Safir v. Wright Medical Technology Inc
Howard Safir |
Wright Medical Technology Inc |
4:2020cv01024 |
August 25, 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
This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
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Filing 47 MOTION to Withdraw as Attorney by Howard Safir (Elman, Deborah) |
Filing 46 MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Ash, Dana) |
Filing 45 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh) |
Filing 44 (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 Safir v. Wright Medical Technology Inc, originally filed in the U.S. District Court for the USDC New York Southern and assigned case number 1:18-cv-10742, 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-01024-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 8/25/2020. (jbh) |
Filing 43 Case electronically transferred in from U.S. District Court, District of New York Southern; Case Number 1:18-cv-10742. Copy of transfer order, case file, and docket sheet received. |
Filing 42 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Arkansas. (Signed by MDL Panel on 8/14/2020) (sjo) [Transferred from nysd on 8/25/2020.] |
MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of Arkansas. (sjo) [Transferred from nysd on 8/25/2020.] |
Filing 41 STATUS REPORT. Document filed by Wright Medical Technology, Inc...(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
Filing 40 STATUS REPORT. Joint Document filed by Wright Medical Technology, Inc...(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
Filing 39 ORDER granting #38 Letter Motion to Stay: The parties' motion to stay this action, ECF No. 38, is GRANTED. This action is STAYED pending resolution of the motion to transfer currently before the United States Judicial Panel on Multidistrict Litigation ("JPML"). In re: Profemur Hip Implant Product Liability Litigation, MDL No. 2949, ECF No. 1 (J.P.M.L. May 18, 2020). It is ORDERED that the parties shall promptly inform the Court upon the JPML's resolution of the motion to transfer. It is further ORDERED that on August 4, 2020, and every 60 days thereafter until the motion is resolved, the parties shall file a joint status letter. The Clerk of Curt is directed to terminate the motion at ECF No. 38. (Signed by Judge Analisa Torres on 6/5/2020) (jwh) [Transferred from nysd on 8/25/2020.] |
Filing 38 JOINT LETTER MOTION to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation addressed to Judge Analisa Torres from Anne A. Gruner dated 6/4/2020. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Exhibit 1 - MDL Motion, Brief in Support, Schedule of Actions, #2 Exhibit 2 - Lopez Order Granting Motion to Stay, #3 Exhibit 3 - Sharif Docket Order).(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
Reset Deadline: Expert Discovery due by 7/24/2020. (rjm) [Transferred from nysd on 8/25/2020.] |
Filing 37 ORDER. The parties' motion for an extension of the discove1y schedule, ECF No. 36, is GRANTED in part and DENIED in part. By September 9, 2020, the parties shall complete discove1y. Interim discovery deadlines may be agreed to in writing without further approval from the Court. Any motion for summary judgment must be made within 14 calendar days of the close of discovery, and as further set forth in this Order. The case management conference scheduled for August 11, 2020, is ADJOURNED to September 28, 2020, at 11:00 a.m. Deadlines related to the joint pretrial order, motions in limine, and other pretrial matters will be set at the case management conference. The Clerk of Court is directed to terminate the motion at ECF No. 36. SO ORDERED. Granting in part and denying in part #36 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Judge Analisa Torres from Anne A Gruner dated 3/25/2020. Document filed by Wright Medical Technology, Inc. (Discovery due by 9/9/2020). (Signed by Judge Analisa Torres on 3/25/2020) (rjm) [Transferred from nysd on 8/25/2020.] |
Filing 36 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Judge Analisa Torres from Anne A Gruner dated 3/25/2020. Document filed by Wright Medical Technology, Inc...(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
Set/Reset Hearings: (Case Management Conference set for 9/28/2020 at 11:00 AM before Judge Analisa Torres.) (rjm) Modified on 3/27/2020 (rjm). [Transferred from nysd on 8/25/2020.] |
Filing 35 ORDER: The parties shall appear for a case management conference at 12:00 p.m. on August 11, 2020, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences. (As further set forth in this Order.) (Case Management Conference set for 8/11/2020 at 12:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 2/21/2020) (cf) [Transferred from nysd on 8/25/2020.] |
NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Deborah A. Batts is no longer assigned to the case. (sjo) [Transferred from nysd on 8/25/2020.] |
Minute Entry for proceedings held before Judge Deborah A. Batts: Status Conference held on 6/27/2019. See Order. (kwi) [Transferred from nysd on 8/25/2020.] |
