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Photo of Kent Co

Court

Kent Co

Delaware

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Case Information

Filed 2021-09-09
Status CLOSED - CLOSED
Type D 5 Fibercel
Docket 180 entries
Disposition dismiss

Parties

Plaintiff Aspinall Jr., Robert H.|Aspinall, Kelly
Defendant Aziyo Biologics, Inc.|Medtronic, Plc|Medtronic Usa, Inc.|Medtronic, Inc.|Medtronic Sofamor Danek Usa, Inc.|Spinalgraft Technologies, Llc|Dci Donor Services, Inc.|New Mexico Donor Services
Photo of Hon. Brennan Danielle J

Judge

Hon. Brennan Danielle J

Kent County (DE)

Delaware

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Lawyers

Docket Entries

  1. STIPULATION OF DISMISSAL
  2. INITIAL COMPLAINT
  3. CASE INFORMATION STATEMENT
  4. WRIT ISSUED
  5. WRIT RETURN (GENERIC)
  6. WRIT RETURN (GENERIC)
  7. WRIT RETURN (GENERIC)
  8. WRIT RETURN (GENERIC)
  9. AMENDED COMPLAINT FILED
  10. SUMMONS
  11. ANSWER
  12. WRIT ISSUED
  13. WRIT RETURN (GENERIC)
  14. WRIT RETURN (GENERIC)
  15. WRIT RETURN (GENERIC)
  16. ENTRY OF APPEARANCE FILED
  17. ANSWER TO AMENDED COMPLAINT
  18. ANSWER TO AMENDED COMPLAINT
  19. ANSWER FORM 30 INTERROGATORIES
  20. LETTER
  21. ANSWER FORM 30 INTERROGATORIES
  22. LETTER FOR JUDICIAL REVIEW
  23. SO NOTED
  24. REFERRED TO CASE SCHEDULING
  25. SUBSTITUTION OF COUNSEL
  26. LETTER
  27. SUBSTITUTION OF COUNSEL (SIGN)
  28. ORDER
  29. STIPULATION
  30. ORDER
  31. LETTER FOR JUDICIAL REVIEW
  32. SO NOTED
  33. AMENDED COMPLAINT FILED
  34. WRIT ISSUED
  35. E-MAIL FILED
  36. AMENDMENT TO THE COMPLAINT
  37. AMENDMENT TO THE COMPLAINT
  38. ENTRY OF APPEARANCE FILED
  39. MOTION
  40. PROPOSED ORDER
  41. ORDER
  42. ANSWER
  43. ANSWER TO THE CROSSCLAIM
  44. ANSWER TO AMENDED COMPLAINT
  45. ANSWER TO AMENDED COMPLAINT
  46. LETTER FOR JUDICIAL REVIEW
  47. ORDER
  48. E-MAIL FILED
  49. JUDICIAL ACTION FORM
  50. LETTER FOR JUDICIAL REVIEW
  51. E-MAIL FILED
  52. JUDICIAL ACTION FORM
  53. TRANSCRIPT FILED
  54. ORDER
  55. LETTER FOR JUDICIAL REVIEW
  56. SO NOTED
  57. ENTRY OF APPEARANCE FILED
  58. NOTICE OF DEPOSITION
  59. MEMORANDUM FILED
  60. MOTION TO AMEND ANSWER
  61. AMENDED ANSWER
  62. AMENDED ANSWER
  63. ANSWER TO THE CROSSCLAIM
  64. NOTICE
  65. NOTICE OF SERVICE
  66. NOTICE
  67. EXHIBITS
  68. WRIT(S) ISSUED ON DATE DOCKETED: JULY 16, 2022 2 WRITS ISSUED FOR 3104 ON 7-15-2022. ACCEPTED BY: SD TRANSACTION ID: 67826536
  69. E-MAIL FILED
  70. E-MAIL FILED DATE DOCKETED: JULY 19, 2022 EMAIL TO COUNSEL ADVISING THAT SUMMONS DOCUMENTS ARE READY FOR PICK UP. ACCEPTED BY: SD TRANSACTION ID: 67829637
  71. AMENDMENT TO THE COMPLAINT
  72. AMENDMENT TO THE COMPLAINT DATE DOCKETED: AUGUST 5, 2022 PLAINTIFF'S RULE 4(H) AMENDMENT PURSUANT TO 10 DEL.C 3104 - PROOF OF SERVICE FOR DEFENDANT, DCI DONOR SERVICES, INC. ON JULY 27, 2022 AT 9:30 A.M. SIGNED AND NOTORIZED AFFIDAVIT OF DEFENDANT'S NON-RESIDENCE AND THE SENDING OF COMPLAINT EXHIBIT A - COPY OF SIGNED GREEN CARD EXHIBIT B - COPY OF LETTER FROM PLAINTIFF TO DEFENDANT AND RECEIPT FROM USPS THAT SHOWS WHEN THE WRIT WAS SENT OUT. EXHIBIT C - USPS TRACKING INFO. SHOWING THAT WRIT WAS RECIEVED ON JULY 27, 2022 AT 9:30 AM ACCEPTED BY: SD TRANSACTION ID: 67899406
