Federal Pacer Docket SDTX Davidson v. Grossman

DC CM/ECF LIVE- US District Court-Texas Southern https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?
563291681271795-L_801_0-1
CLOSED
U.S. District Court

SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:07-cv-00471
Davidson et al v. Grossman et al Date Filed: 02/02/2007

Assigned to: Judge Nancy F. Atlas Date Terminated: 07/05/2007
Demand: $90,000,000 Jury Demand: Plaintiff
Related Case Case: 4:07-cv-01530 Nature of Suit: 470 Racketeer/Corrupt
Cause: 18:1961 Racketeering (RICO) Act Organization
Jurisdiction: Diversity
Plaintiff
Robert M Davidson represented by Robert M Davidson
PO Box 1785
Kilgore, TX 75663
903-235-0731
PRO SE
Plaintiff
Vanessa E Komar represented by Vanessa E Komar
PO Box 1785
Kilgore, TX 75663
903-235-0731
PRO SE
V.
Defendant
Jay Grossman represented by Daniel James Artz
Attorney at Law
325 North St Paul Street
Ste 2400
Dallas , TX 75201
214-969-9016
Fax: 214-871-3049
Email: djartz@aol.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Eudice Grossman represented by Daniel James Artz
(See above for address)
LEAD ATTORNEY
Defendant
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DC CM/ECF LIVE- US District Court-Texas Southern https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?563291681271795-L_801_0-1
Gayle F Petrillo represented by Marcia E Kurtz

Bracewell & Giuliani LLP
711 Louisiana
Ste 2300
Houston , TX 77002
713-221-1206
Fax: 713-221-2125 fax
Email:
Marcy.Kurtz@bracewellgiuliani.com
LEAD ATTORNEY
Paul E Chronis
McDermott Will et al
227 West Monroe Street
Ste 4400
Chicago , IL 60606-5096
312-984-6473
Fax: 312-984-7700
LEAD ATTORNEY
Defendant
Charles W Ott represented by Marcia E Kurtz
LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Joanne C Wray
Defendant
Kent J Thiry represented by Marcia E Kurtz
LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Joseph C Mello represented by Marcia E Kurtz
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LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Michael J Meehan represented by Murray J Fogler
Beck Redden et al
1221 McKinney
Ste 4500
Houston , TX 77010
713-951-3700
Fax: 713-951-3720
Email: mfogler@brsfirm.com
LEAD ATTORNEY
Defendant
Bruce R Heurlin represented by Daniel James Artz
LEAD ATTORNEY
Defendant
Anthony P Tartaglia represented by Brian J Butler
Bond Schoeneck & King, PLLC
One Lincoln Center
Syracuse , NY 13202
315 218-8000
Fax: 315-218-8460
LEAD ATTORNEY
Jason Dean Bath

Kane Russell Coleman et al
1331 Lamar
Suite 1550
Houston , TX 77010
713-395-6800
Fax: 713-395-6899
Email: jbath@krcl.com
Defendant
DVA Renal Healthcare, Inc represented by Marcia E Kurtz
LEAD ATTORNEY
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Paul E Chronis
LEAD ATTORNEY
Defendant
Albany Medical College represented by Jason Dean Bath
Defendant
Vivra Holdings, Inc represented by Marcia E Kurtz
LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Gambro Healthcare, Inc represented by Marcia E Kurtz
LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Davita, Inc represented by Marcia E Kurtz
LEAD ATTORNEY
Paul E Chronis
LEAD ATTORNEY
Defendant
Sepracor Inc represented by Dale Bruce Nixon
Sidley Austin et al
717 N Harwood
Ste 3300
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Dallas , TX 75201
214-981-3309
Fax: 214-981-3400
LEAD ATTORNEY
Sandra Palmer
Sidley Austin, LLP
1501 K. Street N.W.
Washington , DC 48734
202-736-8717
Fax: 202-736-8711
LEAD ATTORNEY
James Patrick Bradley

Sidley Austin et al
717 N Harwood
Ste 3400
Dallas , TX 75201
214-981-3306
Fax: 214-981-3400 fax
Email: jbradley@sidley.com
Kelley Anne Conaty

Sidley Austin LLP
717 N Harwood
Ste 3400
Dallas , TX 75201
214-981-3477
Fax: 214-981-3400
Email: kconaty@sidley.com
Date Filed # Docket Text

