Sinskey et al v. Wright Medical Technology Inc
| Timothy Sinskey and Marilyn Sinskey |
| Wright Medical Technology Inc |
| 4:2020cv00978 |
| August 19, 2020 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 44 NOTICE of Appearance by Michael O. Fawaz on behalf of Wright Medical Technology Inc (Fawaz, Michael) |
Filing 43
ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (ljb)
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| 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 Sinskey 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 2:20-cv-04749, 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-00978-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) |
| Filing 41 Case electronically transferred in from District of California Central, case number 2:20-cv-04749. Copy of transfer order, case file, and docket sheet received. |
| 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.] |
| Filing 39 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. Pursuant to the Central District of California's Continuity of Operations Plan (COOP) and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds MOTION TO DISMISS FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION #26 ; MOTION TO STAY CASE PENDING PENDING RULING ON MOTION TO TRANSFER #27 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for August 10, 2020 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. The plaintiff is directed to mail notice to the defaulted defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.] |
| Filing 38 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.] |
| Filing 37 NOTICE OF SUPPLEMENTAL AUTHORITY re NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Attachments: #1 Exhibit Order from Judge Klausner)(Pope, Neal) [Transferred from cacd on 8/19/2020.] |
| Filing 36 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 #27 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Attachments: #1 Exhibit Joint Motion to Enter Stipulation to Stay Proceedings, #2 Exhibit Joint Motion To Enter Stipulation To Stay Proceedings, #3 Exhibit Email July 10, 2020 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.] |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 Plaintiffs' Response in Opposition to Defendant's Partial Motion to Dismiss filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Pope, Neal) [Transferred from cacd on 8/19/2020.] |
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Filing 34
ORDER by Judge Michael W. Fitzgerald. The Notice of Plaintiffs' Motion for Leave to File Response to Defendant's Motion for Partial Dismissal #32 filed 7/22/2020 is STRICKEN as improperly filed. The Court ORDERS Plaintiffs to properly e-file their late Opposition to Defendant's Motion to Dismiss #26 by 5:00pm on 7/23/2020. Defendant's Reply, if any, may be filed no later than 7/30/2020. The hearing on the pending Motion to Dismiss #26 and Motion to Stay Case #27 remains set for 8/10/2020 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.]
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| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave #32 . 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 24, 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.] |
| Filing 32 ***STRICKEN*** per 34 NOTICE of Plaintiffs' Motion for Leave to File Response to Defendant's Motion for Partial Dismissal filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Attachments: #1 Memorandum, #2 Exhibit, #3 Proposed Order)(Pope, Neal) Modified on 7/23/2020 (smom). [Transferred from cacd on 8/19/2020.] |
| Filing 31 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.] |
| Filing 30 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #27 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from cacd on 8/19/2020.] |
| Filing 29 Amendment to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #27 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 Marilyn Sinskey, Timothy Sinskey. (Pope, Neal) [Transferred from cacd on 8/19/2020.] |
| Filing 28 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The Court CONTINUES the hearing on Defendant Wright Medical Technology, Inc.'s MOTION TO DISMISS FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION #26 from 8/3/2020 to 8/10/2020 at 10:00am, to be heard with Plaintiffs' Motion to Stay Case #27 . The 8/10/2020 hearing date shall govern the briefing schedule for both Motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY [Transferred from cacd on 8/19/2020.] |
| Filing 27 NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation filed by plaintiff Marilyn Sinskey, Timothy Sinskey. Motion set for hearing on 8/10/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (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.] |
| Filing 26 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 8/3/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (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.] |
| Filing 25 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.] |
| Filing 24 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Timothy Sinskey, Marilyn Sinskey, upon Defendant Wright Medical Technology, Inc. served on 6/9/2020, answer due 6/30/2020. 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.] |
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Filing 23
ORDER by Judge Michael W. Fitzgerald: granting #16 Non-Resident Attorney Michael J. Blakely, Jr. APPLICATION to Appear Pro Hac Vice on behalf of Marilyn Sinskey and Timothy Sinskey, designating Christopher P Yuhl as local counsel. (lom) [Transferred from cacd on 8/19/2020.]
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Filing 22
ORDER by Judge Michael W. Fitzgerald: granting #17 Non-Resident Attorney Neal Kirkland Pope APPLICATION to Appear Pro Hac Vice on behalf of Marilyn Sinskey and Timothy Sinskey, designating Christopher P Yuhl as local counsel. (lom) [Transferred from cacd on 8/19/2020.]
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| 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.] |
| 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.] |
| Filing 19 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636351) #16 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) [Transferred from cacd on 8/19/2020.] |
| Filing 18 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.] |
| Filing 17 Corrected APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636492) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 16 Corrected APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636351) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 15 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #8 , #9 . The following error(s) was found: The case number and/or judge(s) initials are missing. 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.] |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Applications to Appear Pro Hac Vice #10 , #11 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by June 12, 2020. (iv) [Transferred from cacd on 8/19/2020.] |
| Filing 12 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 Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636492) #11 , APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636351) #10 . 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.] |
| Filing 11 **STRICKEN** APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636492) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) Modified on 6/2/2020 Per Response #13 (iv). [Transferred from cacd on 8/19/2020.] |
| Filing 10 **STRICKEN** APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636351) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) Modified on 6/2/2020 Response #13 (iv). [Transferred from cacd on 8/19/2020.] |
| Filing 9 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 8 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Wright Medical Technology, Inc. (lh) [Transferred from cacd on 8/19/2020.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) [Transferred from cacd on 8/19/2020.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Patricia A. Donahue. (lh) [Transferred from cacd on 8/19/2020.] |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-26599819 - Fee: $400, filed by Plaintiffs Timothy Sinskey, Marilyn Sinskey. (Attorney Christopher P Yuhl added to party Marilyn Sinskey(pty:pla), Attorney Christopher P Yuhl added to party Timothy Sinskey(pty:pla))(Yuhl, Christopher) [Transferred from cacd on 8/19/2020.] |
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