Kief v. Wright Medical Technology Inc
Plaintiff: Mildred E Kief
Defendant: Wright Medical Technology Inc
Case Number: 4:2020cv00956
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: Both
Docket Report

This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Filing 41 Mail Returned Undeliverable as to Kevin M. Fitzgerald re #39 Order. Resent to updated address. (fjg)
September 18, 2020 Filing 40 MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Burke, Sean)
September 9, 2020 Opinion or Order Filing 39 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 19, 2020 Filing 38 (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 Kief v. Wright Medical Technology Inc, originally filed in the U.S. District Court for the USDC Maine and assigned case number 1:18-cv-00035, 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-00956-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. (jbh)
August 19, 2020 Filing 37 Case electronically transferred in from U.S. District Court, District of Maine; Case Number 1:18-cv-00035. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Filing 36 MDL CERTIFIED TRANSFER ORDER. (jgd) [Transferred from med on 8/19/2020.]
August 7, 2020 Filing 35 MDL TRANSFER ORDER (jwr) [Transferred from med on 8/19/2020.]
August 7, 2020 Filing 34 MINUTE ORDER -- TO THE TRANSFEROR JUDGES/CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time.A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court.You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court.Signed by Clerk of the Panel John W. Nichols on 8/7/2020.Associated Cases: MDL No. 2949 et al. (LH) (jwr) [Transferred from med on 8/19/2020.]
August 3, 2020 Reset Deadlines per ECF Order #33: Status Report due by 9/30/2020. (meh) [Transferred from med on 8/19/2020.]
August 3, 2020 Opinion or Order Filing 33 ORDER - Upon review of the status report (ECF No. 32), the Court orders that the stay shall remain in effect until further order of the Court. The parties shall file a status report on or about September 30, 2020 By MAGISTRATE JUDGE JOHN C. NIVISON. (meh) [Transferred from med on 8/19/2020.]
July 31, 2020 Filing 32 STATUS REPORT Joint Status Report by MILDRED E KIEF. (FITZGERALD, KEVIN) [Transferred from med on 8/19/2020.]
May 1, 2020 Reset Deadlines Per Order #31: Status Report due by 7/31/2020. (meh) [Transferred from med on 8/19/2020.]
May 1, 2020 Opinion or Order Filing 31 ORDER - Upon review of the status report (ECF No. 30), the Court orders that the stay shall remain in effect until further order of the Court. The parties shall file a status report on or about July 31, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (meh) [Transferred from med on 8/19/2020.]
May 1, 2020 Filing 30 STATUS REPORT Joint Status Report by WRIGHT MEDICAL TECHNOLOGY INC. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
March 20, 2020 Opinion or Order Reset Deadlines per General Order 2020-2 issued by Chief Judge Jon D. Levy on 3/18/2020: Status Report due by 5/1/2020. (mlm) [Transferred from med on 8/19/2020.]
January 31, 2020 Set Deadlines Regarding Order on Motion to Stay, : Status Report due by 4/1/2020. (meh) [Transferred from med on 8/19/2020.]
January 31, 2020 Opinion or Order Filing 29 ORDER granting #28 Motion to Stay. Further proceedings and the Scheduling Order deadlines are stayed until further order of the Court. The parties shall file a status report on or about April 1, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from med on 8/19/2020.]
January 31, 2020 Filing 28 Joint MOTION to Stay by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 2/21/2020. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
June 11, 2019 Opinion or Order Filing 27 ORDER granting #26 Motion to Withdraw as Attorney. Attorney O'Neil is withdrawn as counsel. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from med on 8/19/2020.]
June 11, 2019 Filing 26 Unopposed MOTION by Attorney Ryan J. O'Neil to Withdraw as Attorney by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 7/2/2019. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
May 20, 2019 Reset Scheduling Order Deadlines - per Order on Motion to Amend Scheduling Order: Discovery due by 3/9/2020. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 3/16/2020. Motions due by 3/30/2020. Ready for Trial on 6/2/2020. (jwr) [Transferred from med on 8/19/2020.]
May 19, 2019 Opinion or Order Filing 25 ORDER granting #24 Motion to Amend Scheduling Order. Deadline for Plaintiff to designate expert witnesses is extended to November 27, 2019; deadline for Defendant to designate expert witnesses is extended to January 8, 2020; deadline for Plaintiff to serve written settlement demand is extended to January 15, 2020; deadline for Defendant to respond to settlement demand is extended to February 12, 2020; deadline to complete discovery is extended to March 9, 2020; deadline to file notice of intent to file motion for summary judgment is extended to March 16, 2020; deadline to file dispositive motions and Daubert and Kumho motions is extended to March 30, 2020; case shall be ready for trial by June 2, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from med on 8/19/2020.]
