Hofer et al v. Wright Medical Technology Inc et al
Plaintiff: Kay Hofer and William Hofer
Defendant: Wright Medical Technology Inc and Does 1-10 inclusive
Case Number: 4:2020cv00955
Filed: August 19, 2020
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Kristine G Baker
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Opinion or Order Filing 44 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 19, 2020 Filing 43 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTIFICATION to Counsel from the Clerk of Court regarding MDL 2949, In Re Profemur Hip Implant Products Liability Litigation. The case of Hofer et al v. Wright Medical Technology Inc et al, originally filed in the U.S. District Court for the Southern District of California and assigned case number 3:18-cv-01991, was transferred by the Judicial Panel on Multidistrict Litigation to the Eastern District of Arkansas and assigned to U.S. District Judge Kristine G. Baker as case number 4:20-cv-00955-KGB for coordinated or consolidated pretrial proceedings. The master case for this litigation is 4:20-md-2949-KGB. All counsel should request E-File Registration with the Eastern District of Arkansas through PACER. Signed at the Direction of the Court on 8/19/2020. (cmn)
August 19, 2020 Filing 42 Case electronically transferred in from District of California Southern, case number 3:18-cv-01991. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Filing 41 Case transferred to District of Eastern District of Arkansas. Files transferred electronically to: *District of Eastern District of Arkansas*.*500 W. Capitol Ave.**Little Rock, AR 72201* (Attachments: #1 MDL 2949 Transfer Order) (jdt) [Transferred from casd on 8/19/2020.]
June 15, 2020 Opinion or Order Filing 40 ORDER Granting Joint Motion to Enter Stipulation to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation. Case stayed until pending the outcome of Plaintiffs' counsel's Motion to Transfer all cases involving the Profemur Modular Hips Implant Stem to the Eastern District of Arkansas that has been filed with the United States Judicial Panel on Multidistrict Litigation, Civil Docket: MDL No. 2949. Signed by Judge Anthony J. Battaglia on 6/12/2020. (jrm) [Transferred from casd on 8/19/2020.]
June 10, 2020 Filing 39 Joint MOTION to Stay re #38 Order on Motion to Amend/Correct, by Wright Medical Technology, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Proof of Service)(Hickson, Janet) (jrm). [Transferred from casd on 8/19/2020.]
March 30, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion to Amend Scheduling Order. Final Pretrial Conference set for 7/8/2021 02:00 PM before Judge Anthony J. Battaglia. Mandatory Settlement Conference set for 9/15/2020 02:00 PM before Magistrate Judge Barbara Lynn Major. Proposed Pretrial Order due by 6/24/2021. Signed by Magistrate Judge Barbara Lynn Major on 3/30/2020. (sjt) [Transferred from casd on 8/19/2020.]
March 27, 2020 Filing 37 MOTION to Amend/Correct #28 Scheduling Order, by Wright Medical Technology, Inc.. (Attachments: #1 Declaration, #2 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
January 28, 2020 Opinion or Order Filing 36 ORDER Approving the Pro Hac Vice Application of Claire M. Hillman, re #34 Request to Appear Pro Hac Vice. Signed by Judge Anthony J. Battaglia on 1/27/2020.(rmc) [Transferred from casd on 8/19/2020.]
January 27, 2020 Opinion or Order Filing 35 ORDER Approving the Pro Hac Vice Application of Scott W. Sayler, re #33 Request to Appear Pro Hac Vice. Signed by Judge Anthony J. Battaglia on 1/23/2020.(rmc) [Transferred from casd on 8/19/2020.]
January 24, 2020 Filing 34 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13402914.) (Application to be reviewed by Clerk.) (Hillman, Claire) (rmc). [Transferred from casd on 8/19/2020.]
January 23, 2020 Filing 33 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13397516.) (Application to be reviewed by Clerk.) (Sayler, Scott) (rmc). [Transferred from casd on 8/19/2020.]
December 3, 2019 Opinion or Order Filing 32 ORDER Approving Stipulated Protective Order with Modifications (ECF No. #30 ). Signed by Magistrate Judge Barbara Lynn Major on 12/3/2019. (jrm) [Transferred from casd on 8/19/2020.]
November 25, 2019 Filing 31 NOTICE of Discovery Agreement and Stipulation by Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (jms). [Transferred from casd on 8/19/2020.]
