Little et al v. Zimmer, Inc. et al
| Joseph F Little and Nancy J Little |
| Zimmer Inc. and Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc. |
| 1:2018cv10393 |
| November 8, 2018 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Paul G Gardephe |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
Docket Report
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Filing 15
ORDER, The Court issues this Order to, among other things, (1) adopt Plaintiffs' Leadership Structure; (2) establish direct filing; and (3) set a schedule for initial case management orders. On November 12, 2018, on behalf of the plaintiffs, Temporary Lead Counsel submitted Plaintiffs' proposed permanent leadership structure. This leadership structure included the following as further set forth in this Order. Plaintiffs' Executive Committee shall submit a proposed order defining the authority, duties, and responsibilities of counsel, including specific guidelines and rules regarding staffing, fees, expenses, and billing records, on or before January 22, 2019. The Parties will submit a direct filing order as described in Section III(a) below on or before January 21, 2019. On or before January 21, 2019, counsel for the Zimmer Defendants and Plaintiffs' Executive Committee shall meet and confer and submit joint proposed case management orders as further set forth in this Order. The Court refers the case for any desired settlement discussions with the Court to Magistrate Judge Debra C. Freeman. (Dkt. 28.) No action regarding settlement is ordered at this time, but the parties may contact Magistrate Judge Freeman should they wish to begin settlement discussions at some point in the future. The Court will conduct the next Status Conference on January 29, 2019, at 11:00 a.m. in Courtroom 14-C of the Daniel Patrick Moynihan United State Courthouse, 500 Pearl Street, New York, New York 10007. Counsel should check in with the Courtroom Deputy at least fifteen minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the Courtroom may not be reserved. In advance of each future Status Conference, counsel for the Zimmer Defendants and Plaintiffs' Executive Committee shall meet and confer regarding the agenda for the Conference. No later than five (5) days prior to each Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the parties' tentative agenda and the parties' proposals on those issues (and, to the extent applicable, submitting any proposed orders-joint or otherwise-in accordance with Section VI below). SO ORDERED. (Status Conference set for 1/29/2019 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Jesse M. Furman on 12/13/18) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra C. Freeman. Please note that this is a reassignment of the designation only. Filed In Associated Cases: 1:18-md-02859-PAC et al.(sjo)
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Filing 14
MOTION for Brenda S. Fulmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15984146. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph F Little, Nancy J Little. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(Fulmer, Brenda)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (19 in 1:18-md-02859-PAC, 14 in 1:18-cv-10393-PAC) MOTION for Brenda S. Fulmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15984146. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(jc)
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Filing 13
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15975230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph F Little, Nancy J Little. (Attachments: #1 Affidavit in Support of PHV, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(Warriner, Clell) Modified on 11/29/2018 (wb).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (13 in 1:18-cv-10393-PAC, 18 in 1:18-md-02859-PAC) MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-15975230. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(wb)
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NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Paul G. Gardephe is no longer assigned to the case. (sjo)
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CASE ACCEPTED AS RELATED. Create association to 1:18-md-02859-PAC. (sjo)
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Magistrate Judge Ona T. Wang is so redesignated. (sjo)
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CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (sjo)
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Filing 12
CASE TRANSFERRED IN from the United States District Court - District of Maryland; Case Number: 1:18-cv-02696. Original file certified copy of transfer order and docket entries received.
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Case Designated ECF. (laq)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (laq)
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Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (laq)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Magistrate Judge Kevin Nathaniel Fox. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (laq)
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Filing 11
MDL Certified Transfer ORDER transferring case to the Southern District of New York. Signed by Jeffery N. Luthi, Clerk of MDL Panel on 11/1/2018. (hmls, Deputy Clerk) [Transferred from Maryland on 11/8/2018.]
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Filing 10
ORDER granting #9 Joint Motion to Stay. Signed by Judge Catherine C. Blake on 10/26/2018. (cags, Deputy Clerk) [Transferred from Maryland on 11/8/2018.]
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Filing 9
Joint MOTION to Stay Pending Transfer to Multidistrict Litigation by Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Sangiamo, Dino) [Transferred from Maryland on 11/8/2018.]
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Filing 8
SUMMONS Returned Executed by Joseph F Little, Nancy J Little. Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc. served on 9/6/2018, answer due 10/29/2018; Zimmer, Inc. served on 9/6/2018, answer due 10/29/2018. (Attachments: #1 Certificate of Service)(Jenner, Robert) [Transferred from Maryland on 11/8/2018.]
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Filing 7
ORDER GRANTING #6 Motion for Extension of Time to Answer re #1 Complaint. Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc. and Zimmer, Inc. answers due 10/29/2018. Signed by Judge Catherine C. Blake on 9/26/2018. (hmls, Deputy Clerk) [Transferred from Maryland on 11/8/2018.]
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Filing 6
Consent MOTION for Extension of Time for Defendants to Respond to Complaint by Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc. (Attachments: #1 Text of Proposed Order)(Sangiamo, Dino) Modified on 9/26/2018 (hmls, Deputy Clerk). [Transferred from Maryland on 11/8/2018.]
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Filing 5
NOTICE of Appearance by Dino S Sangiamo on behalf of Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc. (Sangiamo, Dino) [Transferred from Maryland on 11/8/2018.]
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Filing 4
Summons Issued 21 days as to Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc.(hmls, Deputy Clerk) [Transferred from Maryland on 11/8/2018.]
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Filing 3
NOTICE by Joseph F Little, Nancy J Little re #1 Complaint, Corrected Summons (Jenner, Robert) [Transferred from Maryland on 11/8/2018.]
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Filing 2
(FILED IN ERROR - COUNSEL LISTED ON SUMMONS HAS NOT ENTERED AN APPEARANCE AND HAS NOT FILED HIS MOTION FOR PRO HAC YET) Summons Issued 21 days as to Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc. (Attachments: #1 Summons 2)(hmls, Deputy Clerk) Modified on 9/4/2018 (hmls, Deputy Clerk). [Transferred from Maryland on 11/8/2018.]
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Case Assigned to Judge Catherine C. Blake. (ko, Deputy Clerk) [Transferred from Maryland on 11/8/2018.]
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Filing 1
COMPLAINT against Zimmer Holdings, Inc., n/k/a Zimmer Biomet Holdings, Inc., Zimmer, Inc. ( Filing fee $ 400 receipt number 0416-7535128.), filed by Joseph F Little, Nancy J Little. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Jenner, Robert) [Transferred from Maryland on 11/8/2018.]
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