Marshall et al v. Wright Medical Technology Inc
| Terri K Marshall and Randall B Marshall |
| Wright Medical Technology Inc |
| 4:2020cv00992 |
| August 20, 2020 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 35 MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Burke, Sean) |
Filing 34
ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
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| Filing 33 MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Attachments: #1 Document Proposed Order re Motion and Notice to Withdraw)(Biscan, Matthew) |
| Filing 32 (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 Marshall et al v. Wright Medical Technology Inc, originally filed in the U.S. District Court of Colorado and assigned case number 1:19-cv-01883, 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-00992-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 8/21/2020. (cmn) |
| Filing 31 Case electronically transferred in from District of Colorado, case number 1:19-cv-01883. Copy of transfer order, case file, and docket sheet received. |
| Filing 30 CERTIFIED COPY OF TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring from the District of Colorado, 19-cv-01883 CMA-SKC, to the Eastern District of Arkansas, to become part of MDL 2949, by Clerk on 8/14/2020. (evana, ) [Transferred from cod on 8/20/2020.] |
| Filing 29 Joint STATUS REPORT Regarding Outcome of Motion to Transfer Filed With Judicial Panel on Multidistrict Litigation Civil Docket: MDL No. 2949 by Defendant Wright Medical Technology, Inc.. (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
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Filing 28
ORDER Granting #27 The Joint Stipulated Motion to Stay This action is STAYED pending resolution of the Motion to Transfer all cases involving the Profemur Modular Hips Implant Stem to the Eastern District of Arkansas, Civil Docket: MDL No. 2949; The parties shall file a joint notice informing the Court of the outcome of the MDL Motion within 7 days after the order is entered. If an order has not been entered by November 1, 2020, the parties shall file quarterly status updates beginning on that date; If the Motion to Transfer pending with the MDL is denied, the parties shall submit a revised Scheduling Order within fourteen (14) days of the MDLs Ruling; and Any other deadlines in this action are hereby vacated, unless superseded by further order of this Court, by Judge Christine M. Arguello on 7/22/2020.(evana, ) [Transferred from cod on 8/20/2020.]
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| Filing 27 Joint MOTION to Stay Pending Outcome of Motion to Transfer Filed With Judicial Panel on Multidistrict Litigation Civil Docket MDL No. 2949 by Defendant Wright Medical Technology, Inc.. (Attachments: #1 Exhibit MDL Filings, #2 Exhibit Sharif Order, #3 Exhibit Lopez Order, #4 Exhibit Burdolski Order, #5 Exhibit Buchanan Order, #6 Exhibit Bradshaw Order, #7 Exhibit Hill Order, #8 Exhibit Safir Order, #9 Exhibit Evans Order, #10 Exhibit Burningham Order, #11 Exhibit Hofer Order, #12 Proposed Order (PDF Only))(Gruner, Anne) [Transferred from cod on 8/20/2020.] |
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Filing 26
ORDER DENYING WITHOUT PREJUDICE #24 Motion for Extension of Time to File. The Motion seeks a four-month extension of time for all remaining pre-trial deadlines, the earliest of which is August 17, 2020, approximately 120 days from the date the Motion was filed. The Parties have been diligent in their discovery efforts thus far; however, the Motion lacks sufficient good cause to extend all deadlines at this time. Unquestionably, the COVID-19 pandemic has affected all litigation and forced parties to alter they way they conduct discovery. Here, though, the Parties provide only one concrete example of a delay attributable to COVID-19 -- Plaintiffs' written discovery responses. While they make a vague assertions of medical providers being delayed in response to requests for medical records, the Motion does not state how long responses are delayed or when they are expected. The need for medical records in a personal injury case such as this is apparent and, certainly, the medical provider's longer-than-usual response times are to be expected as they prioritize the demands of a global pandemic. Yet, at this stage in the litigation the Court is reluctant to extend a deadline that is still four months away, without some indication to the length of the expected delay. To the extent the Motion asserts that COVID-19 will affect the parties ability to take live depositions, Federal Rule of Civil Procedure 30(b)(5)(A) allows the parties to stipulate to remote depositions. When read in conjunction with Rule 1 it would seem, to this Court, the Parties should stipulate to an alternative deposition format in light of the various stay-at-home orders currently in place across the country. In sum, the Court appreciates the Parties' initiative, but finds insufficient good cause, at this time, for the requested modifications to the Scheduling Order. Accordingly, IT IS ORDERED that the Motion is DENIED without prejudice. SO ORDERED by Magistrate Judge S. Kato Crews on 4/21/2020. Text Only Entry (skclc2) [Transferred from cod on 8/20/2020.]
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| Filing 25 MEMORANDUM regarding the parties' #24 Joint Motion for Extension of Deadlines. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 4/20/2020. Text Only Entry (cmalc1) [Transferred from cod on 8/20/2020.] |
| Filing 24 Joint MOTION for Extension of Time to Extend Deadlines by Defendant Wright Medical Technology, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Gruner, Anne) [Transferred from cod on 8/20/2020.] |
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Filing 23
MINUTE ORDER Setting Second Status Report Deadline. The Court has reviewed the Status Report [#22 ] filed by the Parties. A Second Status Report is due 7/24/2020. This Second Status Report shall update the Court on the following: (1) the Parties' activities in discovery; (2) any pending matters awaiting Court resolution; (3) whether the Parties plan on filing motions for summary judgment; and (4) the status of settlement negotiations. SO ORDERED by Magistrate Judge S. Kato Crews on 4/16/2020. Text Only Entry (skclc2) [Transferred from cod on 8/20/2020.]