November 25, 2019 Filing 30 Joint MOTION for Protective Order by Wright Medical Technology, Inc.. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (jms). [Transferred from casd on 8/19/2020.]
November 7, 2019 Filing 29 NOTICE of Oral and Videotaped Deposition of Wright Medical Technology, Inc. Pursuant to Federal Rule 30(b)(6) by Kay Hofer, William Hofer (Blakely, Michael) (jrm). [Transferred from casd on 8/19/2020.]
November 5, 2019 Opinion or Order Filing 28 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 6/8/2020 09:30 AM before Magistrate Judge Barbara Lynn Major. Proposed Pretrial Order due by 3/25/2021. Final Pretrial Conference set for 4/1/2021 02:00 PM before Judge Anthony J. Battaglia.. Signed by Judge Anthony J. Battaglia on 11/05/2019.(jrm) [Transferred from casd on 8/19/2020.]
November 4, 2019 Filing 27 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Early Neutral Evaluation Conference held on 11/4/2019. Case did not settle. Case Management Conference held on 11/4/2019. Order to follow. (Plaintiff Attorney Kirkland Pope; Michael J. Blakely). (Defendant Attorney Janet Hickson; Mayela Montenegro). (no document attached) (bxr) [Transferred from casd on 8/19/2020.]
October 29, 2019 Opinion or Order Filing 26 Order Resetting Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference continued to 11/4/2019 02:00 PM before Magistrate Judge Barbara Lynn Major. Signed by Magistrate Judge Barbara Lynn Major on 10/29/2019.(jrm) [Transferred from casd on 8/19/2020.]
October 25, 2019 Filing 25 JOINT DISCOVERY PLAN by Wright Medical Technology, Inc. re #24 Notice and Order for Early Neutral Evaluation conference, (Attachments: #1 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
September 30, 2019 Opinion or Order Filing 24 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 11/4/2019 03:30 PM before Magistrate Judge Barbara Lynn Major. Joint Discovery Plan due 10/25/2019. Signed by Magistrate Judge Barbara Lynn Major on 09/30/19.(mme) [Transferred from casd on 8/19/2020.]
September 24, 2019 Filing 23 ANSWER to #14 Amended Complaint by Wright Medical Technology, Inc.. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
August 20, 2019 Opinion or Order Filing 22 ORDER Granting Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint. (Doc. No. #17 ). The Court grants Plaintiffs 21 days from the date of this Order to file a second amended complaint. Signed by Judge Anthony J. Battaglia on 8/20/2019. (jrm) Modified docket text on 8/20/2019; NEF regenerated (jrm). (jao). [Transferred from casd on 8/19/2020.]
January 10, 2019 Opinion or Order Filing 21 ORDER BY JUDGE BATTAGLIA: Motions Submitted #17 MOTION to Dismiss Plaintiffs' First Amended Complaint. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date. (no document attached) (sc) [Transferred from casd on 8/19/2020.]
November 12, 2018 Filing 20 REPLY to Response to Motion re #17 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
November 5, 2018 Filing 19 RESPONSE in Opposition re #17 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Kay Hofer, William Hofer. (Pope, N.) (acc). [Transferred from casd on 8/19/2020.]
October 22, 2018 Opinion or Order Filing 18 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #17 MOTION to Dismiss Plaintiffs' First Amended Complaint : Responses due by 11/5/2018; Replies due by 11/12/2018; sur-replies will not be accepted. Motion hearing scheduled for 1/17/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) [Transferred from casd on 8/19/2020.]
October 18, 2018 Filing 17 MOTION to Dismiss Plaintiffs' First Amended Complaint by Wright Medical Technology, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
October 18, 2018 Filing 16 NOTICE of Withdrawal of Motion to Dismiss by Wright Medical Technology, Inc. re #12 MOTION to Dismiss (Attachments: #1 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
October 4, 2018 Filing 15 NOTICE of Appearance by Mayela C. Montenegro on behalf of Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela)Attorney Mayela C. Montenegro added to party Wright Medical Technology, Inc.(pty:dft) (acc). [Transferred from casd on 8/19/2020.]
October 4, 2018 Filing 14 AMENDED COMPLAINT with Jury Demand First Amended Complaint for Damages against DOES 1-10, Wright Medical Technology, Inc., filed by William Hofer, Kay Hofer. (Pope, N.) (acc). [Transferred from casd on 8/19/2020.]
