # 5 Part 5, # 6 Part 6, # 7 Part 7, # 8 Part 8) (bp). (Additional attachment(s) added on 4/26/2016: # 9 Part 2-1, # 10 Part 2-2, # 11 Part 2-3, # 12 Part 2-4, # 13 Part 2-5, # 14 Part 2-6, # 15 Part 2-7) (bp). (Additional attachment(s) added on 4/26/2016: # 16 Part 3-1, # 17 Part 3-2, # 18 Part 3-3, # 19 Part 3-4, # 20 Part 3-5, # 21 Part 3-6, # 22 Part 3-7, # 23 Part 3-8, # 24 Part 3-9, # 25 Part 3-10, # 26 Part 3-11, # 27 Part 3-12, # 28 Part 3-13, # 29 Part 3-14, # 30 Part 3-15, # 31 Part 3-16) (bp). (Additional attachment(s) added on 4/26/2016: # 32 Part 4-1, # 33 Part 4-2, # 34 Part 4-3, # 35 Part 4-4, # 36 Part 4-5, # 37 Part 4-6, # 38 Part 4-7, # 39 Part 4-8) (bp). (Additional attachment(s) added on 4/26/2016: # 40 Part 5-1, # 41 Part 5-2, # 42 Part 5-3, # 43 Part 5-4, # 44 Part 5-5, # 45 Part 5-6, # 46 Part 5-7, # 47 Part 5-8, # 48 Part 5-9, # 49 Part 5-10, # 50 Part 5-11, # 51 Part 5-12) (bp). (Entered: 02/20/2015)
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