National Union Fire Insurance Company of Pittsburgh v. Surgalign Spine…
National Union Fire Insurance Company of Pittsburgh, Pa. v. Surgalign Spine Technologies, Inc.
- Rochon
- 1:22-cv-09870
- U.S. District Court · Southern District of New York
- 2
In National Union v. Surgalign, Judge Rochon dismissed National Union’s claims against Organogenesis with prejudice and stayed the case because Surgalign remained in bankruptcy.
National Union’s claims against Organogenesis were dismissed with prejudice. Organogenesis was terminated from the case, and the remaining claims against Surgalign were stayed while Surgalign remained in bankruptcy proceedings.
What happened
National Union Fire Insurance Company of Pittsburgh, Pa., acting as subrogee and assignee of Montefiore Medical Center, sued Surgalign Spine Technologies, Inc., and Organogenesis, Inc. The parties jointly asked the court to dismiss National Union’s claims against Organogenesis.
The court dismissed all claims against Organogenesis, including Counts V through VII of the Second Amended Complaint, with prejudice. It directed the Clerk to terminate Organogenesis and close the pending motion at ECF No. 74.
Because Surgalign was the only remaining defendant and was in bankruptcy proceedings, the court stayed the case. Judge Rochon required National Union and Surgalign to notify the court when the stay could be lifted and to file joint status letters every four months until then.
The detailed version
- National Union Fire Insurance Company of Pittsburgh v. Surgalign Spine… · No. 1:22-cv-09870
- Rochon
- May 21, 2024
Background
National Union Fire Insurance Company of Pittsburgh, Pa., identified as the subrogee and assignee of Montefiore Medical Center, brought claims against Surgalign Spine Technologies, Inc., formerly known as RTI Surgical, Inc., and Organogenesis, Inc., including as successor to NuTech Medical, Inc. The opinion does not describe the underlying claims. National Union and Organogenesis jointly moved under Federal Rule of Civil Procedure 41(a)(2) to dismiss the action as to Organogenesis, including Counts V through VII of the Second Amended Complaint.
Ruling on Organogenesis
The court ordered that National Union’s claims against Organogenesis be dismissed with prejudice. The Clerk of Court was directed to terminate Organogenesis as a defendant and close the motion pending at ECF No. 74. The joint motion requested dismissal without costs or attorneys’ fees and stated that the parties waived any right to appeal; the order itself specifically states the dismissal with prejudice but does not separately address those requested terms.
Stay of the Case
The court stated that Surgalign was the only remaining defendant and remained in bankruptcy proceedings. It therefore directed the Clerk to mark the case as stayed. National Union and Surgalign must promptly inform the court when the stay can be lifted and must file a joint status letter no later than four months after the order, and every four months afterward until the stay can be lifted. Judge Jennifer L. Rochon entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.