Opinion
Civil Action No. 11-cv-00767-RPM
03-19-2013
DR. GEORGE FREY, M.D., a Colorado Citizen, Plaintiff, v. WARSAW ORTHOPEDIC, INC., and MEDTRONIC SOFAMOR DANEK USA, INC., an Indiana corporation, Defendants.
Senior District Judge Richard P. Matsch
Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki
Ian R. Walsworth
Stanley M. Gibson
Luke L. Dauchot
Conor F. Farley
Nimalka R. Wickramasekera
Erin C. Kolter
COURTROOM MINUTES
Hearing on Motions for Partial Summary Judgment
2:00 p.m. Court in session.
Plaintiff and Defendants' client representative Chad Hanson are present. Court's preliminary remarks and states its understanding of the case. 2:08 p.m. Argument by Mr. Dauchot. Argument by Ms. Wickramasekra. 3:05 p.m. Argument by Mr. Gibson. 3:28 p.m. Rebuttal argument by Mr. Dauchot. Discussion regarding scheduling.
ORDERED: Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.'s Motion for Partial Summary Judgment on Capstone, [44] / [46], is denied.
Plaintiff Dr. George Frey, M.D.'s Motion and Incorporated Memorandum of Law in Support of Partial Summary Judgment Regarding Net Sales, [37] / [40], is denied.
Plaintiff's Motion to Amend Complaint to Incorporate a Claim for Breach of the March 17, 1999 Consulting Agreement with Medtronic Sofmar Danek USA, Inc. [58], is denied.
Plaintiff has to March 29, 2013 to file an Amended Complaint (clear statement of claims).
Defendants shall file an answer in accordance with the rules.
4:00 p.m. Court in recess.
Hearing concluded. Total time: 2 hrs.