CASREF,VICTIM

United States District Court
District of Massachusetts (Boston)
CRIMINAL DOCKET FOR CASE #: 1:09-cr-10330-GAO-1


Case title: USA v. Stryker Biotech, LLC et al

Date Filed: 10/28/2009
Date Terminated: 01/18/2012

Assigned to: Judge George A. OToole, Jr

Defendant (1)
Stryker Biotech, LLC
TERMINATED: 01/18/2012
represented byBrien T. O'Connor
Ropes & Gray - MA
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7385
Fax: 617-951-7050
Email: boconnor@ropesgray.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Aaron M. Katz
Ropes & Gray LLP - MA
Prudential Tower
800 Boylston St.
Boston, MA 02199-3600
617-951-7117
Email: aaron.katz@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Cori A. Lable
Ropes & Gray - MA
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7346
Fax: 617-951-7050
Email: cori.lable@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Erin E. Conroy
Ropes & Gray LLP - MA
Prudential Tower
800 Boylston St.
Boston, MA 02199-3600
617-951-7512
Fax: 617-235-9713
Email: erin.conroy@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Giselle J. Joffre
Ropes & Gray LLP - MA
Prudential Tower
800 Boylston St.
Boston, MA 02199-3600
617-951-7789
Fax: 617-951-7050
Email: giselle.joffre@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Joshua S. Levy
Ropes & Gray LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
617-951-7281
Fax: 617-951-7050
Email: jlevy@ropesgray.com
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
21:331(k), 333(a)(1) & 352(f)...DISTRIBUTION OF A MISBRANDED DEVICE. (misdemeanor)
(1ss)
Defendant is to pay a fine of $15,000,000.00 which is due within 5 days of the entry of the judgment. Defendant is assessed $125.00 which is due forthwith.

Highest Offense Level (Opening)
Misdemeanor

Terminated Counts

Disposition
18:1343 Wire Fraud and 18:2 Aiding and Abetting
(1-5)
Counts 1-5 are dismissed on motion of the government.
18:371...CONSPIRACY
(1s)
Count 1s is dismissed on motion of the government.
18:1343...WIRE FRAUD
(2s-6s)
Counts 2s-6s are dismissed on motion of the government.
18:371 Conspiracy
(6)
Count 6 is dismissed on motion of the government.
21:331(k), 333(a)(2)& 352(f) Distribution of a Misbranded Device
(7-12)
Counts 7-12 are dismissed on motion of the government.
21:331(k),333(a)(2)&352(f)...MISBRANDING A MEDICAL DEVICE
(7s-12s)
Counts 7s-12s are dismissed on motion of the government.
18:1001...FALSE STATEMENT
(13s)
Count 13s is dismissed on motion of the government.
18:1001 False Statements and 18:2 Aiding and Abetting
(15)
Count 15 is dismissesd on motion of the government.

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Movant
Stephen P. MacMillan
TERMINATED: 01/19/2012
represented byGeorge W. Vien
Donnelly, Conroy & Gelhaar, LLP
One Beacon Street
33rd Floor
Boston, MA 02108
617-720-2880
Fax: 617-720-3554
Email: gwv@dcglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Karen A. Pickett
Donnelly, Conroy & Gelhaar
One Beacon Street
33rd floor
Boston, MA 02108
617-720-2880
Fax: 617-720-3554
Email: kap@dcglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter E. Gelhaar
Donnelly, Conroy & Gelhaar, LLP
One Beacon Street
33rd Floor
Boston, MA 02108
617-720-2880
Fax: 617-720-3554
Email: peg@dcglaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byJeremy M. Sternberg
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3142
Fax: 617-748-3675
Email: jeremy.sternberg@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gregory F Noonan
US Attorney's Office - MA
J. Joseph Moakley U.S. Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3515
Email: gregory.noonan@usdoj.gov
ATTORNEY TO BE NOTICED

Susan G. Winkler
United States Attorney's Office
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3270
Fax: 617-748-3675
Email: susan.winkler@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/28/2009INDICTMENT as to Stryker Biotech, LLC (1) count(s) 1-5, 6, 7-12, 15, Mark Philip (2) count(s) 1-5, 6, 16, William Heppner (3) count(s) 1-5, 6, David Ard (4) count(s) 1-5, 6, 13, Jeffrey Whitaker (5) count(s) 1-5, 6, 14. (Attachments: # 1 JS45s)(Cummings, Mary) (Entered: 10/29/2009)
10/29/2009General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Cummings, Mary) (Entered: 10/29/2009)
10/29/2009  Judge George A. OToole, Jr: Electronic ORDER entered. ORDER REFERRING CASE to Ch. Magistrate Judge Judith G. Dein Reason for referral: Full Pretrial Proceedings as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Cummings, Mary) (Entered: 10/29/2009)
10/30/2009NOTICE OF ATTORNEY APPEARANCE Susan G. Winkler appearing for USA. (Winkler, Susan) (Entered: 10/30/2009)
11/03/2009Certificate of Service as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Winkler, Susan) (Entered: 11/03/2009)
11/06/2009  Set/Reset Hearings as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: Initial Appearance and Arraignment set for 11/13/2009 11:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 11/06/2009)
11/10/200915 NOTICE OF ATTORNEY APPEARANCE: Brien T. O'Connor appearing for Stryker Biotech, LLC (O'Connor, Brien) (Entered: 11/10/2009)
11/10/200916 NOTICE OF ATTORNEY APPEARANCE: Joshua S. Levy appearing for Stryker Biotech, LLC (Levy, Joshua) (Entered: 11/10/2009)
11/10/200917 NOTICE OF ATTORNEY APPEARANCE: Giselle J. Joffre appearing for Stryker Biotech, LLC (Joffre, Giselle) (Entered: 11/10/2009)
11/10/200918 NOTICE OF ATTORNEY APPEARANCE: Erin E. Conroy appearing for Stryker Biotech, LLC (Conroy, Erin) (Entered: 11/10/2009)
11/13/200919 CORPORATE DISCLOSURE STATEMENT as to Stryker Biotech, LLC identifying Corporate Parent Stryker Corporation for Stryker Biotech, LLC (O'Connor, Brien) (Entered: 11/13/2009)
11/13/2009  Electronic Clerk Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Initial Appearance as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on 11/13/2009. USMJ Dein informs the dfts. of their rights and charges; Govt. states maximum penalties and proffers conditions of release; USMJ Dein sets conditions of release. (Court Reporter DR.)(Attorneys present: AUSA Winkler, Sternberg and Attorneys O'Connor.Levy, Huggard,Ullmann, Libby, Gurney) (Quinn, Thomas) (Entered: 11/13/2009)
11/13/2009  Electronic Clerk Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Arraignment as to Stryker Biotech, LLC (1) Count 1-5,6,7-12,15 and Mark Philip (2) Count 1-5,6,16 and William Heppner (3) Count 1-5,6 and David Ard (4) Count 1-5,6,13 and Jeffrey Whitaker (5) Count 1-5,6,14 held on 11/13/2009, Plea entered by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Not Guilty on counts all. 1st conference is set for 12/22/09 @ 10:00am. (Court Reporter DR.)(Attorneys present: AUSA Winkler, Sternberg and Attorneys O'Connor.Levy, Huggard,Ullmann, Libby, Gurney) (Quinn, Thomas) (Entered: 11/13/2009)
11/13/2009  Set/Reset Hearings as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: 1st Status Conference set for 12/22/2009 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 11/13/2009)
11/13/200923 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 10/28/09 until 12/22/09. (Quinn, Thomas) (Entered: 11/13/2009)
11/13/200924  Waiver of Appearance as to Stryker Biotech, LLC: Waiver of Appearance at arraignment (Quinn, Thomas) (Entered: 11/16/2009)
11/16/200925 Ch. Magistrate Judge Judith G. Dein: ORDER entered. SCHEDULING ORDER as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 12/22/2009 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 11/16/2009)
11/17/200926 Ch. Magistrate Judge Judith G. Dein: INITIAL SCHEDULING ORDER entered as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Initial Status Conference set for 12/22/2009 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Irwin, Nancy) (Entered: 11/17/2009)
11/17/200927 Ch. Magistrate Judge Judith G. Dein: ORDER ON EXCLUDABLE DELAY entered as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Time excluded from 11/13/09 until 12/10/09. (Irwin, Nancy) (Entered: 11/17/2009)
11/23/200928 Assented to MOTION for Protective Order as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitakerby USA. (Sternberg, Jeremy) (Entered: 11/23/2009)
11/24/2009   Ch. Magistrate Judge Judith G. Dein: Electronic ORDER entered granting 28 Motion for Protective Order as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 11/24/2009)
11/24/200929 Ch. Magistrate Judge Judith G. Dein: ORDER entered. PROTECTIVE ORDER as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Quinn, Thomas) (Entered: 11/24/2009)
12/08/200930 Transcript of Arraignment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on November 13, 2009, before Judge Dein. Court Reporter None. Transcribed by Maryann Young at 508/384-2003. The Transcript may be purchased through Maryann Young, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 12/29/2009. Redacted Transcript Deadline set for 1/8/2010. Release of Transcript Restriction set for 3/8/2010. (Scalfani, Deborah) (Entered: 12/08/2009)
12/08/200931 NOTICE is hereby given that an official transcript of a proceeding as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 12/08/2009)
12/17/200932 JOINT MEMORANDUM of the parties re initial status conference by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 12/17/2009)
12/22/200933 NOTICE OF ATTORNEY APPEARANCE: Aaron M. Katz appearing for Stryker Biotech, LLC (Katz, Aaron) (Entered: 12/22/2009)
12/22/2009  Electronic Clerk Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 12/22/2009. Counsel report current case status and seek further conference for 2/9/10 @ 2:30pm. (Court Reporter DR.)(Attorneys present: AUSA Sternberg and Defense Counsel) (Quinn, Thomas) (Entered: 12/23/2009)
