Casey v. Wright Medical Technology Inc et al
Plaintiff: Theresa I Casey
Defendant: Wright Medical Technology Inc and Does named as John Does IX; Jane Does IX; ABC Corporation I-X; Def Limited Liability Company I-X; and XYZ Partnership or LLP, I-X
Case Number: 4:2020cv00958
Filed: August 19, 2020
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Kristine G Baker
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2020 Filing 32 MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Ash, Dana)
September 18, 2020 Filing 31 NOTICE of Appearance by Dana J. Ash on behalf of Wright Medical Technology Inc (Ash, Dana)
September 9, 2020 Opinion or Order Filing 30 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 19, 2020 Filing 29 (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 Casey v. Wright Medical Technology Incorporated et al, originally filed in the U.S. District Court for the USDC Arizona and assigned case number 2:19-cv-05360, 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-00958-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 28 Case electronically transferred in from U.S. District Court, District of Arizona; Case Number 2:19-cv-05360. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Remark: Case Transferred to the Eastern District of Arkansas via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 8/19/2020.]
August 18, 2020 Filing 27 CERTIFIED MDL TRANSFER ORDER - Transferring Case to the Eastern District of Arkansas Re MDL-2949. (MAP) [Transferred from azd on 8/19/2020.]
June 8, 2020 Filing 26 NOTICE of Service of Discovery filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
June 4, 2020 Opinion or Order Filing 25 ORDER: The Court does not prejudge that an MDL motion will be granted. The case schedule does not have any proximate deadlines. Moreover, no discovery that might be done in this case will be wasted. It will all be needed eventually. IT IS THEREFORE ORDERED that the joint Stipulation to Stay (Doc. #24 ) is denied. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) [Transferred from azd on 8/19/2020.]
June 3, 2020 Filing 24 STIPULATION to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation by Wright Medical Technology Incorporated. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Text of Proposed Order Proposed Order)(Alexander, Donn) [Transferred from azd on 8/19/2020.]
April 10, 2020 Opinion or Order Filing 23 CASE MANAGEMENT ORDER: Discovery due by 1/8/2021. Dispositive motions due by 5/28/2021. Pre-motion conference letters due by 5/14/2021. See attached Order for details. Signed by Senior Judge Neil V Wake on 4/10/2020. (KFZ) [Transferred from azd on 8/19/2020.]
April 9, 2020 Opinion or Order Filing 22 ORDER: The Court has received and considered the parties' Joint Case Management Report (Doc. #21 ) and will issue a Case Management Order. IT IS ORDERED vacating the Rule 16 Case Management Conference, presently set for 4/15/2020 at 1:30 p.m. before Senior U. S. District Judge Neil V. Wake. (vg)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) [Transferred from azd on 8/19/2020.]
April 8, 2020 Filing 21 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Defendant Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
April 7, 2020 Opinion or Order Filing 20 ORDER granting #19 Stipulation for Entry of Protective Order. See document for complete details. Signed by Senior Judge Neil V Wake on 4/7/2020. (MSA) [Transferred from azd on 8/19/2020.]
April 6, 2020 Filing 19 STIPULATION for Entry of Protective Order by Wright Medical Technology Incorporated. (Attachments: #1 Exhibit)(Alexander, Donn) [Transferred from azd on 8/19/2020.]
March 13, 2020 Filing 18 *ANSWER to #7 Amended Complaint with Jury Demand by Wright Medical Technology Incorporated.(Alexander, Donn) *Modified on 3/16/2020 to remove terminated filer (MSA). [Transferred from azd on 8/19/2020.]
March 2, 2020 Opinion or Order Filing 17 ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 4/15/2020 at 01:30 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Neil V Wake. See document for complete details. Signed by Senior Judge Neil V Wake on 3/2/20. (EJA) [Transferred from azd on 8/19/2020.]
February 13, 2020 Opinion or Order Filing 16 ORDER - IT IS THEREFORE ORDERED that Defendant Wright Medical Technology, Inc.'s Partial Motion to Dismiss (Doc. #11 ) is granted in part and denied in part. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's negligent misrepresentation claim is dismissed, with leave to amend by February 28, 2020. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's prayer for punitive damages is dismissed, with prejudice. Signed by Senior Judge Neil V Wake on 2/13/2020. (WLP) [Transferred from azd on 8/19/2020.]
