Lenox MacLaren Surgical Corporation v. Medtronic, Inc. et al
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02139-MSK-NYW
LENOX MACLAREN SURGICAL CORPORATION,
MEDTRONIC SOFAMOR DANEK, INCORPORATED,
MEDTRONIC PS MEDICAL, INCORPORATED,
MEDTRONIC SOFAMOR DANEK CO., LTD.,
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:
Plaintiff’s Motion to Reconsider [#422] is DENIED IN PART and GRANTED IN
Plaintiff’s request to remove reference to “second instance within six months in
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
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
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