12/22/200934 Ch. Magistrate Judge Judith G. Dein: ORDER entered. STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 2/9/2010 02:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 12/23/2009)
12/22/200935 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 12/22/09 until 2/9/2010. (Quinn, Thomas) (Entered: 12/23/2009)
02/04/201036  Letter (non-motion) regarding First Discovery Letter Request as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Ullmann, Robert) (Entered: 02/04/2010)
02/08/201037 JOINT MEMORANDUM of the parties re initial status conference by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Interim Status Conference) (Winkler, Susan) (Entered: 02/08/2010)
02/09/2010  Electronic Clerk Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 2/9/2010. Counsel report discovery is ongoing and seek further conference for 4/9/10 @ 2:30pm. (Court Reporter DR.)(Attorneys present: AUSA Sternberg and Attorneys Huggard, Ullmann, Libby, O'Connor, Levy Gurney) (Quinn, Thomas) (Entered: 02/11/2010)
02/09/201038 Ch. Magistrate Judge Judith G. Dein: ORDER entered. STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 4/9/2010 02:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 02/11/2010)
02/09/201039 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 2/9/10 until 4/9/10. (Quinn, Thomas) (Entered: 02/11/2010)
02/18/201040  Letter (non-motion) regarding Response to Discovery Requests as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 02/18/2010)
03/09/201041 Assented to MOTION for Extension of Time to March 18, 2010 to File Defendants' Motion to Compel Disclosure of Exculpatory Evidence and Government's Response as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitakerby Stryker Biotech, LLC, USA, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Ullmann, Robert) (Entered: 03/09/2010)
03/18/201042 Joint MOTION for Exculpatory Evidence as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Ullmann, Robert) (Entered: 03/18/2010)
03/18/201043 Joint MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 42 MOTION for Exculpatory Evidence (Ullmann, Robert) (Entered: 03/18/2010)
04/08/201045  RESPONSE to Motion by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 42 MOTION for Exculpatory Evidence (Winkler, Susan) (Entered: 04/08/2010)
04/09/201046 STATUS REPORT by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 04/09/2010)
04/09/201047  Letter (non-motion) regarding Letter request for bill of particulars as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Levy, Joshua) (Entered: 04/09/2010)
04/09/201048  Letter (non-motion) regarding Letter request for exculpatory information as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Levy, Joshua) (Entered: 04/09/2010)
04/09/2010  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein:Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 4/9/2010 re 42 MOTION for Exculpatory Evidence filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 4/9/2010 (Attorneys present: Sternberg, Winkler, Ullmann, O'Connor, Levey, Libby, and Huggard. ) USMJ Dein hears argument from counsel and takes motion under advisement; Counsel report case status, discovery is ongoing and seek further conference for 6/21/10 @ 2:30pmCourt Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 04/12/2010)
04/09/201049 Ch. Magistrate Judge Judith G. Dein: ORDER entered. STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 6/21/2010 02:30 PM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 04/12/2010)
04/09/201050 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 4/9/10 until 6/21/10. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Quinn, Thomas) (Entered: 04/12/2010)
04/26/201051  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 42 Joint MOTION for Exculpatory Evidence (O'Connor, Brien) (Entered: 04/26/2010)
04/30/201052 Assented to MOTION for Extension of Time to May 17, 2010 to File Defendants Motion for a Bill of Particulars and the Government's response to June 7, 2010 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (Levy, Joshua) (Entered: 04/30/2010)
05/03/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 52 Motion for Extension of Time to File as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 05/03/2010)
05/03/2010  Reset Deadlines as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: Defendants' Motion for a Bill of Particulars due by 5/17/2010. Government's Response due by 6/7/2010 (Danieli, Chris) (Entered: 05/03/2010)
05/13/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting Nunc Pro Tunc 41 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Lyness, Paul) (Entered: 05/13/2010)
05/17/201053 Second MOTION for Extension of Time to May 19, 2010 to File File motion for a bill of particulars as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Levy, Joshua) (Entered: 05/17/2010)
05/19/201054  MOTION for Bill of Particulars as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Appendix Appendix to memorandum of law in support of motion, # 2 Affidavit Declaration in support of motion, # 3 Exhibit Exhibit A to O'Connor Declaration, # 4 Exhibit Exhibit B to O'Connor Declaration)(O'Connor, Brien) (Entered: 05/19/2010)
05/19/201055  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 54 MOTION for Bill of Particulars (Attachments: # 1 Appendix Appendix to Memorandum in Support of Motion)(O'Connor, Brien) (Entered: 05/19/2010)
05/25/201056  Ch. Magistrate Judge Judith G. Dein: ORDER entered denying 42 Motion for Exculpatory Evidence as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 05/25/2010)
06/08/201057 Assented to MOTION for Extension of Time to June 14, 2010 to File Response/Reply To Defendants' Motion For A Bill of Particulars as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 06/08/2010)
06/08/201058 Assented to MOTION for Extension of Time to June 16, 2010 to File Motion for Reconsideration of Magistrate Judge Dein's Order (Docket No 56) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (Levy, Joshua) (Entered: 06/08/2010)
06/14/201059  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 54 MOTION for Bill of Particulars (Sternberg, Jeremy) (Entered: 06/14/2010)
06/16/201060  MOTION for Reconsideration re 56 Order on Motion for Exculpatory Evidence as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 06/16/2010)
06/18/201061 STATUS REPORT by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 06/18/2010)
06/18/201062  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 60 MOTION for Reconsideration re 56 Order on Motion for Exculpatory Evidence (Sternberg, Jeremy) (Entered: 06/18/2010)
06/21/2010  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 6/21/2010l; Counsel report discovery in ongoing and seek further conference for 9/15/10 @ 10:00am.Court Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 06/22/2010)
06/21/201063 Ch. Magistrate Judge Judith G. Dein: ORDER entered. STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 9/15/2010 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 06/22/2010)
06/21/201064 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 6/21/10 until 9/15/10. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Quinn, Thomas) (Entered: 06/22/2010)
06/29/2010  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein:Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 6/29/2010 re 54 MOTION for Bill of Particulars filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard USMJ Dein hears arguments from counsel and take motion under advisement.(Attorneys present: AUSA Sternberg and Various defense counsel. )Court Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 07/01/2010)
07/07/201065 Joint MOTION to Dismiss Counts 7-14 of Indictment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 07/07/2010)
07/07/201066 Joint MEMORANDUM in Support by Stryker Biotech, LLC as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 65 Joint MOTION to Dismiss Counts 7-14 of Indictment (O'Connor, Brien) (Entered: 07/07/2010)
07/21/201067  Ch. Magistrate Judge Judith G. Dein: ORDER entered denying 54 Motion for Bill of Particulars as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 07/21/2010)
07/21/201068 Assented to MOTION for Extension of Time to August 6, 2010 to File Response/Reply as to 65 Joint MOTION to Dismiss Counts 7-14 of Indictment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 07/21/2010)
08/04/201069 Assented to MOTION for Extension of Time to August 27, 2010 to File File Opposition to Defendants' Motion to Dismiss Counts 7 Through 14 of the Indictment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 08/04/2010)
08/05/201070 NOTICE OF ATTORNEY APPEARANCE: Cori A. Lable appearing for Stryker Biotech, LLC. (Lable, Cori) (Entered: 08/05/2010)
08/18/201071 Assented to MOTION for Extension of Time to October 15, 2010 to File Simultaneous Expert Disclosures as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 08/18/2010)
08/27/201072  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 65 Joint MOTION to Dismiss Counts 7-14 of Indictment (Sternberg, Jeremy) (Entered: 08/27/2010)
09/14/201073 STATUS REPORT (JOINT) by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 09/14/2010)
09/15/2010  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 9/15/2010; Counsel report case status and seek further conference for 11/15/10 @ 2:30pm(Attorneys present: AUSA Sternberg and Defense Counsel. )Court Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 09/16/2010)