02/02/2007 1 COMPLAINT against all defendants (Filing fee $ 350) filed by all plaintiffs.
(smurdock, ) Additional attachment(s) added on 2/2/2007 (smurdock, ). (Entered:
02/02/2007)
02/02/2007 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose
Interested Persons. Initial Conference set for 4/20/2007 at 01:30 PM in Courtroom 9F
before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.
(smurdock, ) (Entered: 02/02/2007)
02/02/2007 Filing fee re: 1 Complaint : $350.00, receipt number 578692, filed. (agould, ) (Entered:
02/02/2007)
02/12/2007 Summons Issued as to Joseph C Mello, Michael J Meehan, Bruce R Heurlin, Anthony
P Tartaglia, DVA Renal Healthcare, Inc, Albany Medical College, Vivra Holdings, Inc,
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Gambro Healthcare, Inc, Davita, Inc, Sepracor Inc, Jay Grossman, Eudice Grossman,
Gayle F Petrillo, Charles W Ott, Joanne C Wray, Kent J Thiry, filed.(ejuarez, )
(Entered: 02/13/2007)
02/20/2007 3 CERTIFICATE OF INTERESTED PARTIES, filed.(ltrevino, ) (Entered: 02/22/2007)
03/01/2007 4 MOTION Service of Process by US Marshall by Robert M Davidson, Vanessa E
Komar, filed. Motion Docket Date 3/21/2007. (Attachments: # 1 Proposed Order)
(smurdock, ) (Entered: 03/01/2007)
03/06/2007 5 ORDER denying 4 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.
(sashabranner, ) (Entered: 03/06/2007)
03/09/2007 8 WAIVER OF SERVICE Returned Executed as to Sepracor Inc served on 2/16/2007,
answer due 4/17/2007, filed.(dpower, ) (Entered: 03/19/2007)
03/15/2007 6 CORPORATE DISCLOSURE STATEMENT/CERTIFICATE OF INTERESTED
PARTIES, filed.(ltrevino, ) (Entered: 03/16/2007)
03/16/2007 7 CLERKS NOTICE on Mandatory Electronic Filing re: 6 Corporate Disclosure
Statement. Parties notified, filed. (ltrevino, ) (Entered: 03/16/2007)
03/19/2007 9 MOTION to Dismiss by Anthony P Tartaglia, Albany Medical College, filed. Motion
Docket Date 4/9/2007. (Attachments: # 1 Exhibit Exhibit A to Defendants' Motion to
Dismiss# 2 Proposed Order Order Granting Defendants' Motion to Dismiss)(Bath,
Jason) (Entered: 03/19/2007)
03/19/2007 10 ORDER This case is before the Court on the Motion to Dismiss (Motion) [Doc. # 9]
filed by Defendants Albany Medical College and Anthony P. Tartaglia. Prior to ruling
on the Motion, the Court will permit additional time for Plaintiffs to file a response in
opposition to the Motion. Accordingly, it is herebyORDERED that Plaintiffs shall file
a response, addressing each issue raised in Defendants Motion, on or before April 11,
2007. Plaintiffs are cautioned that failure to respond as ordered by April 11, 2007 may,
if appropriate, result in dismissal of his lawsuit as against the moving Defendants.
Defendants may file a reply by April 20, 2006. Responses due by 4/11/2007 Replies
due by 4/20/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, )
(Entered: 03/19/2007)
03/19/2007 11 CORPORATE DISCLOSURE STATEMENT, filed.(Bath, Jason) (Entered:
03/19/2007)
03/28/2007 12 Unopposed MOTION for Extension of Time Time to Confer by Sepracor Inc,
filed.Motion Docket Date 4/17/2007. (Attachments: # 1 Proposed Order)(Bradley,
James) (Entered: 03/28/2007)
03/29/2007 13 ORDER GRANTING 12 Unopposed MOTION for Extension of Time Time to Confer
Joint Discovery/Case Management Plan due by 6/22/2007 Show Cause Response due
by 6/4/2007 Initial Conference set for 6/29/2007 at 02:00 PM in Courtroom 9F before
Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.
04/06/2007 14 MOTION for Limited Discovery and Enlargement of time re: 10 Court's order by
Robert M Davidson, Vanessa E Komar, filed.Motion Docket Date 4/26/2007.
(Attachments) (bthomas, ) Additional attachment(s) added on 4/9/2007 (bthomas, ).
Additional attachment(s) added on 4/9/2007 (bthomas, ). Modified on 4/9/2007
6 of 14 8/2/2009 10:09 AM
(bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). (Entered:

04/09/2007)
04/11/2007 15 RESPONSE in Opposition to 14 MOTION for Extension of Time Limited Discovery
and Enlargement, filed by Anthony P Tartaglia, Albany Medical College. (Bath, Jason)
(Entered: 04/11/2007)
04/11/2007 16 RESPONSE to 9 MOTION to Dismiss, filed by Robert M Davidson, Vanessa E
Komar. (Attachments: # 1 Continuation Part 2 of 6)(ltrevino, ) Additional
attachment(s) added on 4/11/2007 (ltrevino, ). Modified on 4/11/2007 (ltrevino, ).
(Entered: 04/11/2007)
04/12/2007 17 ORDER denying as moot 14 Motion for Extension of Time.( Signed by Judge Nancy
F. Atlas ) Parties notified.(TDR) (Entered: 04/12/2007)
04/16/2007 18 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure12(b) by Bruce R
Heurlin, Jay Grossman, Eudice Grossman, filed. Motion Docket Date 5/7/2007. (Artz,
Daniel) (Entered: 04/16/2007)
04/17/2007 19 AMENDED Complaint with Jury Demand against all defendants filed by Robert M
Davidson, Vanessa E Komar. (Attachments: # 1 continuation# 2 continuation)
(bthomas, ) (Entered: 04/17/2007)
04/17/2007 20 MOTION to Dismiss for Failure to State a Claim by Sepracor Inc, filed. Motion
Docket Date 5/7/2007. (Attachments: # 1 Proposed Order)(Bradley, James) (Entered:
04/17/2007)
04/17/2007 21 MEMORANDUM In Support of re: 20 MOTION to Dismiss for Failure to State a
Claim by Sepracor Inc, filed.(Bradley, James) (Entered: 04/17/2007)
04/18/2007 22 ORDER This case is before the Court on the Motion to Dismiss [Doc. # 18] filed by
Defendants Jay Grossman, Eudice Grossman, and Bruce R. Heurlin, and the Motion to
Dismiss [Doc. # 20] filed by Defendant Sepracor Inc. (collectively, Motions). Prior to
ruling on the Motions, the Court will permit additional time for Plaintiffs to file a
response in opposition. Accordingly, it is herebyORDERED that Plaintiffs shall file a
response, addressing each issue raised in Defendants Motions, on or before May 8,
2007. Plaintiffs are cautioned that failure to respond as ordered by May 8, 2007 may,
if appropriate, result in dismissal of his lawsuit as against the moving Defendants.
Defendants may file a reply by May 14, 2007. Responses due by 5/8/2007 Replies due
by 5/14/2007.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, )
(Entered: 04/18/2007)
04/19/2007 23 MOTION for Paul E. Chronis to Appear Pro Hac Vice by Joseph C Mello, DVA Renal
Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F
Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007. (Wright,
Gary) (Entered: 04/19/2007)
04/19/2007 24 CORPORATE DISCLOSURE STATEMENT by DaVita Inc., filed.(Kurtz, Marcia)
(Entered: 04/19/2007)
04/19/2007 25 CORPORATE DISCLOSURE STATEMENT by DVA Renal Healthcare, Inc., filed.
(Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007 26 CORPORATE DISCLOSURE STATEMENT by Vivra Holdings, Inc., filed.(Kurtz,
Marcia) (Entered: 04/19/2007)
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04/19/2007 27 CORPORATE DISCLOSURE STATEMENT by Gambro Healthcare, Inc., filed.

