Case title: USA v. NORIAN CORPORATION et al |
Date Filed: 06/16/2009 Date Terminated: 12/01/2010 |
| Assigned to: HONORABLE LEGROME D. DAVIS | ||
Defendant (1) |
||
|
NORIAN CORPORATION
TERMINATED: 12/01/2010 |
represented by | JAMES T. SMITH
BLANK ROME LLP ONE LOGAN SQUARE 18TH & CHERRY STREETS PHILADELPHIA, PA 19103 215-569-5500 Fax: 215-569-5555 Email: smith-jt@blankrome.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES (1ss) |
SPECIAL ASSESSMENT: $14,150, FINE: $22,500,000 | |
| 21:331(a), 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (3ss-112ss) |
SPECIAL ASSESSMENT: $14,150, FINE: $22,500,000 | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:371 CONSPIRACY (1) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 18:371 - CONSPIRACY (1s) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 18:1001 FALSE STATEMENTS (2-8) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a), 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (2ss) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a) and 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (3s-112s) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a) AND 333(a)(2) INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES WITH INTENT TO DEFRAUD (9-52) |
DISMISSED ON GOVERNMENT'S MOTION | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
| Assigned to: HONORABLE LEGROME D. DAVIS | ||
Defendant (2) |
||
|
SYNTHES, INC.
TERMINATED: 11/30/2010 |
represented by | DONALD J. GOLDBERG
BALLARD, SPAHR, ANDREWS AND INGERSOLL 1735 MARKET STREET 51ST FL. PHILA, PA 19103-7599 215-864-8345 Fax: 215-864-9745 Email: goldbergd@ballardspahr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained AMY SHELLHAMMER 407 CYPRESS ST APR 3F PHILADELPHIA, PA 19106 267-231-6185 Email: ashellha@alumni.law.upenn.edu ATTORNEY TO BE NOTICED Designation: Retained |
Pending Counts |
Disposition |
|
| 21:331(a), 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (2ss) |
SPECIAL ASSESSMENT: $125, FINE: $200,000 | |
Highest Offense Level (Opening) |
||
| Felony | ||
Terminated Counts |
Disposition |
|
| 18:371 - CONSPIRACY TO DEFRAUD THE UNITED STATES (1ss) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a) and 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (2s) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a), 333(a)(1) - INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (3ss-112ss) |
DISMISSED ON GOVERNMENT'S MOTION | |
| 21:331(a) AND 333(a)(1) INTRODUCING INTO INTERSTATE COMMERCE ADULTERATED AND MISBRANDED MEDICAL DEVICES (53-96) |
DISMISSED ON GOVERNMENT'S MOTION | |
Highest Offense Level (Terminated) |
||
| Felony | ||
Complaints |
Disposition |
|
| None |
Plaintiff |
||
| USA | represented by | MARY E. CRAWLEY
U.S. ATTORNEY'S OFFICE 615 CHESTNUT STREET SUITE 1250 PHILADELPHIA, PA 19106-4476 TEL 215-861-8519 Fax: 215-861-8618 Email: mary.crawley2@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED DAVID J. CAPUTO U.S. DEPT OF JUSTICE 615 CHESTNUT ST., SUITE 1250 PHILADELPHIA, PA 19106 215-861-8467 TERMINATED: 02/25/2010 GERALD B. SULLIVAN ASSISTANT U.S. ATTORNEY - US ATTY'S OFFICE 615 CHESTNUT ST., STE. 1250 PHILADELPHIA, PA 19106-4476 215-861-8786 Fax: 215-861-8349 Email: gerald.sullivan@usdoj.gov ATTORNEY TO BE NOTICED JOEL D. SCHWARTZ U.S. DEPT OF JUSTICE POBOX 386 WASHINGTON, DC 20044 202-514-0514 Email: joel.schwartz@usdoj.gov |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/16/2009 | 1 | INDICTMENT as to NORIAN CORPORATION (1) count(s) 1, 2-8, 9-52, SYNTHES, INC. (2) count(s) 53-96, MICHAEL D. HUGGINS (3) count(s) 97, THOMAS B. HIGGINS (4) count(s) 97, RICHARD E. BOHNER (5) count(s) 97, JOHN J. WALSH (6) count(s) 97. (cw, ) (Entered: 06/17/2009) |