09/15/201074 Ch. Magistrate Judge Judith G. Dein: ORDER entered. STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 11/15/2010 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 09/17/2010)
09/15/201075 Ch. Magistrate Judge Judith G. Dein: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Time excluded from 9/15/10 until 11/15/10. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Quinn, Thomas) (Entered: 09/17/2010)
09/21/201076  Letter (non-motion) regarding Cover Letter to Motions to Dismiss as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201081  MOTION to Dismiss as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201082  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 81 MOTION to Dismiss (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201083  MOTION to Dismiss Counts 2 and 3 (Lack of Venue) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201084  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue) (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201085  MOTION to Dismiss in Part Count Six (conspiracy to defraud charge) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201086  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge) (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201087  MOTION to Dismiss Counts 7-14 (lack of venue) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201088  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 87 MOTION to Dismiss Counts 7-14 (lack of venue) (O'Connor, Brien) (Entered: 09/21/2010)
09/21/201089  MOTION for Leave to File a Reply to Government's Opposition to Motion to Dismiss Counts 7-14 on First Amendmen Grounds as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Exhibit Exhibit A -- Reply Brief)(O'Connor, Brien) (Entered: 09/21/2010)
09/21/201090  MOTION to Withdraw Document filed at Docket #89 (Motion for Leave to File, and accompanying Exhibit A) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 09/21/2010)
10/01/201091 Assented to MOTION for Leave to File Reply Brief in Support of Defendants' Motion to Dismiss Counts 7-14 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Exhibit Reply Brief)(O'Connor, Brien) (Entered: 10/01/2010)
10/04/201092  Discovery Letter (non-motion) regarding Exculpatory Material as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 10/04/2010)
10/08/201093 Assented to MOTION for Extension of Time to October 29, 2010 to File Response/Reply as to 87 MOTION to Dismiss Counts 7-14 (lack of venue), 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense, 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge), 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue), 81 MOTION to Dismiss as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 10/08/2010)
10/12/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 93 Motion for Extension of Time to File Response/Reply as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 10/12/2010)
10/12/2010  Reset Deadlines re Motions in case as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue), 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge), 81 MOTION to Dismiss, 87 MOTION to Dismiss Counts 7-14 (lack of venue), 77 MOTION to Dismiss Count 16 for Failure to State an Offense, 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense. Responses due by 10/29/2010 (Danieli, Chris) (Entered: 10/12/2010)
10/13/201094  NOTICE Change of Address by Stryker Biotech, LLC (O'Connor, Brien) (Entered: 10/13/2010)
10/14/201095 Assented to MOTION for Extension of Time to 11/02/10 to File Expert Disclosures as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 10/14/2010)
10/15/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 95 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) Expert Disclosures due by 11/2/2010. (Danieli, Chris) (Entered: 10/15/2010)
10/18/201096 Response as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: 92 Letter (non-motion). (Sternberg, Jeremy) (Entered: 10/18/2010)
10/27/201097 Assented to MOTION for Extension of Time to November 9, 2010 to File Respond to Defendants' Various Motions to Dismiss and Make Simultaneous Expert Disclosures as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 10/27/2010)
11/03/2010   Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered finding as moot 53 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); finding as moot 57 Motion for Extension of Time to File Response/Reply as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); finding as moot 58 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); finding as moot 68 Motion for Extension of Time to File Response/Reply as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); finding as moot 69 Motion for Extension of Time as to Stryker Biotech, LLC (1); finding as moot 71 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 11/03/2010)
11/03/2010   Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered granting 91 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); granting 97 Motion for Extension of Time as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 11/03/2010)
11/03/2010   Ch. Magistrate Judge Judith G. Dein: ELECTRONIC ORDER entered finding as moot 69 Motion for Extension of Time as to Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Quinn, Thomas) (Entered: 11/03/2010)
11/09/201099  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge) (Sternberg, Jeremy) (Entered: 11/09/2010)
11/09/2010100  MEMORANDUM in Opposition by USA as to Jeffrey Whitaker, David Ard, re 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense (Sternberg, Jeremy) Modified on 11/10/2010 to edit the docket text to correct the applicable parties(Danieli, Chris). (Entered: 11/09/2010)
11/09/2010101  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 81 MOTION to Dismiss On Due Process and Statutory Construction Grounds (Sternberg, Jeremy) (Entered: 11/09/2010)
11/09/2010103  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue), 87 MOTION to Dismiss Counts 7-14 (lack of venue) (Sternberg, Jeremy) (Entered: 11/09/2010)
11/12/2010104  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 65 Joint MOTION to Dismiss Counts 7-14 of Indictment (Leave to File Granted 11/3/2010) (O'Connor, Brien) (Entered: 11/12/2010)
11/15/2010105 JOINT SUBMISSION pursuant to Local Rule 116.5(C) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 11/15/2010)
11/15/2010  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein: FINAL Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 11/15/2010; Counsel report discovery is complete and case is ready for the district court. USMJ Dein will issue report and send file to district court. (Attorneys present: AUSAs Sternberg and Winkler and Various Defense counsel. )Court Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 11/15/2010)
11/15/2010106 Ch. Magistrate Judge Judith G. Dein: ORDER entered. FINAL STATUS REPORT as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Quinn, Thomas) (Entered: 11/16/2010)
11/16/2010  Judge update in case as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Ch. Magistrate Judge Judith G. Dein no longer assigned to case. (Quinn, Thomas) (Entered: 11/16/2010)
11/22/2010  ELECTRONIC NOTICE OF HEARING as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 12/2/2010 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 11/22/2010)
11/30/2010107  NOTICE , Assented-To Motion to Reschedule the December 2, 2010 Status Conference by Stryker Biotech, LLC as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Levy, Joshua) (Entered: 11/30/2010)
12/01/2010  ELECTRONIC NOTICE OF RESCHEDULING as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 12/16/2010 02:30 PM in Courtroom 9 before Judge George A. OToole Jr.. Please make the change in your calendars. (Lyness, Paul) (Entered: 12/01/2010)
12/06/2010108 Assented to MOTION for Leave to File Reply Memorandum as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Mark Philip. (Attachments: # 1 Exhibit 1)(Huggard, Stephen) (Entered: 12/06/2010)
12/06/2010109 Assented to MOTION for Leave to File Reply Memorandum as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Jeffrey Whitaker. (Attachments: # 1 Exhibit 1)(Porter, Alathea) (Entered: 12/06/2010)
12/06/2010110 Assented to MOTION for Leave to File Reply Briefs as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Exhibit Proposed Reply Brief in Support of Motion to Dismiss Filed at Docket #81 (Due Process and Statutory Construction, Counts 6 and 7-14), # 2 Exhibit Proposed Conslidated Reply Brief in Support of Motions to Dismiss Filed at Docket #'s 83 and 87 (Lack of Venue, Counts 2, 3, and 7-14), # 3 Exhibit Proposed Reply Brief in Support of Motion to Dismiss Filed at Docket #85 (Failure to State an Offense, Count 6))(O'Connor, Brien) (Entered: 12/06/2010)
12/16/2010  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 12/16/2010, ( Jury Trial set for 11/7/2011 09:00 AM in Courtroom 9 before Judge George A. OToole Jr..) (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler; For Defendant Stryker Biotech: Joshua Levy, Brien T. O'Connor, Cori Lable. For Defendant Mark Philip: Steve Huggard; For Defendant William Heppner: Robert Ullmann,Maya Sethi; For Defendant David Ard: Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 12/17/2010)
12/16/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 89 Motion for Leave to File; granting 108 Motion for Leave to File; granting 109 Motion for Leave to File; granting 110 Motion for Leave as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) in open court. (Lyness, Paul) (Entered: 12/17/2010)