  73. AMENDMENT TO THE COMPLAINT
  74. AMENDMENT TO THE COMPLAINT DATE DOCKETED: AUGUST 13, 2022 PLAINTIFFS' RULE 4(H) AMENDMENT PURSUANT TO 10 DEL.C 3104 PROOF OF SERVICE ON NEW MEXICO DONOR SERVICE ON AUGUST 11, 2022 AT 1:56 P.M. AFFIDAVIT OF DEFENDANT'S NON-RESIDENCE AND THE SENDING OF THE COMPLAINT EXHIBIT A - NOTICE THAT WAS SENT WITH LONG ARM WRIT ON AUGUST 5, 2022 (INCLUDING USPS TRACKING NUMBER) EXHIBIT B - USPS TRACKING IFORMATION SHOWING THAT WRIT WAS DELIVERED ON AUGUST 11, 2022 AT 1:56 P.M. ACCEPTED BY: SD TRANSACTION ID: 67927124
  75. ENTRY OF APPEARANCE FILED
  76. ENTRY OF APPEARANCE DATE DOCKETED: AUGUST 18, 2022 ENTRY OF APPEARANCE OF JAMES E. DRNEC, ESQUIRE AND , AND PHILLIP M. CASALE, ESQUIRE ON BEHALF OF DEFENDANTS DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES WITH CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 67939705
  77. MOTION
  78. MOTION DATE DOCKETED: SEPTEMBER 3, 2022 JOINT MOTION TO STAY BY PLAINTIFFS AND DEFENDANTS AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK, USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC WITH ATTACHED CERTIFICATE OF SERVICE NOTICE OF MOTION FOR SEPTEMBER 20, 2022 AT 10:00 A.M. ACCEPTED BY: SD TRANSACTION ID: 68017628
  79. PROPOSED ORDER
  80. PROPOSED ORDER SUBMITTED DATE DOCKETED: SEPTEMBER 3, 2022 PROPOSED ORDER GRANTING JOINT MOTION TO EXTEND STAY ACCEPTED BY: SD TRANSACTION ID: 68017628
  81. ORDER
  82. ORDER SIGNED BY DATE DOCKETED: SEPTEMBER 14, 2022 ORDER SIGNED BY: BRENNAN, DANIELLE GRANTED (PROPOSED ORDER GRANTING JOINT MOTION TO EXTEND STAY) ACCEPTED BY: SD TRANSACTION ID: 68096525
  83. ANSWER
  84. ANSWER TO COMPLAINT DATE DOCKETED: SEPTEMBER 17, 2022 DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES ANSWER TO SECOND AMENDED COMPLAINT DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES CORRECTED ANSWERS TO FORM 30 INTERROGATORIES CASE INFORMATION STATEMENT CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 68116505
  85. ANSWER TO THE CROSSCLAIM
  86. ANSWER TO THE CROSSCLAIM DATE DOCKETED: SEPTEMBER 23, 2022 ANSWER OF AZIYO BIOLOGICS, INC., MEDTRONIC SOFAMOR DANEK USA, INC., AND SPINALGRAFT TECHNOLOGIES, LLC TO CROSSCLAIMS BY DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 68147333
  87. ANSWER TO AMENDED COMPLAINT
  88. ANSWER TO THE AMENDED COMPLAINT DATE DOCKETED: SEPTEMBER 23, 2022 DEFENDANT AZIYO BIOLOGICS, INC.'S ANSWER AND DEFENSES TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 68147333
  89. ANSWER TO AMENDED COMPLAINT
  90. ANSWER TO THE AMENDED COMPLAINT DATE DOCKETED: SEPTEMBER 23, 2022 DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S ANSWER AND DEFENSES TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 68147333
  91. LETTER FOR JUDICIAL REVIEW
  92. LETTER FOR JUDICIAL REVIEW DATE DOCKETED: JANUARY 25, 2023 LETTER DATED JANUARY 20, 2023 FROM DANIEL J. BROWN, ESQ. TO THE HONORABLE DANIELLE BRENNAN RE: STATUS CONFERENCE ACCEPTED BY: SD TRANSACTION ID: 68946058