| 06/26/2009 | 2 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL Telephone Conference as to NORIAN CORPORATION held on 6/25/09.Court Reporter ESR.(gs) (Entered: 06/29/2009) |
| 06/30/2009 | 5 | NOTICE OF ATTORNEY APPEARANCE DAVID J. CAPUTO appearing for USA. and Certificate of Service (CAPUTO, DAVID) (Entered: 06/30/2009) |
| 06/30/2009 | 6 | NOTICE OF ATTORNEY APPEARANCE GERALD B. SULLIVAN appearing for USA. (SULLIVAN, GERALD) (Entered: 06/30/2009) |
| 07/16/2009 | 20 | NOTICE OF HEARING as to NORIAN CORPORATION Initial Appearance set for Thursday, 7/30/2009 at 1:30 AM in COURTROOM 5B, 5th Floor before MAGISTRATE JUDGE THOMAS J. RUETER. (llb) (Entered: 07/16/2009) |
| 07/16/2009 | 21 | NOTICE OF HEARING as to SYNTHES, INC. Initial Appearance set for Thursday, 7/30/2009 at 1:30 PM in COURTROOM 5B, 5th Floor before MAGISTRATE JUDGE THOMAS J. RUETER. (llb) (Entered: 07/16/2009) |
| 07/30/2009 | 45 | Minute Entry for proceedings held before MAGISTRATE JUDGE THOMAS J. RUETER Arraignment as to NORIAN CORPORATION (1) Count 1,2-8,9-52 held on 7/30/09., Initial Appearance as to NORIAN CORPORATION held on 7/30/09. Plea entered by NORIAN CORPORATION Not Guilty on counts All. Counsel has 10 days to file pretrial motions.Court Reporter ESR.(gs, ) (Entered: 07/31/2009) |
| 07/30/2009 | 46 | NOTICE OF ATTORNEY APPEARANCE JAMES T. SMITH appearing for NORIAN CORPORATION (gs, ) (Entered: 07/31/2009) |
| 07/30/2009 | 47 | Minute Entry for proceedings held before MAGISTRATE JUDGE THOMAS J. RUETER Arraignment as to SYNTHES, INC. (2) Count 53-96 held on 7/30/09. Initial Appearance as to SYNTHES, INC. held on 7/30/09. Plea entered by SYNTHES, INC. Not Guilty on counts All. Counsel has 10 days to file pretrial motions. Court Reporter ESR.(gs) (Entered: 07/31/2009) |
| 07/30/2009 | 48 | NOTICE OF ATTORNEY APPEARANCE DONALD J. GOLDBERG appearing for SYNTHES, INC. (gs, ) (Entered: 07/31/2009) |
| 08/04/2009 | 49 | NOTICE OF ATTORNEY APPEARANCE AMY SHELLHAMMER appearing for SYNTHES, INC. (SHELLHAMMER, AMY) (Entered: 08/04/2009) |
| 08/04/2009 | 50 | MOTION by NORIAN CORPORATION, SYNTHES, INC. FOR EXTENSION OF TIME TO FILE PRETRIAL MOTIONS, CERT. OF SERVICE. (cmc) (Entered: 08/05/2009) |
| 08/04/2009 | 51 | ORDER FOR SPEEDY TRIAL DELAY: XE TIME AS TO NORIAN CORPORATION, SYNTHES, INC. RE: 50 MOTION for Extension of Time to File MOTIONS. Signed by HONORABLE LAWRENCE F. STENGEL on 8/4/9. 8/5/9 Entered and Copies E-Mailed. (cmc) (Entered: 08/05/2009) |
| 08/05/2009 | 52 | MOTION for Complex Case Designation {Certificate of Service} by USA as to NORIAN CORPORATION, SYNTHES, INC. (Only). (CRAWLEY, MARY) Modified on 8/6/2009 (cmc, ). (Entered: 08/05/2009) |