12/16/2010   Judge George A. OToole, Jr: ELECTRONIC ORDER entered finding as moot in open court 60 Motion for Reconsideration as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Lyness, Paul) (Entered: 12/17/2010)
12/20/2010  ELECTRONIC NOTICE OF HEARING ON MOTION as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue), 90 MOTION to Withdraw Document filed at Docket #89 (Motion for Leave to File, and accompanying Exhibit A), 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge), 81 MOTION to Dismiss, 65 Joint MOTION to Dismiss Counts 7-14 of Indictment, 87 MOTION to Dismiss Counts 7-14 (lack of venue), 77 MOTION to Dismiss Count 16 for Failure to State an Offense, 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense : Motion Hearing set for 2/3/2011 02:00 PM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 12/20/2010)
01/05/2011111  REPLY TO RESPONSE to Motion by Jeffrey Whitaker as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense, 109 Assented to MOTION for Leave to File Reply Memorandum Leave Granted December 17, 2010 (Porter, Alathea) (Entered: 01/05/2011)
01/05/2011112  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue), 87 MOTION to Dismiss Counts 7-14 (lack of venue) (O'Connor, Brien) (Entered: 01/05/2011)
01/05/2011113  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 81 MOTION to Dismiss (O'Connor, Brien) (Main Document 113 replaced on 1/25/2011) (Danieli, Chris). (Entered: 01/05/2011)
01/05/2011114  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge) (O'Connor, Brien) (Entered: 01/05/2011)
02/03/2011  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 2/3/2011 re 83 MOTION to Dismiss Counts 2 and 3 (Lack of Venue) filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 79 MOTION to Dismiss Counts Thirteen and Fourteen for Failure to State an Offense filed by Jeffrey Whitaker, 85 MOTION to Dismiss in Part Count Six (conspiracy to defraud charge) filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 65 Joint MOTION to Dismiss Counts 7-14 of Indictment filed by Stryker Biotech, LLC, 77 MOTION to Dismiss Count 16 for Failure to State an Offense filed by Mark Philip, 81 MOTION to Dismiss filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 87 MOTION to Dismiss Counts 7-14 (lack of venue) filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard. The court takes the matter under advisement. (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler; For Defendant Stryker Biotech: Brien T. O'Connor, Aaron Katz, Joshua Levy; For Defendant Mark Philip: Stephen Huggard; For Defendant William Heppner: Robert Ullman; For Defendant David Ard: Brent Gurney; For Defendant Jeffrey Whitaker: Frank Libby. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 02/04/2011)
03/02/2011116 Transcript of Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on February 3, 2011, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 3/23/2011. Redacted Transcript Deadline set for 4/4/2011. Release of Transcript Restriction set for 5/31/2011. (Scalfani, Deborah) (Entered: 03/02/2011)
03/02/2011117 NOTICE is hereby given that an official transcript of a proceeding as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 03/02/2011)
04/14/2011118 Joint MOTION for Excludable Delay from November 15, 2010 to November 7, 2011 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Attachments: # 1 Text of Proposed Order)(Sternberg, Jeremy) (Entered: 04/14/2011)
06/21/2011119 Assented to MOTION for Protective Order for Authorization of Limited Release of Individually Identifiable Medical Information as to Stryker Biotech, LLC. (Levy, Joshua) (Entered: 06/21/2011)
06/29/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 118 Motion to Exclude as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 06/29/2011)
06/29/2011120 Judge George A. OToole, Jr: ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Time excluded from 11/15/2010 until 11/7/2011. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Danieli, Chris) (Entered: 06/29/2011)
06/29/2011121  Defendants' Joint Letter (non-motion) regarding Supplemental Authority as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker in Support of Motion to Dismiss (Attachments: # 1 Exhibit Sorrell v. IMS Health)(Lable, Cori) (Entered: 06/29/2011)
06/30/2011122 NOTICE OF ATTORNEY APPEARANCE Gregory F Noonan appearing for USA. (Noonan, Gregory) (Entered: 06/30/2011)
07/01/2011123  Government Letter (non-motion) regarding Response to Defendants' June 29, 2011 IMS Health, Inc. Letter Memorandum as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 07/01/2011)
07/06/2011124 Assented to MOTION to Dismiss Count 16 of the Indictment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Noonan, Gregory) (Entered: 07/06/2011)
07/06/2011125  Defendants' Joint Letter (non-motion) regarding Reply to Government's Letter Re: Sorrell v. IMS Health as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Lable, Cori) (Entered: 07/06/2011)
07/13/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 119 Assented to MOTION for Protective Order for Authorization of Limited Release of Individually Identifiable Medical Information as to Stryker Biotech, LLC (1) (Danieli, Chris) (Entered: 07/13/2011)
08/19/2011129  Letter (non-motion) regarding Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 08/19/2011)
08/19/2011  ELECTRONIC NOTICE OF HEARING as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Status Conference set for 9/15/2011 02:30 PM in Courtroom 9 before Judge George A. OToole Jr.. Please mark your calendars accordingly. (Lyness, Paul) (Entered: 08/19/2011)
09/09/2011130  MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Winkler, Susan) (Entered: 09/09/2011)
09/09/2011131  MOTION to Exclude Expert Testimony of Drs. Grauer and Caton as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Noonan, Gregory) (Entered: 09/09/2011)
09/14/2011134 STATUS REPORT (Joint) Concerning Pretrial Schedule and Local Rule 117.1 Initial Pretrial Conference by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 09/14/2011)
09/14/2011135  MOTION to Sever Count 15 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (Levy, Joshua) (Entered: 09/14/2011)
09/14/2011136  MEMORANDUM in Support by Stryker Biotech, LLC as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 135 MOTION to Sever Count 15 (Levy, Joshua) (Entered: 09/14/2011)
09/14/2011137  MOTION to Sever Count 15 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Mark Philip. (Dudley, Hilary) (Entered: 09/14/2011)
09/15/2011  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 9/15/2011. Government's motion to dismiss[ 124] is GRANTED. Defendant's motion 77 is MOOT. Defendant's Motions [65,79,81,83,85,87] are DENIED WITHOUT PREJUDICE. Motions terminated as toStryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker:, ( Jury Trial set for 1/9/2012 09:00 AM in Courtroom 9 before Judge George A. OToole Jr..) (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker Biotech: Brien O'Connor,Joshua Levy; For Defendant Mark Philip: Stephen Huggard; For Defendant William Heppner: Robert Ullman; For Defendant David Ard: Brent Gurney; For Defendant Jeffrey Whitaker: Frank Libby. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 09/16/2011)
09/22/2011139 Joint MOTION for Extension of Time to September30, 2011 to File Response/Reply as to 130 MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011, 132 MOTION to Sever Count 15 Due to Misjoinder Under Federal Rule of Criminal Procedure 8(b), 135 MOTION to Sever Count 15, 131 MOTION to Exclude Expert Testimony of Drs. Grauer and Caton, 137 MOTION to Sever Count 15 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (Levy, Joshua) (Entered: 09/22/2011)
09/23/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 139 Motion for Extension of Time to File Response/Reply as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 09/23/2011)
09/23/2011  Reset Deadlines re Motion or Report and Recommendation in case as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker 135 MOTION to Sever Count 15, 130 MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011, 131 MOTION to Exclude Expert Testimony of Drs. Grauer and Caton, 137 MOTION to Sever Count 15, 132 MOTION to Sever Count 15 Due to Misjoinder Under Federal Rule of Criminal Procedure 8(b). Responses due by 9/30/2011 (Danieli, Chris) (Entered: 09/23/2011)
09/23/2011140  MOTION for Excludable Delay from November 7, 2011 to January 12, 2012 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Attachments: # 1 Exhibit 1)(Sternberg, Jeremy) (Entered: 09/23/2011)
09/30/2011142  Opposition by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 130 MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011 (Levy, Joshua) (Entered: 09/30/2011)
09/30/2011143  Opposition by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 131 MOTION to Exclude Expert Testimony of Drs. Grauer and Caton (Attachments: # 1 Exhibit Dr. Jonathan Grauer CV, # 2 Exhibit Dr. William Caton III CV)(Lable, Cori) (Entered: 09/30/2011)
09/30/2011144  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 132 MOTION to Sever Count 15 Due to Misjoinder Under Federal Rule of Criminal Procedure 8(b), 135 MOTION to Sever Count 15, 137 MOTION to Sever Count 15 (Noonan, Gregory) (Entered: 09/30/2011)