(Kurtz, Marcia) (Entered: 04/19/2007)
04/19/2007 28 MOTION for Extension of Time Answer to Amended Complaint by Joseph C Mello,
DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc,
Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed. Motion Docket Date 5/9/2007.
(Attachments: # 1 Proposed Order)(Kurtz, Marcia) (Entered: 04/19/2007)
04/20/2007 29 REPLY in Support of 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany
Medical College. (Bath, Jason) (Entered: 04/20/2007)
04/20/2007 30 ORDER Granting 28 MOTION for Extension of Time Answer to Amended Complaint,
Answer due for Joseph C Mello 5/7/2007; Michael J Meehan 5/7/2007; Bruce R
Heurlin 5/7/2007; Anthony P Tartaglia 5/7/2007; DVA Renal Healthcare, Inc
5/7/2007; Albany Medical College 5/7/2007; Vivra Holdings, Inc 5/7/2007; Gambro
Healthcare, Inc 5/7/2007; Davita, Inc 5/7/2007; Sepracor Inc 5/7/2007; Jay Grossman
5/7/2007; Eudice Grossman 5/7/2007; Gayle F Petrillo 5/7/2007; Charles W Ott
5/7/2007; Joanne C Wray 5/7/2007; Kent J Thiry 5/7/2007.( Signed by Judge Nancy F.
Atlas ) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/20/2007 31 ORDER granting 23 Motion to Appear Pro Hac Vice.( Signed by Judge Nancy F. Atlas
) Parties notified.(sashabranner, ) (Entered: 04/20/2007)
04/23/2007 32 MOTION for Brian J. Butler to Appear Pro Hac Vice by Anthony P Tartaglia, Albany
Medical College, filed. Motion Docket Date 5/14/2007. (Bath, Jason) (Entered:
04/23/2007)
) Parties notified.(bgoolsby, ) (Entered: 04/24/2007)
04/26/2007 34 MOTION Motion to Consider the Motion to Dismiss the Complaint as Addressed to
Plaintiffs' Amended Complaint by Anthony P Tartaglia, Albany Medical College, filed.
Motion Docket Date 5/16/2007. (Bath, Jason) (Entered: 04/26/2007)
04/26/2007 35 MOTION for Joinder as to 19 Amended Complaint/Counterclaim/Crossclaim etc. by
Robert M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/16/2007.
(Attachments: # 1 Proposed Order)(esmith, ) (Entered: 04/26/2007)
04/26/2007 36 ORDER denying 35 Motion for Joinder.( Signed by Judge Nancy F. Atlas ) Parties
notified.(sashabranner, ) (Entered: 04/26/2007)
04/27/2007 37 MOTION to Dismiss Amended Complaint by Sepracor Inc, filed. Motion Docket Date
5/17/2007. (Attachments: # 1 Proposed Order)(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007 38 MEMORANDUM In Support of re: 37 MOTION to Dismiss Amended Complaint by
Sepracor Inc, filed.(Conaty, Kelley) (Entered: 04/27/2007)
04/27/2007 39 MOTION to Dismiss Amended Complaint by Bruce R Heurlin, Jay Grossman, Eudice
Grossman, filed. Motion Docket Date 5/17/2007. (Artz, Daniel) (Entered: 04/27/2007)
04/27/2007 40 MOTION for Judicial Notice Under Federal Rules of Evidence Rule 201(D) by Robert
M Davidson, Vanessa E Komar, filed. Motion Docket Date 5/17/2007. Additional
attachment(s) added on 5/4/2007 (jegonzalez, ). Additional attachment(s) added on
5/4/2007 (dpower, ). (Entered: 05/02/2007)
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05/07/2007 41 MOTION to Dismiss for Lack of Personal Jurisdiction by Michael J Meehan, filed.
Motion Docket Date 5/29/2007. (Attachments: # 1)(Fogler, Murray) (Entered:
05/07/2007)
05/07/2007 42 MOTION to Dismiss 19 First Amended Complaint, MOTION for Sanctions and
MOTION for Injunctive Relief by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra
Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott,
Kent J Thiry, filed. Motion Docket Date 5/29/2007. (Attachments: # 1 Proposed)
(Kurtz, Marcia) Motions for Sanctions, Injunctive Relief added on 5/11/2007 (ltien, ).
(Entered: 05/07/2007)
05/07/2007 43 MEMORANDUM of Law DaVita Defendants' Memorandum in Support of Their
Motion to Dismiss First Amended Complaint Pursuant to Rules 8, 9 and 12 of the
Federal Rules of Civil Procedure, for Sanctions and for Injunctive Relief re: 42
MOTION to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. MOTION
to Dismiss 19 Amended Complaint/Counterclaim/Crossclaim etc. by Joseph C Mello,
DVA Renal Healthcare, Inc, Vivra Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc,
Gayle F Petrillo, Charles W Ott, Kent J Thiry, filed.(Kurtz, Marcia) (Entered:
05/08/2007)
05/08/2007 44 Certificate of Service by Joseph C Mello, DVA Renal Healthcare, Inc, Vivra
Holdings, Inc, Gambro Healthcare, Inc, Davita, Inc, Gayle F Petrillo, Charles W Ott,
Kent J Thiry, filed.(Kurtz, Marcia) (Entered: 05/08/2007)
05/08/2007 45 RESPONSE to 39 MOTION to Dismiss Amended Complaint, filed by Robert M
Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3
Continuation # 4 Continuation)(esmith, ) (Entered: 05/10/2007)
05/08/2007 47 RESPONSE to 20 MOTION to Dismiss for Failure to State a Claim, filed by Robert
M Davidson, Vanessa E Komar. (Attachments: # 1 Continuation # 2 Continuation # 3
Continuation)(esmith, ) (Entered: 05/11/2007)
05/10/2007 46 ORDER Several defendants filed motions to dismiss Plaintiffs original complaint, after
which Plaintiffs filed an Amended Complaint [Doc. # 19]. It is herebyORDERED that
the Motions to Dismiss [Docs. # 18 and # 20] are DEEMED MOOT, as the moving
Defendants have now filed motions to dismiss the amended complaint. It is
furtherORDERED that Defendants Albany Medical College and Anthony P. Tartaglias
Motion to Consider the Motion to Dismiss the Complaint as Addressed to the
Amended Complaint [Doc. # 34] is GRANTED. It is furtherORDERED that Plaintiffs
may not file another amended complaint without leave of court. It is
furtherORDERED that Plaintiffs Motion for Judicial Notice [Doc. # 40] is GRANTED
only to the extent that the Court can take judicial notice of the existence of Plaintiffs
Petition for Writ of Mandamus, denied by the United States Supreme Court in
November 2006, and DENIED in all other respects. It is furtherORDERED that
Plaintiffs shall file by May 25, 2007, a consolidated response addressing each issue
raised in Defendants Motions to Dismiss [Docs. # 9, # 37, # 39, # 41, and # 42].
Plaintiffs are cautioned that failure to respond as ordered by May 25, 2007 may, if
appropriate, result in dismissal of this lawsuit. Defendants may file a reply by June 1,
2007. It is furtherORDERED that by June 1, 2007, Plaintiffs shall either present
evidence of service on Defendant Joanne Wray or show cause why this case should
not be dismissed for lack of service. Plaintiffs are advised that failure to comply will
result in dismissal of this case as to Defendant Wray pursuant to Rule 4(m) of the
Federal Rules of Civil Procedure.mooting 18 Motion to Dismiss; mooting 20 Motion to
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Dismiss; granting 34 Motion; granting 40 Motion.( Signed by Judge Nancy F. Atlas )

