This case was last updated from U.S. District Courts on 07/21/2022 at 07:28:59 (UTC).

First Choice Prosthetic & Orthopedic Service, Inc. v. Conmed Corporation

Case Summary

On 05/22/2022 First Choice Prosthetic Orthopedic Service, Inc filed an Other - Arbitration lawsuit against Conmed Corporation. This case was filed in U.S. District Courts, Puerto Rico District Court. The Judges overseeing this case are Pedro A. Delgado-Hernandez and Raul M. Arias-Marxuach. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01235

  • Filing Date:

    05/22/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

Judge Details

Presiding Judges

Pedro A. Delgado-Hernandez

Raul M. Arias-Marxuach

 

Party Details

Plaintiff

First Choice Prosthetic & Orthopedic Service, Inc.

Defendant

Conmed Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Luis A. Melendez-Albizu

Attorney at Luis A. Melendez Albizu & Assoc. PSC

117 De Diego Ave., Urb. San Francisco

San Juan, PR 00927

Defendant Attorneys

John G Powers

Attorney at Hancock Estabrook LLP

1800 Axa Tower 1, 100 Madison

Syracuse, NY 13202

Manuel A. Pietrantoni

Attorney at Marini Pietrantoni Muniz LLC

250 Ponce De Leon Ave, Suite 900, Mcs Plaza

San Juan, PR 00918

 

Court Documents

#26

(#26) JUDGMENT is entered DISMISSING this action WITHOUT PREJUDICE in its entirety. Signed by Judge Raul M. Arias-Marxuach on 7/11/2022. (mrr) (Entered: 07/11/2022)

24 #6

Exhibit Exhibit 6

24 #5

Exhibit Exhibit 5

24 #4

Exhibit Exhibit 4

24 #3

Exhibit Exhibit 3

24 #2

Exhibit Exhibit 2

24 #1

Exhibit Exhibit 1

24 #24

Main Document

#14

(#17) MOTION to Strike and RESPONSE to Motion Re: #14 Memorandum in Opposition and MOTION for Entry of Default as to Conmed Corporation, filed by First Choice Prosthetic & Orthopedic Service, Inc.; filed by Manuel A. Pietrantoni on behalf of Conmed Corporation. Responses due by 6/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #14 ) (Pietrantoni, Manuel) Modified docket text on 6/14/2022 (rim). (Entered: 06/14/2022)

1 #13

Civil Cover Sheet Civil Cover Sheet

1 #11

Exhibit Exh. 11 - Notice of Motion, Memo of Law and Affidavit in Support filed w

1 #8

Exhibit Exh. 8 - Arbitrator's June 30, 2021 Order Regarding Choice of Law

1 #7

Exhibit Exh. 7 - Arbitrator April 14, 2021 Scheduling Order No. 1

1 #6

Exhibit Exh. 6 - AAA Letters appointing and confirming Arbitrator and Oath Form

1 #4

Exhibit Exh. 4 - Conmed Demand for Arbitration

1 #3

Exhibit Exh. 3 - Conmed International Terms and Conditions of Sales

1 #1

Exhibit Exh. 1 - 2014 SAL

1 #1

Main Document

51 More Documents Available

 

Docket Entries

  • 07/11/2022
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  • Docket(#26) JUDGMENT is entered DISMISSING this action WITHOUT PREJUDICE in its entirety. Signed by Judge Raul M. Arias-Marxuach on 7/11/2022. (mrr) (Entered: 07/11/2022)

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  • 07/11/2022
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  • Docket(#25) ORDER granting #24 Notice of Voluntary Dismissal. Judgment of dismissal without prejudice shall be entered accordingly. Signed by Judge Raul M. Arias-Marxuach on 7/11/2022. (mrr) (Entered: 07/11/2022)

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  • 07/10/2022
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  • Docket(#24) NOTICE of Voluntary Dismissal Without Prejudice under Rule 41(a)(1)(A)(i) by First Choice Prosthetic & Orthopedic Service, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6) (Melendez-Albizu, Luis) (Entered: 07/10/2022)

