Berall v. Verathon Inc. et al

Filing 362

ORDER granting 358 Letter Motion to Compel. SO ORDERED. (Signed by Judge Loretta A. Preska on 12/3/2021) (va)

Case 1:10-cv-05777-LAP Document 358 Filed 12/02/21 Page 1 of 2

Jonathan R. Wise
Tel [phone]
Fax [phone]
[e-mail]

December 2, 2021
BY ECF
The Honorable Loretta A. Preska
United States District Court, Southern District of New York
United States Courthouse, Courtroom 12A
500 Pearl Street
New York, NY 10007-1312
Re:

Berall v. Teleflex Medical Incorporated, C.A. No. 1:10-cv-05777-LAP-DCF (S.D.N.Y.)

Dear Judge Preska:
We represent Teleflex Medical Incorporated (“Teleflex”). On March 23, 2021, Teleflex requested
the Court’s permission to file a motion for a protective order to prevent discovery related to Airtraq
laryngoscopes manufactured by Prodol Meditec S.A. (“Prodol Products”), which were distributed
by Teleflex in the United States beginning in 2015. The basis for Teleflex’s request was that the
Prodol Products had no relation to the original defendant LMA North America, Inc. or any
allegation pleaded in the Original Complaint or First Amended Complaint. (Dkt. 1, 193). On
November 1, 2021, the Court permitted Plaintiff to file a Second Amended Complaint, which
Plaintiff filed on November 4, 2021. The new allegations in Plaintiff’s Second Amended
Complaint include a cause of action against Teleflex for its distribution of the Prodol Products. In
view of these new allegations, Teleflex hereby withdraws its letter request to file a motion for a
protective order filed under Docket Entry No. 278. The parties met and conferred and Plaintiff
does not oppose this request.
SO ORDERED.
Respectfully submitted,
By: /s/ Jonathan R. Wise
Jonathan R. Wise
GREENBERG TRAURIG, LLP
1717 Arch Street, Suite 400
Philadelphia, PA 19103
[phone]
[e-mail]
Scott J. Bornstein
Elana Araj
One Vanderbilt Avenue
New York, NY 10166

Dated:

December 3, 2021
New York, New York

LORETTA A. PRESKA
Senior United States District Judge

Greenberg Traurig, LLP | Attorneys at Law
1717 Arch Street | Suite 400 | Philadelphia, Pennsylvania 19103 | T +1 215.988.7800 | F +1 215.988.7801

www.gtlaw.com

Case 1:10-cv-05777-LAP Document 358 Filed 12/02/21 Page 2 of 2
December 2, 2021
Page 2
[phone]
[e-mail]
[e-mail]
Counsel for Defendant Teleflex Medical Incorporated
cc: Counsel of Record via ECF

Greenberg Traurig, LLP | Attorneys at Law

www.gtlaw.com