Berall v. Verathon Inc. et al

Filing 169

ORDER REGARDING VENUE OBJECTIONS: Upon the stipulation and consent of the parties and for good cause shown, the Court hereby ORDERS that each of defendants Verathon, Inc., Pentax of America, Inc., and LMA North America, Inc. does not waive an obje ction to venue by participating in mediation sponsored by or under the supervision of this Court. Plaintiff contends that defendants have delayed in objecting to venue through actions other than participation in mediation. Each of defendants separ ately contends that it has not waived any objection to venue. This order does not address these positions, but rather leaves these issues to be resolved, if necessary, following completion of the mediation. (Signed by Judge Loretta A. Preska on 6/15/020) (cf)

Case 1:10-cv-05777-LAP-DCF Document 166-2 Filed 06/12/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

Jonathan Berall, M.D., M.P.H.,
Plaintiff,
v.

C.A. No.: 1:10-cv-05777-LAP-DCF

Verathon Inc., Pentax of America, Inc., Karl
Storz Endoscopy-America, Inc., Aircraft
Medical, Ltd., LMA North America, Inc., and
Airtraq, LLC,
Defendants

[PROPOSED]
XXXXXXXXXXX ORDER

REGARDING VENUE OBJECTIONS

Upon the stipulation and consent of the parties and for good cause shown, the Court hereby
ORDERS that each of defendants Verathon, Inc., Pentax of America, Inc., and LMA North
America, Inc. does not waive an objection to venue by participating in mediation sponsored by or
under the supervision of this Court. Plaintiff contends that defendants have delayed in objecting
to venue through actions other than participation in mediation. Each of defendants separately
contends that it has not waived any objection to venue. This order does not address these positions,
but rather leaves these issues to be resolved, if necessary, following completion of the mediation.

June 15
SO ORDERED: ______________________, 2020.

LORETTA A. PRESKA
UNITED STATES DISTRICT JUDGE

Case 1:10-cv-05777-LAP-DCF Document 166-2 Filed 06/12/20 Page 2 of 2

SO STIPULATED
Counsel for plaintiff Dr. Jonathan Berall

Counsel for defendant Pentax of America,
Inc.

By: /s/ Ashley Ross
Ashley Ross
Kirkland & Ellis, LLP
601 Lexington Avenue
New York, NY 10022
[phone]

By: /s/ James Isbester
James Isbester
Kilpatrick Townsend & Stockton, LLP
Two Embarcadero Center, 19th Floor
San Francisco, CA 94111
[phone]

Counsel for defendant Verathon, Inc.

Counsel for defendant LMA North America,
Inc.

By: /s/ Allison Altersohn
Allison Altersohn
King & Spalding, LLP
1185 6th Ave,
New York, NY 10036
[phone]

By: /s/ Jonathan R. Wise
Jonathan R. Wise
Greenberg Traurig, LLP
1717 Arch Street Suite 400
Philadelphia, PA 19103
[phone]

2