September 21, 2018 Opinion or Order Filing 13 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #12 MOTION to Dismiss : Responses due by 10/5/2018; Replies due by 10/12/2018; sur-replies will not be accepted. Motion hearing scheduled for 1/17/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) [Transferred from casd on 8/19/2020.]
September 21, 2018 Filing 12 ***WITHDRAWN PER NOTICE #16 ***MOTION to Dismiss by Wright Medical Technology, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hickson, Janet)Attorney Janet L. Hickson added to party Wright Medical Technology, Inc.(pty:dft) (acc). Modified on 10/18/2018 (acc). [Transferred from casd on 8/19/2020.]
September 6, 2018 Filing 11 PRO HAC APPROVED re #8 : N. Kirkland Pope appearing for Plaintiffs Kay Hofer, William Hofer. (no document attached) (mdc) [Transferred from casd on 8/19/2020.]
September 6, 2018 Filing 10 PRO HAC APPROVED re #7 : Michael J. Blakely, Jr appearing for Plaintiffs Kay Hofer, William Hofer. (no document attached) (mdc) [Transferred from casd on 8/19/2020.]
September 5, 2018 Filing 9 PRO HAC APPROVED re #6 : R. Timothy Morrison appearing for Plaintiffs Kay Hofer, William Hofer. (no document attached) (mdc) [Transferred from casd on 8/19/2020.]
September 5, 2018 Filing 8 Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974-11627831 - See #4 ). (Application to be reviewed by Clerk.) (Pope, N.) Modified text on 9/6/2018 to add filing fee info. (mdc) [Transferred from casd on 8/19/2020.]
September 5, 2018 Filing 7 Request to Appear Pro Hac Vice, (Filing fee received: $ 206 receipt number 0974-11627783 - See #3 ). (Application to be reviewed by Clerk.) (Blakely, Michael) Modified text on 9/6/2018 to add filing fee info. (mdc) [Transferred from casd on 8/19/2020.]
September 5, 2018 Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11636237.) (Application to be reviewed by Clerk.) (Morrison, R.) [Transferred from casd on 8/19/2020.]
September 5, 2018 Filing 5 SUMMONS Returned Executed by William Hofer, Kay Hofer. DOES 1-10, Wright Medical Technology, Inc. served. (Chambers, Robert) (acc). [Transferred from casd on 8/19/2020.]
September 4, 2018 Filing 4 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11627831.) (Application to be reviewed by Clerk.) (Pope, N.)QC email sent re: missing signature. (dsn) 9/6/2018 - Refiled as #8 . (mdc) [Transferred from casd on 8/19/2020.]
September 4, 2018 Filing 3 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11627783.) (Application to be reviewed by Clerk.) (Blakely, Michael) QC email sent re: missing signatures (dsn). 9/6/2018 - Refiled as #7 . (mdc) [Transferred from casd on 8/19/2020.]
August 28, 2018 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm) (jao). [Transferred from casd on 8/19/2020.]
August 27, 2018 Filing 1 COMPLAINT with Jury Demand against DOES 1-10, Wright Medical Technology, Inc. ( Filing fee $ 400 receipt number 0974-11605720.), filed by William Hofer, Kay Hofer. (Attachments: #1 civil cover sheet)The new case number is 3:18-cv-01991-AJB-BLM. Judge Anthony J. Battaglia and Magistrate Judge Barbara Lynn Major are assigned to the case. (Chambers, Robert)(jrm) (jao). [Transferred from casd on 8/19/2020.]

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Plaintiff: Kay Hofer
Represented By: Robert Joseph Chambers, II
Represented By: R. Timothy Morrison
Represented By: Michael J. Blakely, Jr.
Represented By: N. Kirkland Pope
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Plaintiff: William Hofer
Represented By: Robert Joseph Chambers, II
Represented By: R. Timothy Morrison
Represented By: Michael J. Blakely, Jr.
Represented By: N. Kirkland Pope
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Defendant: Wright Medical Technology Inc
Represented By: Janet L. Hickson
Represented By: Claire Martha Hillman
Represented By: Scott W. Sayler
Represented By: Mayela C. Montenegro-Urch
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Defendant: Does 1-10 inclusive
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