November 22, 2019 Filing 15 REPLY to Response to Motion re: #11 MOTION to Dismiss for Failure to State a Claim filed by Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
November 19, 2019 Filing 14 RESPONSE in Opposition re: #11 MOTION to Dismiss for Failure to State a Claim filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
November 15, 2019 Filing 13 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
November 14, 2019 Filing 12 NOTICE of Service of Discovery filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
October 30, 2019 Filing 11 *MOTION to Dismiss for Failure to State a Claim by Wright Medical Group Incorporated. (Alexander, Donn) *Modified to correct event type on 10/30/2019 (EJA). [Transferred from azd on 8/19/2020.]
October 24, 2019 Remark: Pro hac vice motion(s) granted for Janet Lynn Hickson on behalf of Defendant Wright Medical Technology Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/19/2020.]
October 22, 2019 Remark: Pro hac vice motion(s) granted for Claire Martha Hillman and Scott W Sayler on behalf of Defendant Wright Medical Technology Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/19/2020.]
October 22, 2019 Opinion or Order Filing 10 ORDER pursuant to General Order 09-08 terminating #9 Motion for Admission Pro Hac Vice. Attorney notified to refile in master case and pay filing fee. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 8/19/2020.]
October 22, 2019 Filing 9 MOTION for Admission Pro Hac Vice as to attorney Scott W. Sayler by Wright Medical Technology Incorporated. (Attachments: #1 Exhibit Good Standing)(Sayler, Scott) [Transferred from azd on 8/19/2020.]
October 17, 2019 Filing 8 NOTICE TO FILER OF DEFICIENCY re: #7 Amended Complaint filed by Theresa I Casey. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) [Transferred from azd on 8/19/2020.]
October 16, 2019 Filing 7 AMENDED COMPLAINT against Wright Medical Technology Incorporated filed by Theresa I Casey. (Attachments: #1 Part 2, #2 Part 3)(Casey, Timothy) [Transferred from azd on 8/19/2020.]
October 10, 2019 Opinion or Order Filing 6 ORDER - Motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. FURTHER ORDERED that Plaintiff serve a copy of this Order upon any Defendant who has not yet appeared and file notice of service. See document for complete details. Signed by Senior Judge Neil V Wake on 10/10/2019. (RMV) [Transferred from azd on 8/19/2020.]
October 10, 2019 Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Wright Medical Group Incorporated. (ARC) [Transferred from azd on 8/19/2020.]
October 10, 2019 Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) [Transferred from azd on 8/19/2020.]
October 9, 2019 Filing 3 Filing fee paid, receipt number 0970-17502309. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV-19-5360-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) [Transferred from azd on 8/19/2020.]
October 9, 2019 ***STATE COURT RECORDS RECEIVED** SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Wright Medical Technology Incorporated, Wright Medical Group Incorporated on 9/19/2019.(original filed in Maricopa County Superior Court on 9/23/2019) (ARC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from azd on 8/19/2020.]
October 9, 2019 Filing 2 Corporate Disclosure Statement by Wright Medical Technology Incorporated. (Alexander, Donn) (ARC) [Transferred from azd on 8/19/2020.]
October 9, 2019 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-012809. Filing fee received: $ 400.00, receipt number 0970-17502309 filed by Wright Medical Technology Incorporated. (Alexander, Donn) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(ARC) [Transferred from azd on 8/19/2020.]

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Plaintiff: Theresa I Casey
Represented By: Timothy James Casey
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Defendant: Wright Medical Technology Inc
Represented By: Claire Martha Hillman
Represented By: Janet L. Hickson
Represented By: Scott W. Sayler
Represented By: Donn Christopher Alexander
Represented By: Dana J. Ash
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Defendant: Does named as John Does IX; Jane Does IX; ABC Corporation I-X; Def Limited Liability Company I-X; and XYZ Partnership or LLP, I-X
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