National Union Fire Insurance Company of Pittsburgh, Pa. v. Surgalign Spine Technologies, Inc.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., as subrogee and assignee of Montefiore Medical Center, Plaintiff, -against- 1:22-cv-09870-JLR SURGALIGN SPINE TECHNOLOGIES, INC., JOINT MOTION FOR ORDER formerly known as RTI SURGICAL, INC.; and DISMISSING ACTION AGAINST ORGANOGENESIS, INC., formerly known as DEFENDANT ORGANOGENESIS, NUTECH MEDICAL, INC., INC. Defendants. JOINT MOTION FOR ORDER DISMISSING ACTION AGAINST DEFENDANT ORGANOGENESIS, INC. Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff National Union Fire Insurance Company of Pittsburgh, Pa. (“National Union”) and Defendant Organogenesis, Inc., including as successor to NuTech Medical, Inc. (“Organogenesis”), jointly and respectfully move the Court for an Order dismissing this action as it relates to Organogenesis, including all claims National Union has brought against Organogenesis (Counts V-VII of the Second Amended Complaint [Dkt. No. 62]), with prejudice and without costs or attorneys’ fees, with all parties

waiving any right to appeal. See Money Tree Capital Funding, LLC v. Money Tree Capital Markets LLC, No. 22-cv-10084 (ER), 2023 U.S. Dist. LEXIS 36041, at **3-4 (S.D.N.Y. Mar. 3, 2023). Dated: May 17, 2024 NATIONAL UNION FIRE INSURANCE ORGANOGENESIS, INC., formerly known COMPANY OF PITTSBURGH, PA., as as NUTECH MEDICAL, INC. subrogee and assignee of Montefiore Medical Center By Its Attorneys, By Its Attorneys, GORDON REES SCULLY MANSUKHANI FOLEY HOAG LLP LLP /s/ Katherine A. Musbach Ww permission /s/ Christian A. Garcia /s/ Christian A. Garcia Brian Middlebrook Matthew C. Baltay (Pro Hac Vice) bmiddlebrook @ grsm.com Christian A. Garcia (Pro Hac Vice) 1 Battery Plaza, 28th Floor 155 Seaport Boulevard New York, New York 10004 Boston, MA 02210-2600 Telephone: (212) 269-5500 617-832-1000 mbaltay @ foleyhoag.com Scott L. Schmookler (Pro Hac Vice) cgarcia@foleyhoag.com sschmookler@ grsm.com Katherine A. Musbach (Pro Hac Vice) kmusbach @ grsm.com One North Franklin, Suite 800 Chicago, IL 60606 Telephone: (312) 980-6790

Plaintiff's claims against Defendant Organogenesis, Inc. are dismissed with prejudice. The Clerk of Court is respectfully directed to terminate Organogenesis, Inc. and close the motion pending at ECF No. 74. Because the only defendant remaining in this action is Surgalign Spine Technologies, Inc., which remains in bankruptcy proceedings, the Clerk of Court is further directed to mark the case as STAYED. Plaintiff and Surgalign Spine Technologies, Inc. shall inform the Court promptly when the stay can be lifted. Plaintiff and Surgalign Spine Technologies, Inc. shall file a joint status letter no later than four months from the date of this order, and every four months thereafter until the stay can be lifted. Dated: May 21, 2024 SO ORDERED. New York, New York : KB NNIFER L. ROCHON United States District Judge