10/11/2011145 SUPERSEDING INDICTMENT as to Stryker Biotech, LLC (1) count(s) 1s, 2s-6s, 7s-12s, 13s, Mark Philip (2) count(s) 1s, 2s-6s, William Heppner (3) count(s) 1s, 2s-6s, David Ard (4) count(s) 1s, 2s-6s, Jeffrey Whitaker (5) count(s) 1s, 2s-6s. (Smith3, Dianne) (Additional attachment(s) added on 10/11/2011: # 1 JS45 whitaker, # 2 JS45 Ard, # 3 JS45 Heppner, # 4 JS45 Philip, # 5 JS45 Stryker) (Smith3, Dianne). (Entered: 10/11/2011)
10/12/2011  Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Order Referring Case to Ch. Magistrate Judge Judith G. Dein Reason for referral: PRETRIAL PROCEEDINGS as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Smith3, Dianne) (Entered: 10/12/2011)
10/13/2011146 Transcript of Motion Hearing as to Stryker Biotech, LLC held on June 29, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: None. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/3/2011. Redacted Transcript Deadline set for 11/14/2011. Release of Transcript Restriction set for 1/11/2012. (Scalfani, Deborah) (Main Document 146 replaced on 10/14/2011) (Scalfani, Deborah). (Main Document 146 replaced on 10/14/2011) (Scalfani, Deborah). (Entered: 10/13/2011)
10/13/2011147 NOTICE is hereby given that an official transcript of a proceeding as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 10/13/2011)
10/17/2011148 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on December 16, 2010, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/7/2011. Redacted Transcript Deadline set for 11/17/2011. Release of Transcript Restriction set for 1/17/2012. (Scalfani, Deborah) (Entered: 10/17/2011)
10/17/2011149 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on September 15, 2011, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 11/7/2011. Redacted Transcript Deadline set for 11/17/2011. Release of Transcript Restriction set for 1/17/2012. (Scalfani, Deborah) (Entered: 10/17/2011)
10/17/2011150 NOTICE is hereby given that an official transcript of a proceeding as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Scalfani, Deborah) (Entered: 10/17/2011)
10/21/2011151 STATUS REPORT of Parties Concerning Pretrial Schedule and Local Rule 117.1 Initial Pretrial Conference by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 10/21/2011)
10/21/2011152  MOTION for Release of Brady Materials Relating to the Government's Four Cooperating Witnesses as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Levy, Joshua) (Entered: 10/21/2011)
10/27/2011  Set/Reset Hearings as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Arraignment on Superseding Indictment set for 10/31/2011 10:00 AM in Courtroom 15 before Ch. Magistrate Judge Judith G. Dein. (Quinn, Thomas) (Entered: 10/27/2011)
10/28/2011153  NOTICE of Waiver of Appearance for Arraignment Pursuant to Federal Rule of Criminal Procedure 10(b) by David Ard as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Hooker, Miranda) (Entered: 10/28/2011)
10/28/2011154  NOTICE of Waiver of Appearance for Arraignment Pursuant to Federal Rule of Criminal Procedure 10(b) by Jeffrey Whitaker as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Porter, Alathea) (Entered: 10/28/2011)
10/29/2011155  NOTICE of Waiver of Appearance for Arraignment Pursuant to Federal Rule of Criminal Procedure 10(b) by Mark Philip as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Dudley, Hilary) (Entered: 10/29/2011)
10/31/2011  ELECTRONIC NOTICE OF HEARING ON MOTION as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker 135 MOTION to Sever Count 15, 152 MOTION for Release of Brady Materials Relating to the Government's Four Cooperating Witnesses, 131 MOTION to Exclude Expert Testimony of Drs. Grauer and Caton, 90 MOTION to Withdraw Document filed at Docket #89 (Motion for Leave to File, and accompanying Exhibit A), 130 MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011, 140 MOTION for Excludable Delay from November 7, 2011 to January 12, 2012, 137 MOTION to Sever Count 15, 132 MOTION to Sever Count 15 Due to Misjoinder Under Federal Rule of Criminal Procedure 8(b) : Motion Hearing set for 11/9/2011 02:45 PM in Courtroom 9 before Judge George A. OToole Jr.. (Danieli, Chris) (Entered: 10/31/2011)
10/31/2011  ELECTRONIC Clerk's Notes for proceedings held before Ch. Magistrate Judge Judith G. Dein:Arraignment as to Stryker Biotech, LLC (1) Count 1-5,1s,2s-6s,6,7-12,7s-12s,13s,15 and Mark Philip (2) Count 1-5,1s,2s-6s,6,16 and William Heppner (3) Count 1-5,1s,2s-6s,6 and David Ard (4) Count 1-5,1s,2s-6s,6,13 and Jeffrey Whitaker (5) Count 1-5,1s,2s-6s,6,14 held on 10/31/2011, Plea entered by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker Not Guilty on counts all. Court Reporter Name and Contact or digital recording information: Digital Recording. (Quinn, Thomas) (Entered: 10/31/2011)
11/01/2011  Judge update in case as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Ch. Magistrate Judge Judith G. Dein no longer assigned to case. (Quinn, Thomas) (Entered: 11/01/2011)
11/02/2011157 Assented to MOTION for Leave to File Reply Brief in Support of Motions to Sever as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC, Mark Philip. (Attachments: # 1 Exhibit [Proposed] Reply Brief in Support of Defendants' Motions for Severance, # 2 Exhibit Levy Declaration in Support of [Proposed] Reply Brief in Support of Severance Motions)(Levy, Joshua) (Entered: 11/02/2011)
11/03/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 157 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5); granting 158 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 11/03/2011)
11/03/2011160  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 135 MOTION to Sever Count 15, 137 MOTION to Sever Count 15, 132 MOTION to Sever Count 15 Due to Misjoinder Under Federal Rule of Criminal Procedure 8(b) (Levy, Joshua) (Entered: 11/03/2011)
11/07/2011163 Assented to MOTION for Leave to File Consolidated Sur-Reply in Opposition to Motions to Sever as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Attachments: # 1 Exhibit A)(Noonan, Gregory) (Entered: 11/07/2011)
11/08/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 163 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 11/08/2011)
11/08/2011164  Letter (non-motion) regarding October 21, 2011 Motion to Compel Disclosure of Exculpatory Information Relating to the Government's Four Cooperating Witnesses [Dkt 152] as to Stryker Biotech, LLC (Levy, Joshua) (Entered: 11/08/2011)
11/09/2011  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 11/9/2011 re 130 MOTION to Exclude Evidence Not Provided As Required By Defendants' Discovery Obligations Prior to September 30, 2011 filed by USA, 90 MOTION to Withdraw Document filed at Docket #89 (Motion for Leave to File, and accompanying Exhibit A) filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 159 MOTION to Seal filed by USA, 126 MOTION to Seal filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 135 MOTION to Sever Count 15 filed by Stryker Biotech, LLC, 140 MOTION for Excludable Delay from November 7, 2011 to January 12, 2012 filed by USA, 152 MOTION for Release of Brady Materials Relating to the Government's Four Cooperating Witnesses filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard, 131 MOTION to Exclude Expert Testimony of Drs. Grauer and Caton filed by USA, 137 MOTION to Sever Count 15 filed by Mark Philip, ( Final Pretrial Conference set for 1/4/2012 02:00 PM in Courtroom 9 before Judge George A. OToole Jr..), Motions terminated as toStryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: Motions in LImine shall be filed on or before 12/7/11; Responses shall be filed on or before 12/21/11. ( Motions in Limine may be filed after 12/7/11 only with permission of the Court. Otherwise, the Court adopts the other agreed-upon dates in the parties' Joint Statement ( dkt. no 151) Motion for Excludable Delay (dkt. no 140) is GRANTED. Motion to exclude (130) is MOOT. all other motions-motions to exclude expert testimony, to sever, to release brady materials are taken under advisement.(Attorneys present: For Government: Jeremy Sternberg, Gregory Noonan, Susan Winkler; For Defendant Stryker: Brien T. O'Connor, Joshua Levy; For Defendant Mark Philip: Stephen Huggard; For Defendant William Heppner: Robert Ullman; For Defendant David Ard: Brent Gurney; For Defendant Jeffrey Whitaker: Frank Libby. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 11/10/2011)
11/09/2011  Judge George A. OToole, Jr: ELECTRONIC ORDER entered. ORDER ON EXCLUDABLE DELAY as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. Time excluded from 11/7/11 until 1/12/12. Reason for entry of order on excludable delay: 18 USC 3161(h)(7)(A) Interests of justice. (Lyness, Paul) (Entered: 11/10/2011)
11/16/2011167  MOTION to Dismiss Count 13 as to Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 11/16/2011)
11/16/2011168  MOTION to Dismiss Count 13 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 11/16/2011)
11/16/2011169  MEMORANDUM in Support by Stryker Biotech, LLC as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 168 MOTION to Dismiss Count 13 (O'Connor, Brien) (Entered: 11/16/2011)
11/16/2011170 Assented to MOTION to Withdraw Document filed at Docket #167 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 11/16/2011)
11/17/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 170 Motion to Withdraw Document as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 11/17/2011)
11/21/2011171 Transcript of Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on June 29, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/21/2012. (Scalfani, Deborah) (Entered: 11/21/2011)