| 08/06/2009 | 54 | ORDER FOR SPEEDY TRIAL DELAY: AS TO NORIAN CORPORATION, SYNTHES, INC. THAT EXCLUDABLE TIME BE COMPUTED AND ENTERED IN THE RECORD FROM THE DATE OF FILING OF THE GOVTS. UNCONTESTED MOTION 52 UNTIL A TIME WHEN DISPOSITION IS MADE. Signed by HONORABLE LAWRENCE F. STENGEL on 8/6/09.8/7/09 Entered and Copies Mailed, E-Mailed. (gs, ) (Entered: 08/07/2009) |
| 09/03/2009 | 66 | NOTICE OF HEARING as to NORIAN CORPORATION, SYNTHES, INC. STATUS HEARING SET FOR MONDAY, 9/21/2009 AT 11:00 AM IN COURTROOM 3B, 3RD FLOOR BEFORE THE HONORABLE LAWRENCE F. STENGEL. (llb) (Entered: 09/03/2009) |
| 09/21/2009 | 70 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Status Hearing as to NORIAN CORPORATION, SYNTHES, INC. held on 9/21/09. Counsel addressed the Court. The Court set a schedule for the case and declared this case complex. The Court, counsel and parties agreed to reconvene in January and February to further discuss a filing schedule and trial date.Court Reporter ESR.(mac, ) (Entered: 09/21/2009) |
| 09/24/2009 | 71 | NOTICE OF ATTORNEY APPEARANCE JOEL D. SCHWARTZ appearing for USA. (SCHWARTZ, JOEL) (Entered: 09/24/2009) |
| 09/25/2009 | 72 | ORDER AS TO NORIAN CORPORATION, SYNTHES, INC. THAT THE GOVTS UNCONTESTED MOTION 52 FOR COMPLEX CASE DESIGNATION IS GRANTED. DISCOVERY DUE BY 10/30/2009. DISCOVERY MOTIONS DUE BY 1/15/2010. A STATUS CONFERENCE IS SET FOR 1/20/2010 AT 1:30 PM IN COURTROOM 3B BEFORE HONORABLE LAWRENCE F. STENGEL. Signed by HONORABLE LAWRENCE F. STENGEL on 9/23/09.9/25/09 Entered and Copies E-Mailed and Faxed. (gs) (Entered: 09/25/2009) |
| 10/22/2009 | 73 | NOTICE OF HEARING as to NORIAN CORPORATION, SYNTHES, INC. STATUS CONFERENCE SET FOR WEDNESDAY, 10/28/2009 AT 9:30 AM IN JUDGE'S CHAMBERS BEFORE THE HONORABLE LAWRENCE F. STENGEL. (llb) (Entered: 10/22/2009) |
| 10/29/2009 | 74 | Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL. Status Conference as to NORIAN CORPORATION, SYNTHES, INC. held on 10/28/09.Court Reporter 10/28/09.(gs) (Entered: 10/30/2009) |
| 10/29/2009 | 75 | ORDER AS TO NORIAN CORPORATION, SYNTHES, INC. THAT THE COURT FINDS THAT THE ENDS OF JUSTICE SERVED BY GRANTING A CONTINUANCE IN THIS MATTER OUTWEIGH THE BEST INTEREST OF THE PUBLIC AND DEFTS. IN A SPEEDY TRIAL. IT IS FURTHER ORDERED THAT A STATUS CONFERENCE SHALL BE HELD ON 1/20/10. Signed by HONORABLE LAWRENCE F. STENGEL on 10/28/09.10/30/09 Entered and Copies Faxed by Chambers, E-Mailed. (gs, ) (Entered: 10/30/2009) |
| 12/09/2009 | 79 | Response of Defendant Thomas Higgens Regarding Motion for Protective Order filed by THOMAS B. HIGGINS (SALERNO, ROBERT) Modified on 12/10/2009 (cmc, ). (Entered: 12/09/2009) |
| 12/15/2009 | 83 | Consent MOTION Granting of proposed protective order (Consent Motion to Extend the December 14, 2009 Protective Order to Defendant Thomas Higgins) by THOMAS B. HIGGINS as to NORIAN CORPORATION, SYNTHES, INC., MICHAEL D. HUGGINS, THOMAS B. HIGGINS, RICHARD E. BOHNER, JOHN J. WALSH. (Attachments: # 1 Text of Proposed Order)(SALERNO, ROBERT) (Entered: 12/15/2009) |
| 02/25/2010 | 89 | NOTICE Withdrawal of Appearance of AUSA David J. Caputo by USA as to NORIAN CORPORATION, SYNTHES, INC., MICHAEL D. HUGGINS, THOMAS B. HIGGINS, RICHARD E. BOHNER, JOHN J. WALSH (CAPUTO, DAVID) (Entered: 02/25/2010) |
| 04/06/2010 | 95 | MOTION for Clarification and/or to Limit Scope of May 26, 2010 Hearing by THOMAS B. HIGGINS (only) as to NORIAN CORPORATION, SYNTHES, INC., MICHAEL D. HUGGINS, THOMAS B. HIGGINS, RICHARD E. BOHNER, JOHN J. WALSH. (SACHDEV, MICHAEL) Modified on 4/7/2010 (cmc). (ATTY LINKED TO ALL DEFTS) (Entered: 04/06/2010) |