May 17, 2019 Filing 24 Joint MOTION to Amend Scheduling Order by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 6/7/2019. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
January 9, 2019 Reset Scheduling Order Deadlines - per Order on Motion to Amend Scheduling Order: Discovery due by 9/9/2019. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 9/16/2019. Motions due by 9/30/2019. Ready for Trial on 12/3/2019. (jwr) [Transferred from med on 8/19/2020.]
January 9, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion to Amend Scheduling Order. Deadline for Plaintiff to designate expert witnesses is extended to May 31, 2019; deadline for Defendant to designate expert witnesses is extended to July 12, 2019; deadline for Plaintiff to serve written settlement demand is extended to July 19, 2019; deadline for Defendant to serve written response to settlement demand is extended to August 16, 2019; deadline to complete discovery is extended to September 9, 2019; deadline to file notice of intent to file motion for summary judgment is extended to September 16, 2019; deadline to file dispositive motions and Daubert and Kumho motions is extended to September 30, 2019; case to be ready for trial by December 3, 2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from med on 8/19/2020.]
January 9, 2019 Filing 22 Joint MOTION to Amend Scheduling Order by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 1/30/2019. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
October 30, 2018 Case Reassigned to JUDGE LANCE E. WALKER. JUDGE D. BROCK HORNBY no longer assigned to the case. (mjlt) [Transferred from med on 8/19/2020.]
June 12, 2018 Reset Scheduling Order Deadlines: Discovery due by 5/10/2019. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/17/2019. Motions due by 5/31/2019. Ready for Trial on 8/6/2019. (MFS) [Transferred from med on 8/19/2020.]
June 12, 2018 Opinion or Order Filing 21 AMENDED SCHEDULING ORDER granting #20 Joint Objection to Scheduling Order: Discovery due by 5/10/2019. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 5/17/2019. Motions due by May 31, 2019. Ready for Trial on 8/6/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) [Transferred from med on 8/19/2020.]
June 6, 2018 Filing 20 Joint Objection to Scheduling Order With Proposed Discovery Plan by WRIGHT MEDICAL TECHNOLOGY INC. (RANDLETT, JOSHUA) Modified on 6/7/2018 to clean up text (jib). [Transferred from med on 8/19/2020.]
June 4, 2018 Filing 19 Defendant's ANSWER to #11 Amended Complaint by WRIGHT MEDICAL TECHNOLOGY INC.(RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
May 22, 2018 Opinion or Order Filing 18 SCHEDULING ORDER: Discovery due by 10/9/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 10/15/2018. Motions due by 10/29/2018. Ready for Trial on 1/8/2019. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) [Transferred from med on 8/19/2020.]
May 21, 2018 Opinion or Order Filing 17 ORDER ON PARTIAL MOTION TO DISMISS FIRST AMENDED COMPLAINT; denying #14 Partial MOTION to Dismiss Plaintiff's First Amended Complaint By JUDGE D. BROCK HORNBY. (mlm) [Transferred from med on 8/19/2020.]
May 17, 2018 Filing 16 Reply in Support of #14 Partial MOTION to Dismiss Plaintiff's First Amended Complaint filed by WRIGHT MEDICAL TECHNOLOGY INC. (RANDLETT, JOSHUA) Modified on 5/17/2018 to clean up text (jib). [Transferred from med on 8/19/2020.]
May 3, 2018 Filing 15 RESPONSE in Opposition re #14 Partial MOTION to Dismiss Plaintiff's First Amended Complaint filed by MILDRED E KIEF. Reply due by 5/17/2018. (POPE, NEAL) [Transferred from med on 8/19/2020.]
April 12, 2018 Filing 14 Partial MOTION to Dismiss Plaintiff's First Amended Complaint by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 5/3/2018. (RANDLETT, JOSHUA) Modified on 4/24/2018 to clean up text (jib). [Transferred from med on 8/19/2020.]
April 6, 2018 Filing 13 AFFIDAVIT of Service by MILDRED E KIEF. WRIGHT MEDICAL TECHNOLOGY INC served on 4/5/2018. (POPE, NEAL) [Transferred from med on 8/19/2020.]
April 4, 2018 Set Answer Deadline for WRIGHT MEDICAL TECHNOLOGY INC: Answer due by 4/12/2018. (jib) [Transferred from med on 8/19/2020.]