  93. ORDER
  94. ORDER SIGNED BY DATE DOCKETED: FEBRUARY 1, 2023 ORDER SIGNED BY: BRENNAN, DANIELLE GRANTED (LETTER DATED JANUARY 20, 2023 FROM DANIEL J. BROWN, ESQ. TO THE HONORABLE DANIELLE BRENNAN RE: STATUS CONFERENCE) ACCEPTED BY: SD TRANSACTION ID: 68987454
  95. E-MAIL FILED
  96. E-MAIL FILED DATE DOCKETED: FEBRUARY 2, 2023 EMAIL TO COUNSEL INFORMING THEM THAT THE STATUS CONFERENCE WILL BE HELD ON 2-13-23 AT 1 PM AND TO SCHEDULE THE MATTER VIA COURTSCRIBES. ACCEPTED BY: TNW TRANSACTION ID: 69050501
  97. JUDICIAL ACTION FORM
  98. JUDICIAL ACTION FORM DATE DOCKETED: FEBRUARY 15, 2023 COUNSEL SHALL UPDATE THE COURT WITH A CASE STATUS WITH 10 DAYS FOLLOWING MEDIATION. COUNSEL WAS GIVEN UNTIL APRIL 14, 2023 TO PROVIDE THE COURT WITH A STATUS CONCERNING SCHEDULING OF CASES. ACCEPTED BY: SD TRANSACTION ID: 69145672
  99. LETTER FOR JUDICIAL REVIEW
  100. LETTER FOR JUDICIAL REVIEW DATE DOCKETED: MARCH 28, 2023 LETTER FROM GARY S. NITSCHE, P.A. TO THE HONORABLE JUDGE BRENNAN REQUESTING SCHEDULING CONFERENCE ACCEPTED BY: SD TRANSACTION ID: 69649050
  101. E-MAIL FILED
  102. E-MAIL FILED DATE DOCKETED: APRIL 4, 2023 EMAIL TO COUNSEL ADVISING THE IN PERSON SCHEDULING CONFERENCE WILL BE HELD ON APRIL 25, 2023, AT 1:00PM. ACCEPTED BY: SD TRANSACTION ID: 69715151
  103. JUDICIAL ACTION FORM
  104. JUDICIAL ACTION FORM DATE DOCKETED: APRIL 27, 2023 STATUS AND SCHEDULING CONFERENCE HELD. COUNSEL IS TO CONFER WITH ONE ANOTHER TO ESTABLISH A PROPOSED CASE MANAGEMENT ORDER, AND SUBMIT SAME WITHIN 10 DAYS (MARCH 5, 2023). ANOTHER STATUS CONFERENCE WILL BE HELD IN 6 MONTHS ON WEDNESDAY SEPTEMBER 6, 2023 AT 11:00AM IN CONFERENCE ROOM A. A GENERAL DISCOVERY CUT OFF DATE IS SET FOR APRIL 30, 2024. ACCEPTED BY: SD TRANSACTION ID: 69896527
  105. TRANSCRIPT FILED
  106. TRANSCRIPT FILED DATE DOCKETED: MAY 13, 2023 SCHEDULING CONFERENCE TRANSCRIPT OF APRIL 25, 2023, BEFORE THE HONORABLE DANIELLE J. BRENNAN ACCEPTED BY: TNW TRANSACTION ID: 70006565
  107. ORDER
  108. ORDER DATE DOCKETED: MAY 20, 2023 CASE MANAGEMENT ORDER FOR FIBERCEL LITIGATION. SIGNED BY JUDGE BRENNAN ON MAY 18, 2023 ACCEPTED BY: SD TRANSACTION ID: 70048621
  109. LETTER FOR JUDICIAL REVIEW
  110. LETTER FOR JUDICIAL REVIEW DATE DOCKETED: SEPTEMBER 8, 2023 LETTER TO THE HONORABLE JUDGE BRENNAN FROM JAMES GASPERO, JR. ESQUIRE DATED SEPTEMBER 6, 2023. ACCEPTED BY: SD TRANSACTION ID: 70805637
  111. SO NOTED
  112. SO NOTED DATE DOCKETED: SEPTEMBER 9, 2023 ORDER SIGNED BY: JUDGE, FIBERCEL SO NOTED (LETTER TO THE HONORABLE JUDGE BRENNAN FROM JAMES GASPERO, JR. ESQUIRE DATED SEPTEMBER 6, 2023.) ACCEPTED BY: SD TRANSACTION ID: 70818373
  113. ENTRY OF APPEARANCE FILED
  114. ENTRY OF APPEARANCE DATE DOCKETED: DECEMBER 28, 2023 ENTRY OF APPEARANCE OF TODD C. SCHILTZ FOR DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC WITH CERTIFICATE OF SERVICE ACCEPTED BY: TNW TRANSACTION ID: 71692739
  115. NOTICE OF DEPOSITION
  116. NOTICE OF DEPOSITION OF DATE DOCKETED: JANUARY 17, 2024 NOTICE OF RECORDS ONLY DEPOSITIONS AT WHARTON LEVIN ON FEBRUARY 14, 2024 WITH CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 71807408
