Frey v. Sofamor Danek Holdings, Inc.

Filing 84

Courtroom Minutes for Motion Hearing held on 3/19/2013 before Judge Richard P. Matsch. ORDERED: Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.'s Motion for Partial Summary Judgment on Capstone, 44 / 46 , is denied. Plaintif f Dr. George Frey, M.D.'s Motion and Incorporated Memorandum of Lawin Support of Partial Summary Judgment Regarding Net Sales, 37 / 40 , is denied. Plaintiff's Motion to Amend Complaint to Incorporate a Claim for Breach of the March 17, 1999 Consulting Agreement with Medtronic Sofmar Danek USA, Inc. 58 , is denied. Plaintiff has to March 29, 2013 to file an Amended Complaint (clear statement of claims). Defendants shall file an answer in accordance with the rules.FTR: K. Terasaki. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: March 19, 2013 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 11-cv-00767-RPM DR. GEORGE FREY, M.D., a Colorado Citizen, Ian R. Walsworth Stanley M. Gibson Plaintiff, v. WARSAW ORTHOPEDIC, INC., and MEDTRONIC SOFAMOR DANEK USA, INC., an Indiana corporation, Luke L. Dauchot Conor F. Farley Nimalka R. Wickramasekera Defendants. Erin C. Kolter ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Motions for Partial Summary Judgment 2:00 p.m. Court in session. Plaintiff and Defendants’ client representative Chad Hanson are present. Court’s preliminary remarks and states its understanding of the case. 2:08 p.m. Argument by Mr. Dauchot. Argument by Ms. Wickramasekra. 3:05 p.m. Argument by Mr. Gibson. 3:28 p.m. Rebuttal argument by Mr. Dauchot. Discussion regarding scheduling. ORDERED: Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.’s Motion for Partial Summary Judgment on Capstone, [44] / [46], is denied. Plaintiff Dr. George Frey, M.D.'s Motion and Incorporated Memorandum of Law in Support of Partial Summary Judgment Regarding Net Sales, [37] / [40], is denied. 11-cv-00767-RPM March 19, 2013 Plaintiff’s Motion to Amend Complaint to Incorporate a Claim for Breach of the March 17, 1999 Consulting Agreement with Medtronic Sofmar Danek USA, Inc. [58], is denied. Plaintiff has to March 29, 2013 to file an Amended Complaint (clear statement of claims). Defendants shall file an answer in accordance with the rules. 4:00 p.m. Court in recess. Hearing concluded. Total time: 2 hrs. 2

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