| 06/03/2010 | 107 | ORDER as to NORIAN CORPORATION, SYNTHES, INC., MICHAEL D. HUGGINS, THOMAS B. HIGGINS, RICHARD E. BOHNER, JOHN J. WALSH THAT THE ABOVE CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF JUDGE HONORABLE LAWRENCE F. STENGEL TO THE CALENDAR OF JUDGE HONORABLE LEGROME D. DAVIS. Signed by HONORABLE HARVEY BARTLE, III on 6/3/2010.6/4/2010 Entered and Copies Mailed, E-Mailed. (ap, ) (Entered: 06/04/2010) |
| 06/29/2010 | 109 | ORDER AS TO NORIAN CORPORATION, SYNTHES, INC. THAT THE 50 MOTION FOR EXTENSION OF TIME TO FILE PRE-TRIAL MOTIONS IS GRANTED. CONSISTENT WITH THE REQUEST, THE PARTIES SHALL SUBMIT A WRITTEN STATUS REPORT TO THIS COURT NO LATER THAN 9/11/2010. Signed by HONORABLE LEGROME D. DAVIS on 6/28/2010.6/29/2010 Entered and Copies E-Mailed. (ap, ) (Entered: 06/30/2010) |
| 10/04/2010 | 110 | Plea Memorandum by USA and Sentencing Memorandum {Certificate of Service} as to NORIAN CORPORATION, SYNTHES, INC. (CRAWLEY, MARY) (Entered: 10/04/2010) |
| 10/04/2010 | 111 | SUPERSEDING INFORMATION as to NORIAN CORPORATION (1) count(s) 1s, 3s-112s, SYNTHES, INC. (2) count(s) 2s. (ap, ) (Entered: 10/04/2010) |
| 10/08/2010 | 112 | NOTICE OF HEARING as to NORIAN CORPORATION Change of Plea Hearing set for Thursday, November 4, 2010 at 9:30 AM in COURTROOM 6-A before HONORABLE LEGROME D. DAVIS. (dc,) (Entered: 10/08/2010) |
| 10/08/2010 | 113 | NOTICE OF HEARING as to SYNTHES, INC. Change of Plea Hearing set for Thursday, November 4, 2010 at 9:30 AM in COURTROOM 6-A before HONORABLE LEGROME D. DAVIS. (dc,) (Entered: 10/08/2010) |
| 10/22/2010 | 114 | SUPERSEDING INFORMATION as to NORIAN CORPORATION (1) count(s) 1ss, 2ss-112ss, SYNTHES, INC. (2) count(s) 1ss, 2ss-112ss. (cmc) (Entered: 10/22/2010) |
| 11/03/2010 | 115 | MOTION to Continue Change of Plea Hearing by USA as to NORIAN CORPORATION, SYNTHES, INC.. (CRAWLEY, MARY) (Entered: 11/03/2010) |
| 11/03/2010 | 116 | ORDER AS TO NORIAN CORPORATION, SYNTHES, INC. THAT THE GOVERNMENT'S UNOPPOSED MOTION FOR BREIF CONTINUANCE OF CHANGE OF PLEA HEARING IS GRANTED IN ACCORDANCE WITH 18:3161(h)(8), ETC.; THE CHANGE OF PLEA HEARING IS RESCHEDULED TO 11/23/2010 AT 9:30 AM IN COURTROOM 6-A. Signed by HONORABLE LEGROME D. DAVIS on 11/3/2010.11/3/2010 Entered and Copies E-Mailed. (ap, ) Modified on 11/4/2010 (ap, ). (Entered: 11/03/2010) |
| 11/09/2010 | 117 | NOTICE OF HEARING as to NORIAN CORPORATION Change of Plea Hearing HAS BEEN RESCHEDULED TO TUESDAY, NOVEMBER 30, 2010 AT 9:30 AM in COURTROOM 6-A before HONORABLE LEGROME D. DAVIS. (dc,) (Entered: 11/09/2010) |
| 11/09/2010 | 118 | NOTICE OF HEARING as to SYNTHES, INC. Competency Hearing HAS BEEN RESCHEDULED TO TUESDAY, NOVEMBER 30, 2010 AT 9:30 AM in COURTROOM 6-A before HONORABLE LEGROME D. DAVIS. (dc,) (Entered: 11/09/2010) |
| 11/17/2010 | 119 | ORDER AS TO NORIAN CORPORATION THAT THE CONSENT MOTION TO EXTEND THE 12/14/2009 PROTECTIVE ORDER TO DEFENDANT RICHARD E. BOHNER AND THE CONSENT MOTION TO EXTEND THE 12/14/2009 PROTECTIVE ORDER TO DEFENDANT JOHN H. WALSH ARE GRANTED. Signed by HONORABLE LEGROME D. DAVIS on 11/17/2010.11/17/2010 Entered and Copies E-Mailed. (ap, ) (Entered: 11/17/2010) |