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| Filing 22 Joint STATUS REPORT Regarding Status of Discovery by Defendant Wright Medical Technology, Inc.. (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
| Filing 21 NOTICE of Entry of Appearance by Sarah Ann Wolter on behalf of Randall B. Marshall, Terri K. MarshallAttorney Sarah Ann Wolter added to party Randall B. Marshall(pty:pla), Attorney Sarah Ann Wolter added to party Terri K. Marshall(pty:pla) (Wolter, Sarah) [Transferred from cod on 8/20/2020.] |
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Filing 20
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 1/23/2020. (amont, ) (amont, ). [Transferred from cod on 8/20/2020.]
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| Filing 19 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 1/23/2020. Discovery due by 10/19/2020. Dispositive Motions due by 11/18/2020. Joint Status Report due by 4/7/2020. Telephone Final Pretrial Conference set for 1/20/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. Counsel participating in the conference shall jointly call the Court (303.335.2124) at the scheduled time. FTR: Courtroom C-201. (amont, ) [Transferred from cod on 8/20/2020.] |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 1/23/2020. Text Only Entry (cmalc1) [Transferred from cod on 8/20/2020.]
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| Filing 17 CASE REASSIGNED pursuant to #14 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 19-cv-01883-CMA. (Text Only Entry) (jgonz, ) [Transferred from cod on 8/20/2020.] |
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Filing 16
ORDER GRANTING #13 Motion for Leave to Appear Telephonically. For good cause shown, the Motion is GRANTED. Accordingly, Attorney Anne Gruner may appear at the Rule 16(b) Scheduling Conference by telephone. She shall call Chambers (303-335-2124) at the time of the Conference.The Court notes that futures requests to appear before Magistrate Judge Crews by telephone may be made by calling Chambers. As always, counsel shall not contact Chambers before conferring with opposing counsel. SO ORDERED by Magistrate Judge S. Kato Crews on 1/16/2020. Text Only Entry (skclc2) Modified on 1/17/2020 to correct phone number (jgonz, ). [Transferred from cod on 8/20/2020.]
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| Filing 15 Proposed Scheduling Order by Defendant Wright Medical Technology, Inc.. (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Wright Medical Technology, Inc. All parties do not consent.. (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
| Filing 13 Unopposed MOTION for Hearing/Conference to Appear Telephonically at January 23, 2020 Rule 16(b) Scheduling Conference by Defendant Wright Medical Technology, Inc.. (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
| Filing 12 NOTICE of Entry of Appearance by Paula S. Bliss on behalf of Randall B. Marshall, Terri K. MarshallAttorney Paula S. Bliss added to party Randall B. Marshall(pty:pla), Attorney Paula S. Bliss added to party Terri K. Marshall(pty:pla) (Bliss, Paula) [Transferred from cod on 8/20/2020.] |
| Filing 11 ANSWER to #5 Amended Complaint & Jury Demand by Wright Medical Technology, Inc..(Biscan, Matthew) [Transferred from cod on 8/20/2020.] |
| Filing 10 NOTICE of Entry of Appearance by Matthew Yager Biscan on behalf of Wright Medical Technology, Inc.Attorney Matthew Yager Biscan added to party Wright Medical Technology, Inc.(pty:dft) (Biscan, Matthew) [Transferred from cod on 8/20/2020.] |
| Filing 9 NOTICE of Entry of Appearance by Anne A. Gruner on behalf of Wright Medical Technology, Inc.Attorney Anne A. Gruner added to party Wright Medical Technology, Inc.(pty:dft) (Gruner, Anne) [Transferred from cod on 8/20/2020.] |
| Filing 8 NOTICE of Entry of Appearance by Sean Kenneth Burke on behalf of Wright Medical Technology, Inc.Attorney Sean Kenneth Burke added to party Wright Medical Technology, Inc.(pty:dft) (Burke, Sean) [Transferred from cod on 8/20/2020.] |
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Filing 7
ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 1/23/2020 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 1/16/2020. The Magistrate Judge Consent Form (ECF. #4-2) is due 1/16/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 10/1/2019. Text Only Entry (skclc2) [Transferred from cod on 8/20/2020.]
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Filing 6
ORDER re: #5 Amended Complaint. On 10/1/2019 Plaintiffs filed an #5 Amended Complaint that only names Wright Medical Technology, Inc. as a Defendant. Therefore, Defendant Wright Medical Group, Inc. is no longer a defendant. Accordingly, IT IS ORDERED that the Clerk of Court shall terminate Wright Medical Group, Inc. from this matter. SO ORDERED by Magistrate Judge S. Kato Crews on 10/1/2019. Text Only Entry (skclc2) [Transferred from cod on 8/20/2020.]
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| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Randall B. Marshall, Terri K. Marshall.(Andrus, Vance) [Transferred from cod on 8/20/2020.] |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (rvill, ) [Transferred from cod on 8/20/2020.] |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, ) [Transferred from cod on 8/20/2020.] |
| Filing 2 ADVISORY NOTICE TO ATTORNEY AND COURT: Michael Gallant attempted to enter his appearance in this case by affixing his " s/ " signature to the complaint. Mr. Gallant does not appear on the Court's attorney roll as a member of the bar of this court. Pursuant to D.C.COLO.LAttyR 5(a)(5), therefore, his purported appearance will not be recognized. (Text Only Entry) (rvill, ) [Transferred from cod on 8/20/2020.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-6767040)Attorney Vance Robert Andrus added to party Randall B. Marshall(pty:pla), Attorney Vance Robert Andrus added to party Terri K. Marshall(pty:pla), filed by Randall B. Marshall, Terri K. Marshall. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Andrus, Vance) [Transferred from cod on 8/20/2020.] |
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