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  • 06/24/2022
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  • Docket(#23) ORDER holding in abeyance #5 Motion to Expedite; granting #12 Motion for Extension of Time. Defendant Conmed Corporation shall plead or otherwise defend and respond to the motion at CM/ECF #5 by July 11, 2022 ; denying #14 Motion for Entry of Default. First extensions of time to plead or otherwise defend are generally granted in this District. See Local Civil Rule 6; finding as moot #17 Motion to Strike, in light of the Order granting defendant an extension of time to plead or otherwise defend. Signed by Judge Raul M. Arias-Marxuach on 6/24/2022. (mrr) (Entered: 06/24/2022)

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  • 06/22/2022
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  • Docket(#22) NOTICE of Appearance by John G Powers on behalf of Conmed Corporation (Powers, John) (Entered: 06/22/2022)

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  • 06/22/2022
  • Docket(#21) NOTICE TO PRO HAC VICE John Powers re: 20 Order on Motion to Appear PHV : The Court has granted your pro hac vice application. In order to start receiving notifications, you must file a notice of appearance using your upgraded PACER account. For more information, visit the following link: #https://www.prd.uscourts.gov/nextgen-cmecf-what-it-means-you. (rim) (Entered: 06/22/2022)

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  • 06/21/2022
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  • Docket(#20) ORDER granting #19 Motion to Appear PHV. Attorney John G. Powers admitted PHV. Signed by Judge Raul M. Arias-Marxuach on 6/21/2022. (mrr) (Entered: 06/21/2022)

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  • 06/15/2022
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  • Docket(#19) Motion to allow John Powers to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-7797935) filed by Manuel A. Pietrantoni on behalf of Conmed Corporation Responses due by 6/29/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Pietrantoni, Manuel) (Entered: 06/15/2022)

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  • 06/14/2022
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  • Docket(#18) MEMORANDUM in Opposition Opposition to Conmed's Motion to Strike (Dkt. No. 17) filed by First Choice Prosthetic & Orthopedic Service, Inc. Re: #17 MOTION to Strike and RESPONSE to Motion Re: #14 Memorandum in Opposition,, filed by First Choice Prosthetic & Orthopedic Service, Inc. filed by Conmed Corporation filed by First Choice Prosthetic & Orthopedic Service, Inc.. (Melendez-Albizu, Luis) (Entered: 06/14/2022)

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  • 06/14/2022
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  • Docket(#17) MOTION to Strike and RESPONSE to Motion Re: #14 Memorandum in Opposition and MOTION for Entry of Default as to Conmed Corporation, filed by First Choice Prosthetic & Orthopedic Service, Inc.; filed by Manuel A. Pietrantoni on behalf of Conmed Corporation. Responses due by 6/28/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #14 ) (Pietrantoni, Manuel) Modified docket text on 6/14/2022 (rim). (Entered: 06/14/2022)

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6 More Docket Entries
  • 05/27/2022
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  • Docket(#10) SUMMONS Issued as to Conmed Corporation. (Attachments: #1 Summons) (vdm) (Entered: 05/27/2022)

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  • 05/27/2022
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  • Docket(#9) ORDER: Granting #7 "Motion for Order to Issue New Summons in Order to Serve the Amended Petition." Signed by Judge Pedro A. Delgado-Hernandez on 5/27/2022. (LM) (Entered: 05/27/2022)

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  • 05/27/2022
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  • Docket(#8) ORDER re: #5 "Motion to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award." Respondent shall respond not later than June 10, 2022. Signed by Judge Pedro A. Delgado-Hernandez on 5/27/2022.(LM) (Entered: 05/27/2022)

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  • 05/27/2022
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  • Docket(#7) MOTION for Issuance of New Summons in Order to Serve the Amended Petition as to Conmed Corporation filed by Luis A. Melendez-Albizu on behalf of First Choice Prosthetic & Orthopedic Service, Inc. Responses due by 6/10/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Summons New Summons to Serve the Amended Petition)(Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm). (Entered: 05/27/2022)

