Groenendyk et al v. Wright Medical Technology Inc
Plaintiff: Arie Groenendyk and Marva Groenendyk
Defendant: Wright Medical Technology Inc
Case Number: 4:2020cv00977
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 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Filing 46 NOTICE of Appearance by Michael O. Fawaz on behalf of Wright Medical Technology Inc (Fawaz, Michael)
September 9, 2020 Opinion or Order Filing 45 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (ljb)
September 8, 2020 NOTICE OF DOCKET CORRECTION re #44 Answer. CORRECTION: The docket text was modified to establish linkage to #39 First Amended Complaint. (jak)
September 8, 2020 Filing 44 ANSWER to #39 First Amended Complaint with Jury Demand and Affirmative Defenses by Wright Medical Technology Inc.(Van Dyke, David)(Docket text modified on 9/8/2020 to establish linkage) (jak)
September 4, 2020 Filing 43 MOTION to Stay by Wright Medical Technology Inc (Van Dyke, David)
August 19, 2020 Filing 42 (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 Groenendyk et al v. Wright Medical Technology Inc, originally filed in the U.S. District Court for the Central District of California and assigned case number 5:20-cv-01097, 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-00977-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 41 Case electronically transferred in from District of California Central, case number 5:20-cv-01097. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Filing 40 Conditional Transfer Order - 1 from the United States Judicial Panel on Multidistrict Litigation, MDL 2949, transferring case to USDC, Eastern District of Arkansas and assigned to Honorable Kristine G. Baker. Case transferred electronically. (MD JS-6. Case Terminated.) (iv) [Transferred from cacd on 8/19/2020.]
August 18, 2020 Filing 39 First AMENDED COMPLAINT against Defendant Wright Medical Technology, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs Arie Groenendyk, Marva Groenendyk(Blakely, Michael) [Transferred from cacd on 8/19/2020.]
August 17, 2020 Opinion or Order Filing 38 ORDER by Judge Fernando M. Olguin. Defendant's Motion for Partial Dismissal Pursuant to Federal Rule of Civil Procedure 12(b)(6) #24 is granted. If plaintiffs still wish to pursue this action, they are granted until August 24, 2020, to file a First Amended Complaint. (iv) [Transferred from cacd on 8/19/2020.]
August 13, 2020 Opinion or Order Filing 37 TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Fernando M. Olguin. Plaintiffs' Motion for Leave to File a Response to Defendant's Motion for Partial Dismissal #30 is stricken for failure to comply with L.R. 7-3. (vv) [Transferred from cacd on 8/19/2020.]
July 31, 2020 Filing 36 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Stay #26 is taken off the 8/6/2020 calendar and placed under submission. No appearances are required on 8/6/2020. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.]
July 30, 2020 Filing 35 OPPOSITION to MOTION for Leave #30 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.]
July 28, 2020 Filing 34 NOTICE OF SUPPLEMENTAL AUTHORITY re NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #24 filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Attachments: #1 Exhibit Order from Judge Klausner)(Pope, Neal) [Transferred from cacd on 8/19/2020.]
July 27, 2020 Filing 33 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #24 is taken off the 7/30/2020 calendar and placed under submission. No appearances are required on 7/30/2020. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.]
July 23, 2020 Filing 32 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #26 filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Attachments: #1 Exhibit Joint Motion To Enter Stipulation To Stay Proceedings, #2 Exhibit Joint Motion To Enter Stipulation To Stay Proceedings, #3 Exhibit Email Correspondence Between Counsel For Defendant And Counsel For Plaintiffs, #4 Exhibit Email June 4, 2020 Email Correspondence Between Counsel For Defendant And Counsel For Plaintiffs)(Pope, Neal) [Transferred from cacd on 8/19/2020.]
July 23, 2020 Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave #30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests. Filer used incorrect event therefore did not properly set the Motion for hearing, however pleading shows a date of August 20, 2020 at 10:00 a.m. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) [Transferred from cacd on 8/19/2020.]
July 22, 2020 Filing 30 ***STRICKEN REFER TO DOCUMENT NUMBER 37*** *CORRECTED BY CLERK* Plaintiffs' Motion for Leave to File Response to Defendant's Motion for Partial Dismissal filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. Motion set for hearing on 8/20/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum, #2 Exhibit, #3 Proposed Order)(Pope, Neal) Modified on 7/23/2020 (vdr). Modified on 8/13/2020 (vv). [Transferred from cacd on 8/19/2020.]
July 21, 2020 Filing 29 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #24 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.]
July 16, 2020 Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #26 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.]