Parties notified.(sashabranner, ) (Entered: 05/10/2007)
05/11/2007 48 SECOND MOTION for Judicial Notice by Robert M Davidson, Vanessa E Komar,
filed. Motion Docket Date 5/31/2007. (Attachments: # 1 Continuation # 2
Continuation # 3 Continuation # 4 Continuation)(ltrevino, ) Additional attachment(s)
added on 5/17/2007 (ltrevino, ). (Entered: 05/17/2007)
05/16/2007 51 RETURN of Service of SUMMONS Executed as to Joseph C Mello served on
4/10/2007, answer due 4/30/2007; Michael J Meehan served on 4/17/2007, answer
due 5/7/2007; Vivra Holdings, Inc served on 3/27/2007, answer due 4/16/2007;
Gambro Healthcare, Inc served on 4/9/2007, answer due 4/30/2007; Davita, Inc
served on 3/27/2007, answer due 4/16/2007; Kent J Thiry served on 4/10/2007,
answer due 4/30/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007 52 WAIVER OF SERVICE Returned Executed as to Bruce R Heurlin served on
2/16/2007, answer due 4/16/2007, filed.(espencer, ) Modified on 5/21/2007 (espencer,
). (Entered: 05/21/2007)
05/16/2007 53 WAIVER OF SERVICE Returned Executed as to Joanne C Wray served on
2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007 54 WAIVER OF SERVICE Returned Executed as to Eudice Grossman served on
2/16/2007, answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/16/2007 55 WAIVER OF SERVICE Returned Executed as to Jay Grossman served on 2/16/2007,
answer due 4/17/2007, filed.(espencer, ) (Entered: 05/21/2007)
05/18/2007 49 ORDER granting in part and denied in part 48 Motion.( Signed by Judge Nancy F.
05/18/2007 50 Amended page 11 to Sepracor Inc's 38 Memorandum in Support of 37 Motion to
Dismiss First Amended Complaint, filed.(sashabranner, ) Filer corrected on 6/6/2007
(ltien, ). (Entered: 05/18/2007)
05/21/2007 ***Answer due for Bruce R Heurlin 4/16/2007. (espencer, ) (Entered: 05/21/2007)
05/25/2007 56 Plaintiff's Consolidated Response, filed by Robert M Davidson. (dpower, ) (Entered:
05/29/2007)
05/25/2007 57 APPENDIX of Exhibits in Support of: 56 Plaintiffs' Consolidated Response by Robert
M Davidson, filed. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5
Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12
Exhibit # 13 Exhibit)(pcrawford, ) (Entered: 05/29/2007)
05/30/2007 58 MOTION for Sandra F. Palmer to Appear Pro Hac Vice by Sepracor Inc, filed. Motion
Docket Date 6/19/2007. (Conaty, Kelley) (Entered: 05/30/2007)
05/30/2007 59 Notification of Service on Michael J. Meehan of 19 Amended Complaint/Counterclaim
/Crossclaim etc. by Robert M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered:
05/31/2007)
05/30/2007 60 AMENDED CERTIFICATE OF SERVICE of 57 Appendix, 56 Response by Robert
M Davidson, Vanessa E Komar, filed.(bthomas, ) (Entered: 05/31/2007)
06/01/2007 61 REPLY in Support of 41 MOTION to Dismiss for Lack of Personal Jurisdiction, filed
by Michael J Meehan. (Fogler, Murray) (Entered: 06/01/2007)
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06/01/2007 62 REPLY in Support of 37 MOTION to Dismiss Amended Complaint, filed by Sepracor