Filing 34 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Deborah A. Batts on 6/27/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 33 SCHEDULING ORDER: Estimated trial time is 1 week, jury trial. Except for good cause explicitly set forth by letter and shown, all discovery, including expert discovery, shall be commenced in time to be completed by 7/24/2020. A party contemplating making a dispositive motion must notify opposing counsel and the Court by 8/21/2020.NO EXTENSIONS ON DISCOVERY DEADLINES. NO MORE TELEPHONE APPEARANCES. SO ORDERED. (Expert Discovery due by 7/24/2020. Discovery due by 7/24/2020.) (Signed by Judge Deborah A. Batts on 6/27/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 32 ORDER granting #31 Letter Motion for Conference. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 6/26/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 31 LETTER MOTION for Conference re: #29 Scheduling Order,, Requesting Permission for Sean Burke to Participate at the June 27, 2019 Status Conference by telephone and/or video addressed to Judge Deborah A. Batts from Sean K. Burke dated June 24, 2019. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
Filing 30 PROPOSED PROTECTIVE ORDER. Document filed by Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
Minute Entry for proceedings held before Judge Deborah A. Batts: Initial Pretrial Conference held on 4/18/2019. See Order. (kwi) [Transferred from nysd on 8/25/2020.] |
Filing 29 SCHEDULING ORDER: Estimated trial time is 5 days, jury trial. Except for good cause explicitly set forth by letter and shown, all discovery, including expert settlement discovery, shall be commenced in time to be completed by 6/27/19. Status Conference set for 6/27/2019 at 10:30 AM before Judge Deborah A. Batts. Parties to focus discovery on what would be helpful for settlement on 6/27/19. Any additional discovery they do voluntarily during that time period is fine. SO ORDERED. (Signed by Judge Deborah A. Batts on 4/18/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 28 ORDER granting #27 LETTER MOTION for Conference re: #19 Order for Initial Pretrial Conference, Requesting Permission for Sean Burke to Participate at the April 18, 2019 Initial Pre-Trial Conference by telephone addressed to Judge Deborah A. Batts from Ralph Carter dated April 15, 2019. Document filed by Wright Medical Technology, Inc. Granted. So ordered. (Signed by Judge Deborah A. Batts on 4/16/2019) (rjm) [Transferred from nysd on 8/25/2020.] |
Filing 27 LETTER MOTION for Conference re: #19 Order for Initial Pretrial Conference,,, Requesting Permission for Sean Burke to Participate at the April 18, 2019 Initial Pre-Trial Conference by telephone addressed to Judge Deborah A. Batts from Ralph Carter dated April 15, 2019. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
Filing 26 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
Filing 25 ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Paige Jessica Alderson to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/28/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 24 ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Thomas V. Ayala to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/28/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 23 ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Mary Elizabeth Graham to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 3/28/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 22 MOTION for Paige Jessica Alderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16569693. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir.(Alderson, Paige) [Transferred from nysd on 8/25/2020.] |
Filing 21 MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir.(Ayala, Thomas) [Transferred from nysd on 8/25/2020.] |
Filing 20 MOTION for Mary Elizabeth Graham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir. (Attachments: #1 Text of Proposed Order, #2 Affidavit)(Graham, Elizabeth) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for Mary Elizabeth Graham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Paige Jessica Alderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16569693. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 8/25/2020.] |
Filing 19 NOTICE FOR INITIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pre-trial conference in accordance with Federal Rule of Civil Procedure 16 on Thursday, April 18, 2019 at 10:30 am in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Counsel are directed to familiarize themselves with the Southern District of New York Local Rules and Electronic Court Filing Rules and Instructions, and this Court's Individual Rules of Practice. Pursuant to the Individual Rules, two courtesy copies of all pleadings must be submitted to Chambers. (Initial Conference set for 4/18/2019 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 2/21/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Filing 18 ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Sean K. Burke to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 1/29/2019) (jca) [Transferred from nysd on 8/25/2020.] |
