Lenox MacLaren Surgical Corporation v. Medtronic, Inc. et al

Filing 141

Courtroom Minutes for Motions Hearing held on 11/14/2012 before Judge Richard P. Matsch. ORDERED: Plaintiff shall provide and explanation with evidence that supports its contention to the claims for relief by defining what the market is, what is t he market share and the injury to competition, by January 5, 2013. Defendants have to February 4, 2013 to file a motion for summary judgment. Plaintiff's reply due in accordance with the rules. Lenox Maclaren Surgical Corporation's Motion t o Compel Production of Documents 111 , is denied. Lenox Maclaren Surgical Corporation's Motion to Enforce the Parties' Agreement Regarding Document Custodians 112 , denied. Lenox Maclaren Surgical Corporation's Motion to Compel Rule 45 Deposition of MSD USA and Production of Documents 127 , is denied. Defendants' Motion for Discretionary Relief 129 , denied. 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: November 14, 2012 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 10-cv-02139-RPM LENOX MACLAREN SURGICAL CORPORATION, G. Stephen Long Nicole A. Westbrook Plaintiff, v. MEDTRONIC, INCORPORATED, a Minnesota corporation; Steven M. Zager MEDTRONIC SOFAMOR DANEK, INCORPORATED, Michael Simons an Indiana corporation; James E. Hartley MEDTRONIC PS MEDICAL, INCORPORATED, d/b/a MEDTRONIC NEUROLOGIC TECHNOLOGIES, a California corporation; and MEDTRONIC SOFAMOR DANEK CO., LTD., a Japanese corporation, Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions 9:57 a.m. Court in session. Defendants’ client representative Chad A. Hanson present. Court’s preliminary remarks. Mr. Long clarifies plaintiff’s case and answers questions asked by the Court. Response to Court’s procedural suggestion by Mr. Zager. ORDERED: Plaintiff shall provide and explanation with evidence that supports its contention to the claims for relief by defining what the market is, what is the market share and the injury to competition, by January 5, 2013. Defendants have to February 4, 2013 to file a motion for summary judgment. Plaintiff’s reply due in accordance with the rules. Lenox Maclaren Surgical Corporation’s Motion to Compel Production of Documents [111], is denied. Lenox Maclaren Surgical Corporation’s Motion to Enforce the Parties’ Agreement Regarding Document Custodians [112], denied. Lenox Maclaren Surgical Corporation’s Motion to Compel Rule 45 Deposition of MSD USA and Production of Documents [127], is denied. Defendants’ Motion for Discretionary Relief [129], denied. 10:20 a.m. Court in recess. Hearing concluded. Total time: 23 min.

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