Inc. (Conaty, Kelley) (Entered: 06/01/2007)
06/01/2007 63 REPLY to Response to 9 MOTION to Dismiss, filed by Anthony P Tartaglia, Albany
Medical College. (Bath, Jason) (Entered: 06/01/2007)
) Parties notified.(sashabranner, ) (Entered: 06/04/2007)
06/13/2007 65 SEALED MOTION, filed. (Attachments: # 1 Proposed Order) (mmapps, ) (Entered:
06/14/2007)
06/18/2007 66 ORDER Joint Discovery/Case Management Plan due by 7/13/2007 Initial Conference
set for 7/20/2007 at 12:30 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed
by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 06/18/2007)
06/18/2007 67 SEALED ORDER.Denied Motion [Doc. #65]( Signed by Judge Nancy F. Atlas )
06/19/2007 68 Third Notice of RETURN of Service of SUMMONS Executed as to Anthony P
Tartaglia served on 6/1/2007, answer due 6/21/2007; Albany Medical College served
on 5/28/2007, answer due 6/18/2007; Gayle F Petrillo served on 6/1/2007, answer due
6/21/2007, filed. (Entered: 06/19/2007)
07/05/2007 69 MEMORANDUM AND ORDER granting 37 Motion to Dismiss; granting 39 Motion
to Dismiss; granting 41 Motion to Dismiss; granting 42 Motion to Dismiss; granting 9
Motion to Dismiss.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, )
(Entered: 07/05/2007)
07/05/2007 70 FINAL JUDGMENT. Case terminated on 7/5/2007.( Signed by Judge Nancy F. Atlas )
07/13/2007 71 MOTION to ALTER OR AMEND JUDGMENT by Robert M Davidson, Vanessa E
Komar, filed. Motion Docket Date 8/2/2007. (Attachments: # 1 Affidavit # 2 Exhibit)
(mmapps, ) (Entered: 07/13/2007)
07/17/2007 72 RESPONSE to 71 MOTION to Alter Judgment MOTION to Amend 70 Final
Judgment, filed by Sepracor Inc. (Conaty, Kelley) (Entered: 07/17/2007)
07/17/2007 73 PROPOSED ORDER re: 72 Response to Motion, filed.(Conaty, Kelley) (Entered:
07/17/2007)
08/14/2007 74 MEMORANDUM AND ORDER denying 71 Motion to Alter or Amend Judgment.(
Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 08/14/2007)
08/24/2007 75 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 69 Order on
Motion to Dismiss, 46 Order on Motion for Miscellaneous Relief, 70 Final Judgment,
67 Sealed Order, 74 Order on Motion to Alter Judgment, Order on Motion to Amend
by Robert M Davidson, Vanessa E Komar (Filing fee $ 455), filed.(blacy, ) (Entered:
08/27/2007)
08/28/2007 APPEAL Filing fee re: 75 Notice of Appeal, : $455.00, receipt number 4-584520,
filed. (ejones, ) Paid by Robert Davidson (Entered: 08/28/2007)
08/31/2007 76 Notice of Assignment of USCA No. 07-20650 re: 75 Notice of Appeal,, filed.(bthomas,
) (Entered: 08/31/2007)
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09/07/2007 77 MOTION for Bond by Bruce R Heurlin, Jay Grossman, Eudice Grossman, filed.
Motion Docket Date 9/27/2007. (Artz, Daniel) (Entered: 09/07/2007)
09/10/2007 78 Notice of the Filing of an Appeal. DKT13 transcript order form was not mailed to
appellant (0 copies). Fee status: Paid. The following Notice of Appeal and related
motions are pending in the District Court: 77 MOTION for Bond, 75 Notice of
Appeal,, filed.(mmar, ) (Entered: 09/10/2007)
09/14/2007 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 75
Notice of Appeal, USCA No. 07-20650, filed.(jbradford) (Entered: 09/14/2007)
09/18/2007 79 OBJECTIONS to Motion of Defendants Jay Grossman,Eudice Grossman, and Bruce
R. Heurlin To Require Bond For Costs 77 MOTION for Bond, filed by Robert M
Davidson, Vanessa E Komar. (Attachments: # 1 Attachment# 2 Attachment# 3
Attachment# 4 Attachment)(dbiagas, ) (Entered: 09/18/2007)
09/19/2007 80 ORDER granting 77 Motion for Bond.Plaintiffs/Appellants are required, pursuant to
Rule 7 of the Federal rules of Appellate Procedure, to post a bond in the amount of
$2,000.00 to ensure payment of costs on appeal.( Signed by Judge Nancy F. Atlas )
09/21/2007 81 Transmittal Letter on Appeal Certified re: 75 Notice of Appeal,. CDs containing the
electronic record are being sent to Mr. Davidson, Ms. Komar, Mr. Artz, Mr. Bath, Mr.
Bradley and K A Conaty. (USCA No. 07-20650), filed.(hler, ) (Entered: 09/21/2007)
