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

Filing 428

ORDER REGARDING PLAINTIFF'S MOTION TO RECONSIDER by Magistrate Judge Nina Y. Wang on 9/30/15 granting in part and denying in part 422 Motion for Reconsideration. (bsimm, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02139-MSK-NYW LENOX MACLAREN SURGICAL CORPORATION, Plaintiff, v. MEDTRONIC INCORPORATED, MEDTRONIC SOFAMOR DANEK, INCORPORATED, MEDTRONIC PS MEDICAL, INCORPORATED, MEDTRONIC SOFAMOR DANEK CO., LTD., Defendants. ORDER REGARDING PLAINTIFF’S MOTION TO RECONSIDER Magistrate Judge Nina Y. Wang This matter comes before the court on the Motion to Reconsider filed by Plaintiff Lenox MacLaren Surgical Corporation (“Plaintiff” or “Lenox”) on September 25, 2015 [#422] (the “Motion to Reconsider”). The Motion to Reconsider was referred to the undersigned Magistrate Judge pursuant to the Reassignment dated February 9, 2015 [#243] and the Memorandum dated September 25, 2015 [#423]. In the Motion to Reconsider, Lenox seeks to reconsideration of two aspects of the court’s Order dated September 17, 2015 [#414]. First, Lenox requests that the court reconsider its statement that the conduct leading to the sanctions order was the “second instance within six months in which Plaintiff’s counsel has been less than forthright to the court,” providing an extensive explanation for counsel’s conduct. [#422 at 2-7]. Second, Lenox asks the court to clarify that the sanction does not include Mr. Stanley Gibson or his law firm, Jeffer Mangels Butler and Mitchell LLP. [Id. at 7]. The court has reviewed the recording from the original discovery conference on March 10, 2015 and the docket entries associated with the emergency motion. Based on that review, IT IS ORDERED that: (1) Plaintiff’s Motion to Reconsider [#422] is DENIED IN PART and GRANTED IN (2) Plaintiff’s request to remove reference to “second instance within six months in PART; which Plaintiff’s counsel has been less than forthright to the court,” found on page 3 of the court’s September 17 Order is DENIED; and (3) The court hereby clarifies that the sanction does not include Mr. Stanley Gibson or his law firm, Jeffer Mangels Butler and Mitchell LLP. DATED: September 30, 2015 BY THE COURT: s/ Nina Y. Wang Nina Y. Wang United States Magistrate Judge 2

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