Sivilli v. Wright Medical Technology Inc et al
Plaintiff: Victor Sivilli
Defendant: Wright Medical Technology Inc and Does 1-20
Case Number: 4:2020cv00973
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: 28:1332
Jury Demanded By: Both
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 38 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 19, 2020 Filing 37 (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 Sivilli 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-02162, 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-00973-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 36 Case electronically transferred in from District of California Southern, case number 3:18-cv-02162. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Filing 35 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.]
July 17, 2020 Filing 34 Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: The ENE and CMC on 8/31/2020 at 9:30 a.m. are vacated.(no document attached) (kxb) [Transferred from casd on 8/19/2020.]
July 16, 2020 Opinion or Order Filing 33 ORDER Granting Joint Motion to Enter Stipulation to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation. Case stayed 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 7/16/2020. (jrm) [Transferred from casd on 8/19/2020.]
July 14, 2020 Filing 32 Joint MOTION to Stay re #31 Notice and Order for Early Neutral Evaluation conference, 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 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Proof of Service)(Hickson, Janet) (jrm). [Transferred from casd on 8/19/2020.]
July 10, 2020 Opinion or Order Filing 31 NOTICE AND ORDER Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 8/31/2020 09:30 AM before Magistrate Judge Daniel E. Butcher. Joint Discovery Plan due 8/24/2020. Signed by Magistrate Judge Daniel E. Butcher on 7/9/2020.(jrm) [Transferred from casd on 8/19/2020.]
July 2, 2020 Filing 30 ANSWER to #28 Amended Complaint ; Demand for Jury Trial by Wright Medical Technology, Inc.. (Attachments: #1 Proof of Service)(Montenegro, Mayela)(jrm). [Transferred from casd on 8/19/2020.]
June 29, 2020 Opinion or Order Filing 29 ORDER OF TRANSFER. Magistrate Judge Jill L. Burkhardt is no longer assigned. Case reassigned to Magistrate Judge Daniel E. Butcher for all further proceedings. All settlement conference dates set before Judge Burkhardt, if any, shall be transferred to the calendar of Judge Butcher. All other dates and deadlines, if any, remain unchanged. The new case number is 3:18-cv-02162-AJB-DEB. Signed by Magistrate Judge Jill L. Burkhardt on 6/29/2020.(jrm) [Transferred from casd on 8/19/2020.]
June 19, 2020 Filing 28 AMENDED COMPLAINT with Jury Demand SECOND Amended Complaint with Jury Demand against Does 1-20, Wright Medical Technology, Inc., filed by Victor Sivilli. (Cleofe, Cherisse Heidi) (jrm). [Transferred from casd on 8/19/2020.]
May 29, 2020 Opinion or Order Filing 27 ORDER: (1) Granting in part and denying in part Defendants' Motion to Strike; and (2) Granting in Part and Denying in Part Defendants' Motion to Dismiss (Doc. No. #20 ). The Court grants in part and denies in part Defendants' motion to strike, dismisses Defendant Microport from the action, and denies Defendants' motion to dismiss Plaintiff's negligent misrepresentation claim against Wright Medical. Plaintiff must file an amended complaint consistent with the instructions provided herein within 21 days from the date this order is filed. Signed by Judge Anthony J. Battaglia on 5/29/2020. (jrm) [Transferred from casd on 8/19/2020.]
December 12, 2019 Filing 26 Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 12/12/2019 re #20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss filed by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc. Motion taken under submission. Written order to follow. (Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney Cherisse Heidi Alcantara Cleofe).(Defendant Attorney Mayela Montenegro). (no document attached) (lrf) [Transferred from casd on 8/19/2020.]
November 14, 2019 Opinion or Order Filing 25 ORDER granting #24 Motion to have oral argument. The Court grants the parties request for oral argument at the 12/12/19 hearing. (no document attached) (sc) [Transferred from casd on 8/19/2020.]
November 14, 2019 Filing 24 Joint MOTION Request for oral argument re #20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss, #22 Response in Opposition to Motion, #23 Reply to Response to Motion, by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc.. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
October 1, 2019 Filing 23 REPLY to Response to Motion re #20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss filed by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc.. (Attachments: #1 Declaration of Mayela C. Montenegro, #2 Exhibit A, #3 Memo of Points and Authorities B, #4 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
September 24, 2019 Filing 22 RESPONSE in Opposition re #20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss filed by Victor Sivilli. (Attachments: #1 Declaration of Cherisse Heidi A. Cleofe In Support Of Plaintiffs Opposition to Defendants Wright Medical Technology, Inc.s and MicroPort Orthopedics, Inc.s Motion to Strike and Motion to Dismiss Plaintiffs First Amended Complaint)(Cleofe, Cherisse Heidi)(jrm). [Transferred from casd on 8/19/2020.]