10/01/2007 RECEIVED BOND of $2000.00, receipt number 4-585399, PAID BY ROBERT
DAVIDSON 80 ORDER OF 9/19/07., filed. (ejones, ) (Entered: 10/01/2007)
10/04/2007 82 Transmittal Letter on Appeal. re: 75 Notice of Appeal,. A paper copy of the certified
electronic record consisting of 11 volumes (10 File Folders, 1 Sealed Envelope) is
being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 07-20650), filed.
(jzielske, ) (Entered: 10/04/2007)
10/22/2007 83 MOTION for Indicative Ruling by Robert M Davidson, Vanessa E Komar, filed.
Motion Docket Date 11/13/2007. (Attachments: # 1 Affidavit# 2 Exhibits# 3 Exhibits
Continued# 4Exhibits Continued# 5 Exhibits Continued# 6 Exhibits Continued# 7
Proposed Order)(rsmith, ) (Entered: 10/22/2007)
10/24/2007 84 ORDER denying 83 Motion.( Signed by Judge Nancy F. Atlas ) Parties notified.
03/10/2008 85 Per Curiam of USCA for the Fifth Circuit (copy) dated 02/28/2008 re: 75 Notice of
Appeal, ; USCA No. 07-20650. Appellee's motion for attorney's fees is Granted.
Appellee's motion for double costs is GRANTED. Appellee's motion for Sanctions is
Granted., filed.(bdaniel, ) (Entered: 03/11/2008)
03/31/2008 86 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/26/08 re: 75 Notice
of Appeal, ; USCA No. 07-20650, filed.(kettac, ) (Entered: 03/31/2008)
03/31/2008 87 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 03/26/2008 re: 75
Notice of Appeal; USCA No. 07-20650. The motion of appellees Albany Medical
College and Anthony P. Tartaglia for an award of attorney's fees and costs is Granted.,
filed.(bdaniel, ) (Entered: 03/31/2008)
12 of 14 8/2/2009 10:09 AM
04/01/2008 88 Per Curiam of USCA for the Fifth Circuit (certified copy) dated 3/6/08 re: 75 Notice
of Appeal, ; USCA No. 07-20650. AFFIRMED; all pending motions or requests by
appellants are denied. Costs on appeal are to be taxed against plaintiffs-appellants.,
filed.(ceaton, ) Modified on 4/3/2008 (ltien, ). (Entered: 04/01/2008)
04/01/2008 89 Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 75
Notice of Appeal, ; consisting of 1 Sealed Envelope (USCA No. 07-20650).
Reassembled and forwarded to file room, filed.(ceaton, ) (Entered: 04/01/2008)
04/01/2008 90 Copy of Bill of Costs by USCA for the Fifth Circuit in the amount of $81.00 against
Appellant Robert M Davidson (USCA No. 07-20650), filed.(ceaton, ) (Entered:
04/03/2008)
Robert M Davidson and Vanessa Komar (USCA No. 07-20650), filed.(ceaton, )
(Entered: 04/03/2008)
Robert M Davidson and Vanessa E Komar (USCA No. 07-20650), filed.(ceaton, )
(Entered: 04/03/2008)
04/04/2008 93 Joint MOTION for Disbursement of Funds by Jay Grossman, filed. Motion Docket
Date 4/24/2008. (Artz, Daniel) Additional attachment(s) added on 4/4/2008 (knguyen,
). (Entered: 04/04/2008)
04/04/2008 94 PROPOSED ORDER re: 93 Joint MOTION for Disbursement of Funds, filed.(Artz,
Daniel) (Entered: 04/04/2008)
04/08/2008 95 MOTION to Vacate 70 Final Judgment by Robert M Davidson, Vanessa E Komar,
filed. Motion Docket Date 4/28/2008. (Attachments: # 1 Declaration of Robert M.
Davidson# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8
Exhibit # 9 Exhibit)(jegonzalez, ) (Entered: 04/09/2008)
04/09/2008 96 ORDER denying 95 Motion to Vacate.( Signed by Judge Nancy F. Atlas ) Parties
notified.(sashabranner, ) (Entered: 04/09/2008)
04/10/2008 97 ORDER granting 93 Motion for Disbursement of Funds.( Signed by Judge Nancy F.
04/18/2008 Disbursement of Registry Funds to Marcia E Kurtz, Esq. in the amount of $647.40 on
4/18/2008 re: 97 Order on Motion for Disbursement of Funds, filed. (knguyen, )
(Entered: 04/18/2008)
04/18/2008 Disbursement of Registry Funds to Daniel J Artz, Esq. in the amount of $699.15 on
(Entered: 04/18/2008)
04/18/2008 Disbursement of Registry Funds to Brian J Butler, Esq. in the amount of $599.39 on
(Entered: 04/18/2008)
04/18/2008 Disbursement of Registry Funds to Sandra F Palmer, Esq. in the amount of $81.00 on
(Entered: 04/18/2008)
13 of 14 8/2/2009 10:09 AM
04/21/2008 98 MOTION to Alter or Amend Judgment by Robert M Davidson, Vanessa E Komar,