| 11/30/2010 | 120 | Minute Entry for proceedings held before HONORABLE LEGROME D. DAVIS: Arraingment/Entry of Plea/Sentencing Hearing held on 11/30/2010. NORIAN CORPORATION (1) Plea of guilty and sentencing on counts Count 1ss,3ss-112ss. Special assessment: $14,150; Fine: $22,500,000. Court Reporter ESR. (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 121 | WAIVER OF INDICTMENT as to NORIAN CORPORATION (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 122 | WAIVER of Presence of Court Stenographer or Electronic Sound Recording Operator and Defendant(s) at Drawing of Jury Panel Members in Criminal Trials as to NORIAN CORPORATION (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 123 | Minute Entry for proceedings held before HONORABLE LEGROME D. DAVIS: Arraingment/Entry of Plea/Sentence Hearing held on 11/30/2010. SYNTHES, INC. (2) Plea of guilty and sentencing on counts Count 2ss. Special Assessment: $125, Fine: $200,000. Court Reporter ESR. (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 124 | Plea Document as to NORIAN CORPORATION (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 125 | WAIVER OF INDICTMENT as to SYNTHES, INC. (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 126 | WAIVER of Presence of Court Stenographer or Electronic Sound Recording Operator and Defendant(s) at Drawing of Jury Panel Members in Criminal Trials as to SYNTHES, INC. (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 127 | Plea Document as to SYNTHES, INC. (ap, ) (Entered: 12/01/2010) |
| 11/30/2010 | 128 | JUDGMENT AS TO NORIAN CORPORATION (1), Count(s) 1, 1s, 2-8, 2ss, 3s-112s,9-52, DISMISSED ON GOVERNMENT'S MOTION; Count(s) 1ss, 3ss-112ss, SPECIAL ASSESSMENT: $14,150, FINE: $22,500,000 AS TO NORIAN CORPORATION. Signed by HONORABLE LEGROME D. DAVIS on 11/30/2010.12/1/2010 Entered and Copies Mailed, E-Mailed by Chambers. (ap, ) Modified on 12/1/2010 (ap, ). (Entered: 12/01/2010) |
| 11/30/2010 | 129 | JUDGMENT AS TO SYNTHES, INC. (2), Count(s) 1ss, 2s, 3ss-112ss, 53-96, DISMISSED ON GOVERNMENT'S MOTION; Count(s) 2ss, SPECIAL ASSESSMENT: $125, FINE: $200,000 AS TO SYNTHES, INC.. Signed by HONORABLE LEGROME D. DAVIS on 11/30/2010.12/1/2010 Entered and Copies Mailed, E-Mailed by Chambers. (ap, ) (Entered: 12/01/2010) |
| 12/01/2010 | 130 | MOTION FOR JUDGMENT AND ORDER OF FORFEITURE FOR SUBSTITUTE ASSETS by USA as to SYNTHES, INC., CERTIFICATE OF SERVICE. (CRAWLEY, MARY) Modified on 12/2/2010 (afm, ). (Entered: 12/01/2010) |
| 12/07/2010 | 131 | JUDGMENT AND ORDER OF FORFEITURE FOR SUBSTITUTE ASSESTS AS TO SYNTHES, INC.. Signed by HONORABLE LEGROME D. DAVIS on 12/7/2010.12/7/2010 Entered and Copies E-Mailed. (ap, ) (Entered: 12/07/2010) |
| 12/15/2010 | 132 | TRANSCRIPT of Plea Hearing and Sentencing as to NORIAN CORPORATION, SYNTHES, INC. held on 11/30/2010, before Judge Legrome D. Davis. (ap, ) (Entered: 12/15/2010) |
| 12/15/2010 | 133 | Praecipe to Satisfy Judgment by USA as to NORIAN CORPORATION (ap, ) (Entered: 12/15/2010) |
| 12/15/2010 | 134 | Praecipe to Satisfy Judgment by USA as to SYNTHES, INC. (ap, ) (Entered: 12/15/2010) |
| 12/23/2010 | 135 | USM-285 AS TO SYNTHES, INC RE: DEPOSIT SUB ASSET SIGNED BY U.S. MARSHALS ON 12/9/10. (ke) (Entered: 12/23/2010) |