September 10, 2019 Opinion or Order Filing 21 ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss : Responses due by 9/24/2019, Replies due by 10/1/2019, sur-replies will not be accepted. Motion hearing scheduled for 12/12/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc) [Transferred from casd on 8/19/2020.]
September 9, 2019 Filing 20 MOTION to Strike Document #19 Amended Complaint and Motion to Dismiss by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Montenegro, Mayela) (jrm). [Transferred from casd on 8/19/2020.]
August 26, 2019 Filing 19 AMENDED COMPLAINT with Jury Demand against Does 1-20, MicroPort Orthopedics, Inc., Wright Medical Technology, Inc., filed by Victor Sivilli. (Cleofe, Cherisse Heidi) (jrm). [Transferred from casd on 8/19/2020.]
August 13, 2019 Opinion or Order Filing 18 ORDER granting in part and denying in part Defendants' Motion to Dismiss (Doc. No. #3 ). Signed by Judge Anthony J. Battaglia on 8/12/2019. (jrm) (jao). [Transferred from casd on 8/19/2020.]
June 24, 2019 Opinion or Order Filing 17 ORDER granting #4 Wright Medical Group, Inc,'s Motion to Dismiss. Signed by Judge Anthony J. Battaglia on 6/24/2019. (jrm) (jao). [Transferred from casd on 8/19/2020.]
November 15, 2018 Filing 16 Minute Order for proceedings held before Judge Anthony J. Battaglia: Motion Hearing held on 11/15/2018 re [3-1] MOTION to Dismiss filed by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc., [4-1] MOTION to Dismiss filed by Wright Medical Group, Inc.. Court takes matters under submission and will issue order. Submitting [3-1] Motion to Dismiss; Submitting [4-1] Motion to Dismiss. (Court Reporter/ECR Jeannette Hill). (Plaintiff Attorney Cherisse Heidi Alcantara Cleofe).(Defendant Attorney Mayela C. Montenegro). (no document attached) (ymm) [Transferred from casd on 8/19/2020.]
November 9, 2018 Opinion or Order Filing 15 ORDER BY JUDGE BATTAGLIA: Granting #14 The parties' joint motion for oral argument on Defendants' Motions to Dismiss. (no document attached) (sc) [Transferred from casd on 8/19/2020.]
November 7, 2018 Filing 14 Joint MOTION for Hearing on Defendants' Motions to Dismiss set for 11/15/2018 by MicroPort Orthopedics, Inc., Wright Medical Group, Inc., Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
October 16, 2018 Filing 13 REPLY to Response to Motion re #4 MOTION to Dismiss filed by Wright Medical Group, Inc. (Attachments: #1 Proof of Service, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
October 16, 2018 Filing 12 REPLY to Response to Motion re #3 MOTION to Dismiss filed by MicroPort Orthopedics, Inc., Wright Medical Group, Inc., Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
October 9, 2018 Filing 11 RESPONSE in Opposition re #4 MOTION to Dismiss PLAINTIFFS OPPOSITION TO DEFENDANT WRIGHT MEDICAL GROUP, INC.S MOTION TO DISMISS filed by Victor Sivilli. (Attachments: #1 Declaration of Cherisse Heidi A. Cleofe In Support Thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Cleofe, Cherisse Heidi) (acc). [Transferred from casd on 8/19/2020.]
October 9, 2018 Filing 10 RESPONSE in Opposition re #3 MOTION to Dismiss PLAINTIFFS OPPOSITION TO DEFENDANTS WRIGHT MEDICAL TECHNOLOGY, INC. AND MICROPORT ORTHOPEDICS, INC.S MOTION TO DISMISS filed by Victor Sivilli. (Cleofe, Cherisse Heidi) (acc). [Transferred from casd on 8/19/2020.]
