Case Details

CourtWestern District of Michigan
Docket number1:16-cv-01058
Date case filed2016-08-26
Date case closed2016-11-02
Date of latest filing
Assigned toChief Judge Robert J. Jonker
Case cause28:1332 Diversity-Contract Dispute
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-08-26 COMPLAINT with jury demand against Tragus Surgical, Inc., Zimmer Biomet CMF and Thoracic, LLC, d/b/a Biomet Microfixation, LLC, Zimmer Biomet, Inc. filed by Stryker Sales Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Wexler, Michael) (Entered: 08/26/2016)
22016-08-26 PROPOSED SUMMONS to be issued re 1 (Wexler, Michael) (Entered: 08/26/2016)
32016-08-26 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Carmody indicating that this case is related to 1:15-cv-1161 (mkc) (Entered: 08/30/2016)
42016-08-30 NOTICE that this case has been assigned Robert J. Jonker ; with NOTICE OF DEFICIENCY re corporate disclosure statement (ns) (Entered: 08/30/2016)
52016-08-30 SUMMONS ISSUED as to defendants Tragus Surgical, Inc., Zimmer Biomet CMF and Thoracic, LLC, Zimmer Biomet, Inc. (ns) (Entered: 08/30/2016)
62016-08-30 CORPORATE DISCLOSURE STATEMENT by Stryker Sales Corporation identifying Corporate Parent Stryker Corporation for Stryker Sales Corporation (Wexler, Michael) (Entered: 08/30/2016)
72016-09-12 ACKNOWLEDGMENT OF SERVICE on behalf of Zimmer Biomet, Inc. served on 8/31/2016, answer due 9/21/2016 (Argentine, Kristine) (Entered: 09/12/2016)
82016-09-12 ACKNOWLEDGMENT OF SERVICE on behalf of Zimmer Biomet CMF and Thoracic, LLC served on 8/31/2016, answer due 9/21/2016 (Argentine, Kristine) (Entered: 09/12/2016)
92016-09-12 ACKNOWLEDGMENT OF SERVICE on behalf of Tragus Surgical, Inc. served on 9/7/2016, answer due 9/28/2016 (Argentine, Kristine) (Entered: 09/12/2016)
102016-09-19 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction , MOTION to transfer case by defendant Tragus Surgical, Inc.; (Fleming, Joshua) Modified text on 9/20/2016 (kw). (Entered: 09/19/2016)
112016-09-19 BRIEF in support of MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction MOTION to transfer case 10 filed by Tragus Surgical, Inc. (Attachments: # 1 Exhibit A - Affidavit of Peter Tragus, # 2 Exhibit B - Affidavit of Brian M. Woo, DDS, MD, # 3 Exhibit C - Affidavit of Robert Julian III, DDS, MD) (Fleming, Joshua) (Entered: 09/19/2016)
122016-09-19 MOTION to dismiss , MOTION to transfer case by defendants Zimmer Biomet CMF and Thoracic, LLC, Zimmer Biomet, Inc.; (Fleming, Joshua) Modified text on 9/20/2016 (kw). (Entered: 09/19/2016)
132016-09-19 BRIEF in support of MOTION to dismiss MOTION to transfer case 12 filed by Zimmer Biomet CMF and Thoracic, LLC, Zimmer Biomet, Inc. (Fleming, Joshua) (Entered: 09/19/2016)
142016-09-20 ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/3/2016 at 03:00 PM at 699 Federal Building, Grand Rapids, MI before Chief Judge Robert J. Jonker; status report due by 10/27/2016 ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 09/20/2016)
152016-10-17 RESPONSE in opposition to MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction MOTION to transfer case 10 , MOTION to dismiss MOTION to transfer case 12 Combined Response in Opposition to Defs' Motions to Dismiss Or in the Alternative, to Transfer to the Eastern District of CA filed by Stryker Sales Corporation (Attachments: # 1 Exhibit A - excerpts) (Argentine, Kristine) (Entered: 10/17/2016)
162016-10-27 DEMAND for TRIAL BY JURY by plaintiff Stryker Sales Corporation (Wexler, Michael) (Entered: 10/27/2016)
172016-10-27 JOINT STATUS REPORT (Argentine, Kristine) (Entered: 10/27/2016)
182016-10-27 CORRECTED JOINT STATUS REPORT (Argentine, Kristine) Modified text on 10/28/2016; this entry replaces 17 (jlg). (Entered: 10/27/2016)
192016-10-31 REPLY to response to Motion to Dismiss or in the Alternative to Transfer to the Eastern District of California 10 , 12 filed by Tragus Surgical, Inc., Zimmer Biomet CMF and Thoracic, LLC, Zimmer Biomet, Inc. (Attachments: # 1 Exhibit A - Griffin Deposition Excerpts, # 2 Exhibit B - Tragus Deposition Excerpts) (Rogers, Michael) Modified text on 11/1/2016 (kw). (Entered: 10/31/2016)
202016-11-02 ORDER granting 10 12 motions to transfer case to Eastern District of California and dismissing without prejudice in all other respects; Clerk of Court is directed to Transfer this case to the Eastern District of California; the Rule 16 conference set for 11/3/2016 is CANCELLED; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc) (Entered: 11/02/2016)