July 9, 2020 Filing 27 Amendment to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #26 Plaintiffs' Notice of Scrivener's Errors and Amended Motion to Stay Pending Ruling on Motion to Transfer by Judicial Panel on MultiDistrict Litigation filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Pope, Neal) [Transferred from cacd on 8/19/2020.]
July 8, 2020 Filing 26 NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation filed by plaintiff Arie Groenendyk, Marva Groenendyk. Motion set for hearing on 8/6/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum Motion to Stay, #2 Exhibit Exhibits 1-14, #3 Proposed Order Proposed Order) (Pope, Neal) [Transferred from cacd on 8/19/2020.]
July 6, 2020 Opinion or Order Filing 25 ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 9/24/2020 at 10:00 AM before Judge Fernando M. Olguin. (vdr) [Transferred from cacd on 8/19/2020.]
July 2, 2020 Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action filed by Defendant Wright Medical Technology, Inc.. Motion set for hearing on 7/30/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A to Points and Authorities, #3 Proposed Order, #4 Proof of Service) (Van Dyke, David) [Transferred from cacd on 8/19/2020.]
June 26, 2020 Filing 23 STIPULATION Extending Time to Answer the complaint as to Wright Medical Technology, Inc. answer now due 7/2/2020, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Wright Medical Technology, Inc..(Van Dyke, David) [Transferred from cacd on 8/19/2020.]
June 15, 2020 Filing 22 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Arie Groenendyk, Marva Groenendyk, upon Defendant Wright Medical Technology, Inc. served on 6/5/2020, answer due 6/26/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Pope, Neal) [Transferred from cacd on 8/19/2020.]
June 12, 2020 Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Defendant Wright Medical Technology, Inc. identifying Wright Medical Group, Inc. as Corporate Parent. (Attachments: #1 Exhibit A)(Van Dyke, David) [Transferred from cacd on 8/19/2020.]
June 12, 2020 Filing 20 NOTICE of Appearance filed by attorney David C Van Dyke on behalf of Defendant Wright Medical Technology, Inc. (Attorney David C Van Dyke added to party Wright Medical Technology, Inc.(pty:dft))(Van Dyke, David) [Transferred from cacd on 8/19/2020.]
June 3, 2020 Filing 17 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Wright Medical Technology, Inc. (iv) [Transferred from cacd on 8/19/2020.]
June 2, 2020 Opinion or Order Filing 19 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE GRANTING by Judge Fernando M. Olguin: GRANTING #11 Non-Resident Attorney Michael J. Blakely, Jr. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk and for Marva Groenendyk, designating Christopher Yuhl as local counsel. (Thrasher, Lupe) [Transferred from cacd on 8/19/2020.]
June 2, 2020 Opinion or Order Filing 18 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #12 Non-Resident Attorney Neal Kirkland Pope APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk and for Marva Groenendyk, designating Christopher Yuhl as local counsel. (Thrasher, Lupe) [Transferred from cacd on 8/19/2020.]
June 2, 2020 Filing 16 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.]
June 2, 2020 Filing 15 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening), #1 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
June 2, 2020 Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #10 . The following error(s) was found: The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) [Transferred from cacd on 8/19/2020.]
June 1, 2020 Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk, Marva Groenendyk (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636298) #12 , APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk, Marva Groenendyk (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636249) #11 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) [Transferred from cacd on 8/19/2020.]
June 1, 2020 Filing 12 APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk, Marva Groenendyk (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636298) filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
June 1, 2020 Filing 11 APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Arie Groenendyk, Marva Groenendyk (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636249) filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
June 1, 2020 Filing 10 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening), #1 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael J. Blakely, Jr.. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney N. Kirkland Pope. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Wright Medical Technology, Inc. (esa) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 5 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Kenly Kiya Kato. (esa) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]
May 28, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-26600643 - Fee: $400, filed by Plaintiffs Arie Groenendyk, Marva Groenendyk. (Attorney Christopher P Yuhl added to party Arie Groenendyk(pty:pla), Attorney Christopher P Yuhl added to party Marva Groenendyk(pty:pla))(Yuhl, Christopher) [Transferred from cacd on 8/19/2020.]

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Search for this case: Groenendyk et al v. Wright Medical Technology Inc
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Defendant: Wright Medical Technology Inc
Represented By: David C. Van Dyke
Represented By: Michael O. Fawaz
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Plaintiff: Arie Groenendyk
Represented By: Michael J. Blakely, Jr.
Represented By: Christopher Paul Yuhl
Represented By: N. Kirkland Pope
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Plaintiff: Marva Groenendyk
Represented By: Michael J. Blakely, Jr.
Represented By: Christopher Paul Yuhl
Represented By: N. Kirkland Pope
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