October 4, 2018 Filing 9 NOTICE of Appearance by Mayela C. Montenegro on behalf of MicroPort Orthopedics, Inc., Wright Medical Group, Inc., Wright Medical Technology, Inc. (Attachments: #1 Proof of Service)(Montenegro, Mayela)Attorney Mayela C. Montenegro added to party MicroPort Orthopedics, Inc.(pty:dft), Attorney Mayela C. Montenegro added to party Wright Medical Group, Inc.(pty:dft), Attorney Mayela C. Montenegro added to party Wright Medical Technology, Inc.(pty:dft)(acc). [Transferred from casd on 8/19/2020.]
September 28, 2018 Filing 8 CERTIFICATE OF SERVICE by MicroPort Orthopedics, Inc., Wright Medical Group, Inc., Wright Medical Technology, Inc. re #1 Notice of Removal Notice to Clerk and Adverse Party (Montenegro, Mayela) (acc). [Transferred from casd on 8/19/2020.]
September 26, 2018 Filing 7 NOTICE of Appearance by Jeffrey A Koncius on behalf of Victor Sivilli (Koncius, Jeffrey)Attorney Jeffrey A Koncius added to party Victor Sivilli(pty:pla) (acc). [Transferred from casd on 8/19/2020.]
September 26, 2018 Filing 6 NOTICE of Appearance by Paul Robert Kiesel on behalf of Victor Sivilli (Kiesel, Paul)Attorney Paul Robert Kiesel added to party Victor Sivilli(pty:pla) (acc). [Transferred from casd on 8/19/2020.]
September 24, 2018 Opinion or Order Filing 5 ORDER Setting Briefing Schedule re #4 MOTION to Dismiss , #3 MOTION to Dismiss : Responses due by 10/9/2018; Replies due by 10/16/2018; sur-replies will not be accepted. Motion hearing scheduled for 11/15/18 at 2:00 p.m. in Courtroom 4A.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) [Transferred from casd on 8/19/2020.]
September 24, 2018 Filing 4 MOTION to Dismiss by Wright Medical Group, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Janet L. Hickson, #3 Exhibit Ex. A to HIckson Decl., #4 Proof of Service)(Hickson, Janet) (acc). [Transferred from casd on 8/19/2020.]
September 24, 2018 Filing 3 MOTION to Dismiss by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Hickson, Janet) (acc). [Transferred from casd on 8/19/2020.]
September 17, 2018 Filing 2 Corporate Disclosure Statement by Wright Medical Group, Inc., Wright Medical Technology, Inc.. No Corporate Parents/Interested Parties. (lrc) (jao). [Transferred from casd on 8/19/2020.]
September 17, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of the State of California for the County of San Diego, case number 37-2018-00038527-CU-PL-CTL. ( Filing fee $ 400 receipt number 0974-11685034.), filed by MicroPort Orthopedics, Inc., Wright Medical Technology, Inc., Wright Medical Group, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-1 Summons served on Wright Medical Technology, Inc., #3 Exhibit A-2 Complaint served on Wright Medical Technology, Inc., #4 Exhibit A-3 Civil Case Cover Sheet, #5 Exhibit A-4 Notice of Case Assignment and Case Management Conference, #6 Exhibit A-5 Notice of Eligibility to efile and Assignment to Imaging Department, #7 Exhibit A-6 Alternative Dispute Resolution Information, #8 Exhibit B-1 Summons served on Wright Medical Group, Inc., #9 Exhibit B-2 Complaint served on Wright Medical Group, #10 Exhibit B-3 Civil Case Cover Sheet, #11 Exhibit B-4 Notice of Case Assignment and Case Management Conference, #12 Exhibit B-5 Notice of Eligibility to eFile and Assignment to Imaging Deparment, #13 Exhibit B-6 Alternative Dispute Resolution Information, #14 Exhibit C - Proof of Service of Summons pertaining to MicroPort Orthopedics, Inc, #15 Declaration of Janet L. Hickson, # 16 Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1, #17 Proof of Service)The new case number is 3:18-cv-2162-AJB-JLB. Judge Anthony J. Battaglia and Magistrate Judge Jill L. Burkhardt are assigned to the case.(lrc) (jao). [Transferred from casd on 8/19/2020.]

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Defendant: Wright Medical Technology Inc
Represented By: Mayela C. Montenegro-Urch
Represented By: Janet L. Hickson
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Defendant: Does 1-20
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Plaintiff: Victor Sivilli
Represented By: Paul Robert Kiesel
Represented By: Jeffrey A. Koncius
Represented By: Cherisse Heidi Alcantara Cleofe
Represented By: Cherisse Heidi A. Cleofe
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