April 3, 2018 Opinion or Order Filing 12 ORDER ON MOTION TO DISMISS re #7 Motion to Dismiss for Failure to State a Claim and Motion to Strike By JUDGE D. BROCK HORNBY. (jib) [Transferred from med on 8/19/2020.]
March 29, 2018 Filing 11 AMENDED COMPLAINT Plaintiff's First Amended Complaint against WRIGHT MEDICAL TECHNOLOGY INC, filed by MILDRED E KIEF. (Service of Process Deadline 6/27/2018)(POPE, NEAL) [Transferred from med on 8/19/2020.]
March 14, 2018 Set Deadlines: Attorney RYAN J. O'NEIL and Attorney SEAN K. BURKE shall register for the District of Maine's Electronic Case Filing (ECF) System by 3/19/2018. Registration Forms are available on the Court's website #http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (jib) [Transferred from med on 8/19/2020.]
March 13, 2018 Filing 10 CERTIFICATION for Admission Pro Hac Vice of Sean K. Burke filed by JOSHUA A. RANDLETT on behalf of WRIGHT MEDICAL TECHNOLOGY INC (Total admission fee $ 100 receipt number 0100-1812763.) (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
March 13, 2018 Filing 9 CERTIFICATION for Admission Pro Hac Vice of Ryan J. O'Neil filed by JOSHUA A. RANDLETT on behalf of WRIGHT MEDICAL TECHNOLOGY INC (Total admission fee $ 100 receipt number 0100-1812759.) (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
March 9, 2018 Filing 8 CORPORATE DISCLOSURE STATEMENT by WRIGHT MEDICAL TECHNOLOGY INC. (RANDLETT, JOSHUA) [Transferred from med on 8/19/2020.]
March 9, 2018 Filing 7 MOTION to Dismiss for Failure to State a Claim and to Strike by WRIGHT MEDICAL TECHNOLOGY INC Responses due by 3/30/2018. (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss and to Strike)(RANDLETT, JOSHUA). Added MOTION to Strike on 3/15/2018 (jib). [Transferred from med on 8/19/2020.]
February 20, 2018 Set Answer Deadline for WRIGHT MEDICAL TECHNOLOGY INC : Answer due by 3/9/2018. (jib) [Transferred from med on 8/19/2020.]
February 20, 2018 Filing 6 AFFIDAVIT of Service by MILDRED E KIEF. WRIGHT MEDICAL TECHNOLOGY INC served on 2/16/2018. (POPE, NEAL) [Transferred from med on 8/19/2020.]
January 24, 2018 Set Deadlines : Attorney NEAL KIRKLAND POPE shall register for the District of Maine's Electronic Case Filing (ECF) System by 1/31/2018. Registration Forms are available on the Court's website #http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (ccs) [Transferred from med on 8/19/2020.]
January 24, 2018 Filing 5 NOTICE of Docket Entry Modification regarding #1 Complaint : to correct filing date. (bfa) [Transferred from med on 8/19/2020.]
January 24, 2018 Filing 4 CERTIFICATION for Admission Pro Hac Vice of Neal Kirkland Pope filed by KEVIN M. FITZGERALD on behalf of MILDRED E KIEF (Total admission fee $ 100 receipt number 0100-1793261.) (FITZGERALD, KEVIN) [Transferred from med on 8/19/2020.]
January 24, 2018 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1793249.), filed by MILDRED E KIEF.(FITZGERALD, KEVIN) [Transferred from med on 8/19/2020.]
January 24, 2018 Filing 3 Summons Issued as to WRIGHT MEDICAL TECHNOLOGY INC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) [Transferred from med on 8/19/2020.]
January 23, 2018 Filing 2 CIVIL COVER SHEET. (bfa) [Transferred from med on 8/19/2020.]
January 23, 2018 Filing 1 COMPLAINT against WRIGHT MEDICAL TECHNOLOGY INC with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by MILDRED E KIEF. Fee due by 1/26/2018. (Service of Process Deadline 4/24/2018)(bfa) Modified on 1/24/18 to modify filing date from 1/24/18 to 1/23/18.(bfa) [Transferred from med on 8/19/2020.]

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Defendant: Wright Medical Technology Inc
Represented By: Sean K. Burke
Represented By: Joshua A. Randlett
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Plaintiff: Mildred E Kief
Represented By: N. Kirkland Pope
Represented By: Kevin M. Fitzgerald
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