11/21/2011  NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/21/2011)
11/23/2011172  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 168 MOTION to Dismiss Count 13 (Sternberg, Jeremy) (Entered: 11/23/2011)
11/28/2011173 Transcript of Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on November 9, 2011, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 12/19/2011. Redacted Transcript Deadline set for 12/29/2011. Release of Transcript Restriction set for 2/27/2012. (Scalfani, Deborah) (Entered: 11/28/2011)
11/28/2011  NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 11/28/2011)
12/07/2011174  MOTION in Limine to Exclude Evidence of Philip's Separation from Stryker Biotech as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Dudley, Hilary) (Entered: 12/07/2011)
12/07/2011175  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 174 MOTION in Limine to Exclude Evidence of Philip's Separation from Stryker Biotech (Dudley, Hilary) (Entered: 12/07/2011)
12/07/2011176  MOTION in Limine to Preclude the Government from Referring to Heterotopic Ossification as a "Tail," "Growing a Tail," or Any Similar Variation as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Hooker, Miranda) (Entered: 12/07/2011)
12/07/2011177  MEMORANDUM in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 176 MOTION in Limine to Preclude the Government from Referring to Heterotopic Ossification as a "Tail," "Growing a Tail," or Any Similar Variation (Hooker, Miranda) (Entered: 12/07/2011)
12/07/2011178  MOTION in Limine and Memorandum of Law to Exclude Evidence of the Sale of Assets by Defendant Stryker Biotech to Olympus Biotech as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011179  MOTION in Limine to Exclude Witnesses Save for Parties and Party Representatives as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Noonan, Gregory) (Entered: 12/07/2011)
12/07/2011180  MOTION in Limine and Memorandum of Law to Exclude Evidence of the Decision to Discontinue Calstrux and Remove the Product From the Market as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011181  MOTION in Limine to Limit Defendants from Introducing the Penalties Associated with the Crimes Charged at Trial as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Noonan, Gregory) (Entered: 12/07/2011)
12/07/2011182  MOTION to Dismiss Misbranding Counts for Lack of Venue and Supporting Memorandum of Law as to Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011183  MOTION in Limine and Memorandum of Law to Exclude Evidence and Argument Concerning "Illegal" Off-Label Promotion and to Strike Paragraphs 44 and 57 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011184  MOTION in Limine and Memorandum of Law to Exclude Reference to an HDE "Cap" and to Strike Paragraphs 49, 50, and 58(j) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011185  MOTION in Limine in Support of Defendants' Request for Preliminary Jury Instruction Regarding Fraud by Omission as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011186  MOTION in Limine and Memorandum of Law to Limit the Government's Use of the Felony Misbranding Pleas of Darnell Martin, Justin Demming, Shane Doyle, and Christopher Ring as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011187  MOTION in Limine and Supporting Memorandum of Law to Exclude Certain Testimony of FDA Witnesses Aric Kaiser and Erin Keith as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011188  MOTION in Limine and Supporting Memorandum of Law to Exclude Expert and Lay Witness Testimony as to the Cause of Adverse Events as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Levy, Joshua) (Entered: 12/07/2011)
12/07/2011189  MOTION in Limine and Memorandum of Law to Strike Paragraph 58(e)(2) of the Superseding Indictment as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Conroy, Erin) (Entered: 12/07/2011)
12/07/2011190 Declaration in Support by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 187 MOTION in Limine and Supporting Memorandum of Law to Exclude Certain Testimony of FDA Witnesses Aric Kaiser and Erin Keith (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(O'Connor, Brien) Modified on 12/8/2011 updating the docket text to read Declaration (Danieli, Chris). (Entered: 12/07/2011)
12/07/2011191  MOTION in Limine and Memorandum of Law to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons by Failing to Disclose Adverse Events as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Levy, Joshua) (Entered: 12/07/2011)
12/07/2011192  MOTION in Limine and Memorandum of Law to Exclude One Slide Contained in a March 1, 2006 Powerpoint Presentation, and for a Cautionary Instruction as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011193  MOTION to Quash the Government's Rule 17(c) Trial Subpoena and Supporting Memorandum of Law as to Stryker Biotech, LLC. (O'Connor, Brien) (Entered: 12/07/2011)
12/07/2011194 Joint MOTION to Dismiss and Government's Oppositions Thereto as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA, Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (O'Connor, Brien) (Entered: 12/07/2011)
12/08/2011198 APPENDIX/EXHIBIT by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker 193 MOTION to Quash the Government's Rule 17(c) Trial Subpoena and Supporting Memorandum of Law filed by Stryker Biotech, LLC (Attachments: # 1 Exhibit A & Exhibit B to Motion to Quash Dckt. 193)(O'Connor, Brien) (Entered: 12/08/2011)
12/09/2011199 Assented to MOTION for Leave to File a Reply Brief in Support of Stryker Biotech's Motion to Dismiss Count 13 as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stryker Biotech, LLC. (Attachments: # 1 Exhibit Exhibit A (proposed Reply in support of Motion to Dismiss Count 13))(O'Connor, Brien) (Entered: 12/09/2011)
12/12/2011   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 199 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 12/12/2011)
12/12/2011200  Letter (non-motion) regarding certain Motions in Limine as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Attachments: # 1 Exhibit A)(Danieli, Chris) (Entered: 12/12/2011)
12/12/2011201 Proposed Voir Dire by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 12/12/2011)
12/12/2011202 Proposed Voir Dire by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 12/12/2011)
12/12/2011203  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC re 168 MOTION to Dismiss Count 13 (O'Connor, Brien) (Entered: 12/12/2011)
12/13/2011204  Letter (non-motion) regarding Defendants' Request for an Additional Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 12/13/2011)
12/13/2011205 EXHIBIT/WITNESS LIST by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 12/13/2011)
12/19/2011206 TRIAL BRIEF by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 12/19/2011)
12/19/2011207 TRIAL BRIEF by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 12/19/2011)
12/21/2011217  MOTION to Quash as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Stephen P. MacMillan. (Danieli, Chris) (Entered: 12/21/2011)
12/21/2011218 EXHIBIT/WITNESS LIST by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 12/21/2011)
12/22/2011219  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 176 MOTION in Limine to Preclude the Government from Referring to Heterotopic Ossification as a "Tail," "Growing a Tail," or Any Similar Variation (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011220  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 180 MOTION in Limine and Memorandum of Law to Exclude Evidence of the Decision to Discontinue Calstrux and Remove the Product From the Market (Noonan, Gregory) (Entered: 12/22/2011)
12/22/2011221  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 182 MOTION to Dismiss Misbranding Counts for Lack of Venue and Supporting Memorandum of Law (Noonan, Gregory) (Entered: 12/22/2011)
12/22/2011222  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 183 MOTION in Limine and Memorandum of Law to Exclude Evidence and Argument Concerning "Illegal" Off-Label Promotion and to Strike Paragraphs 44 and 57 (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011223  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 186 MOTION in Limine and Memorandum of Law to Limit the Government's Use of the Felony Misbranding Pleas of Darnell Martin, Justin Demming, Shane Doyle, and Christopher Ring (Noonan, Gregory) (Entered: 12/22/2011)
12/22/2011224  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 192 MOTION in Limine and Memorandum of Law to Exclude One Slide Contained in a March 1, 2006 Powerpoint Presentation, and for a Cautionary Instruction (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011225  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 189 MOTION in Limine and Memorandum of Law to Strike Paragraph 58(e)(2) of the Superseding Indictment (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011226  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 185 MOTION in Limine in Support of Defendants' Request for Preliminary Jury Instruction Regarding Fraud by Omission (Winkler, Susan) (Entered: 12/22/2011)
12/22/2011227  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 174 MOTION in Limine to Exclude Evidence of Philip's Separation from Stryker Biotech (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011228  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 193 MOTION to Quash the Government's Rule 17(c) Trial Subpoena and Supporting Memorandum of Law (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noonan, Gregory) (Entered: 12/22/2011)