filed. Motion Docket Date 5/12/2008. (mharrison, ) Additional attachment(s) added on
4/21/2008 (mharrison, ). (Entered: 04/21/2008)
04/22/2008 99 ORDER denying 98 Motion to Alter Judgment.ORDERED that Plaintiff may not file
any additional motions in this case unless and until they have paid in full the attorneys
fees and costs imposed by the United States Court of Appeals for the Fifth Circuit. See
Docs. # 85, # 86, and # 87. Any motions filed in violation of this order will be
stricken.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered:
04/22/2008)
10/16/2008 100 The petition for a writ of certiorari filed with the Supreme Court has been denied
(USCA No. 07-20650) (USSC No. 07-1525), filed.(kmurphy, ) (Entered: 10/17/2008)
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Federal Pacer Docket SDTX Davidson v. Grossman

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Federal Pacer Docket SDTX Davidson v. Grossman

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DC CM/ECF LIVE- US District Court-Texas Southern https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?

U.S. District Court

Davidson et al v. Grossman et al Date Filed: 02/02/2007

Gayle F Petrillo represented by Marcia E Kurtz

Jason Dean Bath

James Patrick Bradley

Kelley Anne Conaty

Date Filed # Docket Text

(bthomas, ). Additional attachment(s) added on 4/9/2007 (bthomas, ). (Entered:

04/19/2007 27 CORPORATE DISCLOSURE STATEMENT by Gambro Healthcare, Inc., filed.

Dismiss; granting 34 Motion; granting 40 Motion.( Signed by Judge Nancy F. Atlas )

06/01/2007 62 REPLY in Support of 37 MOTION to Dismiss Amended Complaint, filed by Sepracor

04/21/2008 98 MOTION to Alter or Amend Judgment by Robert M Davidson, Vanessa E Komar,

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