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  • 05/27/2022
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  • Docket(#6) AMENDED COMPLAINT Amended Petition to Confirm Arbitration Order Regarding Choice of Law and Final Arbitration Award and for Declaratory Judgment against Conmed Corporation, filed by First Choice Prosthetic & Orthopedic Service, Inc.. (Attachments: #1 Exhibit Exh. 1 - 2014 SAL, #2 Exhibit Exh. 2 - 2019 SAL, #3 Exhibit Exh. 3 - Conmed International Terms and Conditions of Sales, #4 Exhibit Exh. 4 - Conmed Demand for Arbitration, #5 Exhibit Exh. 5 - First Choice Response to Demanda for Arbitration, #6 Exhibit Exh. 6 - AAA Letters appointing and confirming Arbitrator and Oath Form, #7 Exhibit Exh. 7 - Arbitrator April 14, 2021 Scheduling Order No. 1, #8 Exhibit Exh. 8 - Arbitrator's June 30, 2021 Order Regarding Choice of Law, #9 Exhibit Exh. 9 - Arbitrator's Nov. 10, 2021 Final Award, #10 Exhibit Exh. 10 - Conmed April 1, 2022 email on full payment of owed debt, #11 Exhibit Exh. 11 - Notice of Motion, Memo of Law and Affidavit in Support filed with the New York Case, #12 Exhibit Exh. 12 - Reply Brief filed by First Choice with the New York Case)(Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm). (Entered: 05/27/2022)

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  • 05/26/2022
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  • Docket(#5) MOTION to Expedite and Convert Case to a Summary Procedure for Adjudicating Petition to Confirm Arbitration Award filed by Luis A. Melendez-Albizu on behalf of First Choice Prosthetic & Orthopedic Service, Inc. Responses due by 6/9/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Melendez-Albizu, Luis) Modified on 5/27/2022 to replace capital letters (mcm). (Entered: 05/26/2022)

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  • 05/26/2022
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  • Docket(#4) SUMMONS Returned Executed by First Choice Prosthetic & Orthopedic Service, Inc. upon Conmed Corporation served on 5/24/2022, answer due 6/14/2022. (Attachments: #1 Exhibit Summons executed with certificate of service and affidavit) (Melendez-Albizu, Luis) Modified on 5/27/2022 to correct event title (mcm). (Entered: 05/26/2022)

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  • 05/23/2022
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  • Docket(#3) Summons Issued as to Conmed Corporation (Attachments: #1 Summons) (arg) (Entered: 05/23/2022)

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  • 05/23/2022
  • Docket(#2) NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Pedro A. Delgado-Hernandez (arg) (Entered: 05/23/2022)

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  • 05/22/2022
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  • Docket(#1) COMPLAINT Petition to Confirm Order and Final Arbitration Award and for Declaratory Judgment against Conmed Corporation ( Filing fee $402 receipt number APRDC-7764782.), filed by First Choice Prosthetic & Orthopedic Service, Inc.. Service due by 8/22/2022, (Attachments: #1 Exhibit Exh. 1 - 2014 SAL, #2 Exhibit Exh. 2 - 2019 SAL, #3 Exhibit Exh. 3 - Conmed International Terms and Conditions of Sales, #4 Exhibit Exh. 4 - Conmed Demand for Arbitration, #5 Exhibit Exh. 5 - First Choice Response to Demanda for Arbitration, #6 Exhibit Exh. 6 - AAA Letters appointing and confirming Arbitrator and Oath Form, #7 Exhibit Exh. 7 - Arbitrator April 14, 2021 Scheduling Order No. 1, #8 Exhibit Exh. 8 - Arbitrator's June 30, 2021 Order Regarding Choice of Law, #9 Exhibit Exh. 9 - Arbitrator's Nov. 10, 2021 Final Award, #10 Exhibit Exh. 10 - Conmed April 1, 2022 email on full payment of owed debt, #11 Exhibit Exh. 11 - Notice of Motion, Memo of Law and Affidavit in Support filed with the New York Case, #12 Category Sheet Category Sheet, #13 Civil Cover Sheet Civil Cover Sheet, #14 Summons Summons)(Melendez-Albizu, Luis) (Entered: 05/22/2022)

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