12/22/2011229  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 178 MOTION in Limine and Memorandum of Law to Exclude Evidence of the Sale of Assets by Defendant Stryker Biotech to Olympus Biotech (Attachments: # 1 Exhibit 1)(Noonan, Gregory) (Entered: 12/22/2011)
12/22/2011230  Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 187 MOTION in Limine and Supporting Memorandum of Law to Exclude Certain Testimony of FDA Witnesses Aric Kaiser and Erin Keith (Winkler, Susan) (Entered: 12/22/2011)
12/22/2011231  RESPONSE to Motion by David Ard as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 181 MOTION in Limine to Limit Defendants from Introducing the Penalties Associated with the Crimes Charged at Trial (Hooker, Miranda) (Entered: 12/22/2011)
12/22/2011232  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 184 MOTION in Limine and Memorandum of Law to Exclude Reference to an HDE "Cap" and to Strike Paragraphs 49, 50, and 58(j) (Sternberg, Jeremy) (Entered: 12/22/2011)
12/22/2011233  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 188 MOTION in Limine and Supporting Memorandum of Law to Exclude Expert and Lay Witness Testimony as to the Cause of Adverse Events, 191 MOTION in Limine and Memorandum of Law to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons by Failing to Disclose Adverse Events (Sternberg, Jeremy) (Entered: 12/22/2011)
12/23/2011242  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 217 MOTION to Quash by Stephen MacMillan (Sternberg, Jeremy) (Entered: 12/23/2011)
12/28/2011245  MOTION to Exclude Experts as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Sternberg, Jeremy) (Entered: 12/28/2011)
12/30/2011246 Assented to MOTION for Leave to File Reply Memorandum in Support of their Motion in Limine to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons by Failing to Disclose Adverse Events as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Exhibit Defendants' Reply Memorandum in Support of Their Motion in Limine to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons by Failing to Disclose Adverse Events)(O'Connor, Brien) (Entered: 12/30/2011)
01/02/2012247 WITNESS LIST by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) Modified on 1/3/2012 (Jones, Sherry). (Entered: 01/02/2012)
01/03/2012   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 246 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5) (Danieli, Chris) (Entered: 01/03/2012)
01/03/2012248  Opposition by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 245 MOTION to Exclude Experts (O'Connor, Brien) (Entered: 01/03/2012)
01/03/2012249  REPLY TO RESPONSE to Motion by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 191 MOTION in Limine and Memorandum of Law to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons by Failing to Disclose Adverse Events (O'Connor, Brien) (Entered: 01/03/2012)
01/03/2012250  MOTION in Limine to Exclude Testimony of Newly Identified Government Witnesses as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Ullmann, Robert) (Entered: 01/03/2012)
01/03/2012251 EXHIBIT/WITNESS LIST by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 01/03/2012)
01/03/2012252  Proposed Jury Questions by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 01/03/2012)
01/03/2012253 STIPULATION re Authenticity by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 01/03/2012)
01/03/2012254 Proposed Jury Instructions by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Winkler, Susan) (Entered: 01/03/2012)
01/03/2012255 Proposed Jury Instructions by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 01/03/2012)
01/04/2012256 STIPULATION re Collection of Certain Documents by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 01/04/2012)
01/04/2012258  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 250 MOTION in Limine to Exclude Testimony of Newly Identified Government Witnesses (Sternberg, Jeremy) (Entered: 01/04/2012)
01/04/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Final Pretrial Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 1/4/2012. Motion to sever count 15 135 DENIED; Motion to sever count 15 137 DENIED; Motion for release of Brady Materials 152 RESERVED; Motion to dismiss count 13 168 DENIED WITHOUT PREJUDICE; Motion to exclude evidence of Philip's separation 174 GRANTED for the reasons stated in open court. Motion to preclude reference to growing a trail 176 DENIED WITHOUT PREJUDICE; Motion to exclude evidence of sale of Stryker Biotech assets 178 GRANTED for the reasons stated in open court; Motion to exclude witnessess save parties and party representatives 179 GRANTED for the reasons stated in open court; Motion to exclude evidence of decision to discontinue Calstrux 180 GRANTED for the reasons stated in opencourt; Motion to limit defendants from introducing penalties 181 GRANTED for the reasons stated in open court; Motion to dismiss for lack of jurisdiction 182 DENIED WITHOUT PREJUDICE; Motion to exlude evidence of adverse events 191 RESERVED; Motion to exclude one slide 192 RESERVED; Motion to quash trial subpoena 193 WITHDRAWN; Motion to quash 217 DENIED. Motions terminated as toStryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker: Brien O'Connor, Aaron Katz, Giselle Joffre, Joshua Levy; For Defendant Mark Philip: Stephen Huggard; For Defendant William Heppner: Robert Ullman; For Defendant David Ard: Brent Gurney,Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/06/2012)
01/06/2012260 Objection as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: 255 Proposed Jury Instructions filed by Stryker Biotech, LLC, Mark Philip, William Heppner, Jeffrey Whitaker, David Ard. (Winkler, Susan) (Entered: 01/06/2012)
01/06/2012261 EXHIBIT/WITNESS LIST by Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 01/06/2012)
01/06/2012262  Letter (non-motion) regarding Defendants' Motion in Limine to Exclude One Slide Contained in a March 1, 2006 Power Point Presentaiton, and for a Cautionary Instruction (see Dkt #192) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) (Entered: 01/06/2012)
01/06/2012263  Letter (non-motion) regarding Defendants' Letter Regarding Motion in Limine to Exclude One Stryker Biotech Training Slide (Dkt #262) as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Sternberg, Jeremy) (Entered: 01/06/2012)
01/06/2012264  MOTION to Sever Defendant Mark Philip as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by Mark Philip. (Dudley, Hilary) (Entered: 01/06/2012)
01/06/2012265  MEMORANDUM in Support by Mark Philip as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 264 MOTION to Sever Defendant Mark Philip (Dudley, Hilary) (Entered: 01/06/2012)
01/06/2012   Judge George A. O'Toole, Jr.: ELECTRONIC ORDER entered granting 90 Motion to Withdraw Document; finding as moot 163 Motion for Leave to File; denying 132 Motion to Sever; denying without prejudice 183 Motion to Exclude Evidence Concerning Off-Label Promotion and to Strike Paragraphs 44 and 57, 184 Motion to Exclude References to an HDE "Cap" and to Strike Paragraphs 49, 50, 58(j), 186 Motion to Limit Government's Use of Felony Misbranding Pleas, 187 Motion to Exclude Certain Testimony of FDA Witnesses Kaiser and Keith, 188 Motion to Exclude Expert and Lay Witness Testimony as to Cause of "Adverse Events," 189 Motion to Strike Paragraph 58(e)(2), 191 Motion to Exclude Evidence of Anecdotal Adverse Event Reports and Strike the Allegation that Defendants Defrauded Surgeons, 192 Motion to Exclude Slide and for Cautionary Instruction, 194 Motion Renewing Motions to Dismiss as to Stryker Biotech, LLC (1), Mark Philip (2), William Heppner (3), David Ard (4), Jeffrey Whitaker (5). (GAO, law2) (Entered: 01/06/2012)
01/06/2012  Judge George A. O'Toole, Jr.: ELECTRONIC ORDER entered. Any responses to 264 Defendant Mark Philip's Motion to Sever are to be filed electronically with the Court by 1/7/12 5:00 P.M. (GAO, law2) (Entered: 01/06/2012)
01/07/2012266  RESPONSE to Motion by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 264 MOTION to Sever Defendant Mark Philip (Winkler, Susan) (Entered: 01/07/2012)
01/07/2012267  RESPONSE to Motion by Stryker Biotech, LLC as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 264 MOTION to Sever Defendant Mark Philip (Lable, Cori) (Entered: 01/07/2012)
01/07/2012268  MOTION to Compel Brady Materials as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Attachments: # 1 Declaration of Aaron M. Katz)(Lable, Cori) (Entered: 01/07/2012)
01/08/2012269  MEMORANDUM in Opposition by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker re 268 MOTION to Compel Brady Materials (Sternberg, Jeremy) (Entered: 01/08/2012)
01/09/2012270 Transcript of Initial Appearance as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on October 28, 2009, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Main Document 270 replaced on 1/12/2012) (Scalfani, Deborah). (Entered: 01/09/2012)