  117. MEMORANDUM FILED
  118. MEMORANDUM FILED DATE DOCKETED: MAY 25, 2024 MEMORANDUM IN SUPPORT OF DEFENDANT AZIYO BIOLOGICS, INC.'S MOTION FOR LEAVE TO AMEND ANSWERS TO ASSERT CROSSCLAIMS WITH ATTACHED CERTIFICATE OF SERVICE EXHIBIT A TO MEMORANDUM IN SUPPORT OF DEFENDANT AZIYO BIOLOGICS, INC.'S MOTION FOR LEAVE TO AMEND ANSWERS TO ASSERT CROSSCLAIMS ACCEPTED BY: SD TRANSACTION ID: 73098600
  119. MOTION TO AMEND ANSWER
  120. MOTION TO AMEND ANSWER DATE DOCKETED: MAY 25, 2024 DEFENDANT AZIYO BIOLOGICS, INC.'S MOTION FOR LEAVE TO AMEND ANSWERS TO ASSERT CROSSCLAIMS WITH ATTACHED CERTIFICATE OF SERVICE NOTICE OF DEFENDANT AZIYO BIOLOGICS, INC.'S MOTION FOR LEAVE TO AMEND ANSWERS TO ASSERT CROSSCLAIMS TO BE HEARD AT THE CONVENIENCE OF THE COURT PROPOSED ORDER GRANTING DEFENDANT AZIYO BIOLOGICS, INC.'S MOTION FOR LEAVE TO AMEND ANSWERS TO ASSERT CROSSCLAIMS ACCEPTED BY: SD TRANSACTION ID: 73098600
  121. AMENDED ANSWER
  122. AMENDED ANSWER DATE DOCKETED: JUNE 5, 2024 DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S AMENDED ANSWER AND DEFENSES TO PLAINTIFFS' SECOND AMENDED COMPLAINT (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 73275741
  123. AMENDED ANSWER
  124. AMENDED ANSWER DATE DOCKETED: JUNE 6, 2024 DEFENDANT AZIYO BIOLOGICS, INC.'S AMENDED ANSWER AND DEFENSES TO PLAINTIFFS' SECOND AMENDED COMPLAINT WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 73316449
  125. ANSWER TO THE CROSSCLAIM
  126. ANSWER TO THE CROSSCLAIM DATE DOCKETED: JUNE 26, 2024 DEFENDANTS MEDTRONIC SOFAMOR DANEK USA, INC. AND SPINALGRAFT TECHNOLOGIES, LLC'S ANSWER TO CROSSCLAIMS (WITH CERTIFICATE OF SERVICE) ACCEPTED BY: SD TRANSACTION ID: 73481019
  127. NOTICE
  128. NOTICE DATE DOCKETED: OCTOBER 2, 2024 NOTICE OF SERVICE OF (1) DEFENDANT AZIYO BIOLOGICS, INC.'S FIRST SET OF INTERROGATORIES TO PLAINTIFF ROBERT ASPINALL AND (2) DEFENDANT AZIYO BIOLOGICS, INC.'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF ROBERT ASPINALL WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74643492
  129. NOTICE OF SERVICE
  130. NOTICE OF SERVICE DATE DOCKETED: OCTOBER 8, 2024 NOTICE OF SERVICE OF DEFENDANTS DCI DONOR SERVICES, INC., AND NEW MEXICO DONOR SERVICES' FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFFS ACCEPTED BY: SD TRANSACTION ID: 74688302
  131. NOTICE
  132. NOTICE DATE DOCKETED: NOVEMBER 15, 2024 DEFENDANT AZIYO BIOLOGICS, INC.'S NOTICE OF CONFIDENTIALITY DESIGNATION OF PAYAM NAHID M.D.'S DEPOSITION TESTIMONY WITH ATTACHED CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 74999525
  133. EXHIBITS
  134. EXHIBITS DATE DOCKETED: NOVEMBER 16, 2024 EXHIBIT A TO AZIYO BIOLOGICS, INC.'S NOTICE OF CONFIDENTIALITY DESIGNATION OF PAYAM NAHID M.D.'S DEPOSITION TESTIMONY CERTIFICATE OF SERVICE ACCEPTED BY: SD TRANSACTION ID: 75008907
  135. STIPULATION OF DISMISSAL
  136. CLOSED: STIPULATION OF DISMISSAL DATE DOCKETED: SEPTEMBER 17, 2025 STIPULATION OF DISMISSAL - CASE CLOSED ACCEPTED BY: SD TRANSACTION ID: 77086543

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