01/09/2012271 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on December 22, 2009, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012272 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on February 9, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012273 Transcript of Status Conference and Motion Hearing as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on April 9, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012274 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on June 21, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012275 Transcript of Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on September 15, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012276 Transcript of Final Status Conference as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on November 15, 2010, before Chief Magistrate Judge Judith G. Dein. Court Reporter Name and Contact Information: No Reporter Used. Digital Recording transcribed by Maryann Young. The Transcript may be purchased through Maryann Young at 508-384-2003, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 1/30/2012. Redacted Transcript Deadline set for 2/9/2012. Release of Transcript Restriction set for 4/9/2012. (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012  NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/09/2012)
01/09/2012277 AMENDED DOCUMENT, CORRECTED OBJECTION TO DEFENDANT'S PROPOSED PRELIMINARY INSTRUCTIONS by USA. Amendment to 260 Objection (unrelated to a motion) to Proposed Preliminary Jury Instructions as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker: (Winkler, Susan) Modified on 1/11/2012 (Jones, Sherry). (Entered: 01/09/2012)
01/09/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on 1/9/2012. Motion to Sever Mark Philip 264 GRANTED. Motion to Sever Count 13 GRANTED. Motions terminated as toStryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker:, ( Status Conference as to Mark Philip set for 3/28/2012 02:00 PM in Courtroom 9 before Judge George A. OToole Jr..) (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Greg Noonan; For Defendant Stryker: Brien O'Connor, Aaron Katz,Cori Lable, Joshua Levy; For Defendant Mark Philip: Stephen Huggard, Hilary Dudley; For Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant David Ard: Brent Gurney, Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/10/2012)
01/10/2012278 Response as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker: 277 Amended Document (Not Motion) filed by USA. (Lable, Cori) (Entered: 01/10/2012)
01/10/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on 1/10/2012. Jury selection continued. (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker: Brien O'Connor, Aaron Katz, Cori Lable, Joshua Levy; for Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant: David Ard: Brent Gurney, Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/11/2012)
01/11/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on 1/11/2012. Jury selection continues. Counsel argue Motion to Compel 268 in open court. The court DENIES that motion for the reasons stated in open court. Opening statements to begin on 1/12/12. Motions terminated as toStryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker: (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker: Brien O'Connor, Aaron Katz, Cori Lable, Joshua Levy; For Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant David Ard: Brent Gurney, Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/11/2012)
01/11/2012279 SUPPLEMENTAL EXHIBIT LIST by Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (O'Connor, Brien) Modified on 1/12/2012 (Jones, Sherry). (Entered: 01/11/2012)
01/12/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on 1/12/2012. Opening statements are made by the government, Stryker Biotech, William Heppner, and David Ard. Opening statement by Jeffrey Whitaker will be made on 1/13/12. (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker: Brien T. O'Connor, Aaron Katz, Cori Lable, Joshua Levy; For Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant David Ard: Brent Gurney, Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/12/2012)
01/12/2012280 STIPULATION re Mark Philip's Handwriting by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 01/12/2012)
01/12/2012281 SUPPLEMENTAL CONSOLIDATED EXHIBIT LIST by Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Levy, Joshua) Modified on 1/13/2012 (Jones, Sherry). (Entered: 01/12/2012)
01/13/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on 1/13/2012. Opening statement of defendant Jeffrey Whitaker given. Testimony of government witness John Houghton begins. Evidence presented. (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker: Brien O'Connor, Aaron Katz, Cori Lable, Joshua Levy; For Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant David Ard: Brent Gurney, Miranda Hooker; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/13/2012)
01/13/2012282 EXHIBIT/WITNESS LIST by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 01/13/2012)
01/16/2012283  MOTION to Exclude TESTIMONY OF GOVERNMENT WITNESS DR. LARRY DEUTSCH, AND MEMORANDUM IN SUPPORT THEREOF as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker. (Ullmann, Robert) (Entered: 01/16/2012)
01/17/2012284 Assented to MOTION to Dismiss All Counts As To Defendant David Ard as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Noonan, Gregory) (Entered: 01/17/2012)
01/17/2012285 SUPERSEDING INFORMATION (Misdemeanor) as to Stryker Biotech, LLC (1) count(s) 1ss. (Attachments: # 1 JS45)(Alves-Baptista, Antonia) Modified on 1/17/2012 to change count to misdemeanor. (Alves-Baptista, Antonia). (Entered: 01/17/2012)
01/17/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Jury Trial as to Stryker Biotech, LLC, William Heppner,Jeffrey Whitaker held on 1/17/2012. Defendant's Heppner and Whitaker make an oral motion for a mistrial with prejudice. (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant Stryker Biotech: Brien O'Connor, Aaron Katz, Cori Lable, Joshua Levy; For Defendant William Heppner: Robert Ullman, Maya Sethi; For Defendant Jeffrey Whitaker: Frank Libby, Alathea Porter. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/17/2012)
01/17/2012289 EXHIBIT/WITNESS LIST by USA as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker (Noonan, Gregory) (Entered: 01/17/2012)
01/17/2012  ELECTRONIC Clerk's Notes for proceedings held before Judge George A. OToole, Jr:Plea and Sentence Hearing held on 1/17/2012 Stryker Biotech, LLC (1) Plea of guilty and sentencing on Count 1ss. Defendant sentenced: Stryker Biotech, LLC (1), Count(s) 1ss, Defendant is to pay a fine of $15,000,000.00 which is due within 5 days of the entry of the judgment. Defendant is assessed $125.00 which is due forthwith.., (Attorneys present: For Government: Jeremy Sternberg, Susan Winkler, Gregory Noonan; For Defendant: Brien O'Connor, Joshua Levy, Aaron Katz, Cori Lable. )Court Reporter Name and Contact or digital recording information: Marcia Patrisso at 617-737-8728. (Lyness, Paul) (Entered: 01/18/2012)
01/17/2012290 PLEA AGREEMENT as to Stryker Biotech, LLC (Attachments: # 1 Supplement)(Lyness, Paul) (Entered: 01/18/2012)
01/17/2012291  Letter (non-motion) as to Stryker Biotech, LLC (Attachments: # 1 Supplement)(Lyness, Paul) (Entered: 01/18/2012)
01/18/2012292 Judge George A. OToole, Jr: ORDER entered. JUDGMENT as to Stryker Biotech, LLC (1), Count(s) 1ss, Defendant is to pay a fine of $15,000,000.00 which is due within 5 days of the entry of the judgment. Defendant is assessed $125.00 which is due forthwith. (Lyness, Paul) (Entered: 01/18/2012)
01/18/2012293 Assented to MOTION to Dismiss All Counts as to Defendants William Heppner and Jeffrey Whitaker as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker by USA. (Noonan, Gregory) (Entered: 01/18/2012)
01/19/2012295  MOTION to Dismiss All Counts as to Defendant Stryker Biotech, LLC as to Stryker Biotech, LLC, by USA. (Winkler, Susan) Modified on 1/19/2012 (Lyness, Paul). Modified on 1/24/2012 (Jones, Sherry). (Entered: 01/19/2012)
01/19/2012   Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting 295 Motion to Dismiss as to Stryker Biotech, LLC (1) (Lyness, Paul) (Entered: 01/19/2012)
01/19/2012298 SEALED Transcript of Jury Trial Day One as to Stryker Biotech, LLC, Mark Philip, William Heppner, David Ard, Jeffrey Whitaker held on January 9, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012299 SEALED Transcript of Jury Trial Day Two as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 10, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012300 SEALED Transcript of Jury Trial Day Three as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 11, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012301 Transcript of Jury Trial Day Four as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 12, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012302 Transcript of Jury Trial Day Five as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 13, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012303 EXCERPT Transcript of Jury Trial Day Five (Excerpt - Opening Statements) as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 13, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012304 Transcript of Jury Trial Day Six as to Stryker Biotech, LLC, William Heppner, David Ard, Jeffrey Whitaker held on January 17, 2012, before Judge George A. OToole. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/9/2012. Redacted Transcript Deadline set for 2/21/2012. Release of Transcript Restriction set for 4/18/2012. (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012  NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 01/19/2012)
01/19/2012307 WITNESS LIST (Lyness, Paul) (Entered: 01/20/2012)
01/19/2012308 EXHIBIT LIST (Lyness, Paul) (Entered: 01/20/2012)
01/20/2012  PAYMENT RECEIVED $ 15,000,000.00, receipt number 690002, received 01/19/2012 re 292 Judgment, as to Stryker Biotech, LLC (Adam, Lucien) (Entered: 01/20/2012)