Filing 17 ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Dana J. Ash to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 1/29/2019) (jca) [Transferred from nysd on 8/25/2020.] |
Filing 16 MOTION for Dana J. Ash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16238216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit of Dana J. Ash, Esq. Pursuant to Local Rule 1.3(c), #2 Exhibit Certificates of Good Standing for Dana J. Ash, #3 Text of Proposed Order)(Ash, Dana) [Transferred from nysd on 8/25/2020.] |
Filing 15 MOTION for Sean K. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16238093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit Affidavit of Sean K. Burke, Esq. Pursuant to Local Rule 1.3(c), #2 Exhibit Certificates of Good Standing for Sean K. Burke, #3 Text of Proposed Order)(Burke, Sean) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Sean K. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16238093. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Dana J. Ash to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16238216. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) [Transferred from nysd on 8/25/2020.] |
Filing 14 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Wright Medical Technology, Inc..(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
Filing 13 ORDER FOR ADMISSION PRO HAC VICE granting #10 Motion for Anne A Gruner to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 1/4/2019) (rro) [Transferred from nysd on 8/25/2020.] |
Pro Hac Vice Fee Paid electronically via Pay.gov: for #12 MOTION for Mary Elizabeth Graham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-16143521, paid on 1/4/2019. (wb) [Transferred from nysd on 8/25/2020.] |
Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mary Elizabeth Graham to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir.(Graham, Elizabeth) Modified on 3/27/2019 (ma). [Transferred from nysd on 8/25/2020.] |
Filing 11 PROPOSED MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir.(Ayala, Thomas) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 PROPOSED MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) [Transferred from nysd on 8/25/2020.] |
Filing 10 MOTION for Anne A Gruner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16131196. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wright Medical Technology, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Gruner, Anne) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Anne A Gruner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16131196. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 8/25/2020.] |
Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16089425. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Howard Safir.(Ayala, Thomas) Modified on 12/20/2018 (ma). [Transferred from nysd on 8/25/2020.] |
Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Wright Medical Technology, Inc. waiver sent on 11/20/2018, answer due 1/22/2019. Document filed by Howard Safir. (Elman, Deborah) [Transferred from nysd on 8/25/2020.] |
Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wright Medical Group, Inc., Corporate Parent Wright Medical Group, N.V. for Wright Medical Technology, Inc.. Document filed by Wright Medical Technology, Inc..(Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
Filing 6 NOTICE OF APPEARANCE by Ralph Jeffrey Carter on behalf of Wright Medical Technology, Inc.. (Carter, Ralph) [Transferred from nysd on 8/25/2020.] |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Thomas V. Ayala to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16089425. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): MISSING AFFIDAVIT /DECLARATION PURSUANT TO LOCAL RULE 1.3. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma) [Transferred from nysd on 8/25/2020.] |
Filing 5 CIVIL COVER SHEET filed. (Elman, Deborah) [Transferred from nysd on 8/25/2020.] |
Filing 4 ELECTRONIC SUMMONS ISSUED as to Wright Medical Technology, Inc.. (pc) [Transferred from nysd on 8/25/2020.] |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Deborah A. Elman to RE-FILE Document No. #1 Complaint, #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. Do not attach the civil cover sheet to the complaint filing. (pc) [Transferred from nysd on 8/25/2020.] |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Deborah A. Elman. The party information for the following party/parties has been modified: Wright Medical Technology, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) [Transferred from nysd on 8/25/2020.] |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from nysd on 8/25/2020.] |
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Deborah A. Elman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000; County code Suffolk;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000; the County code has been modified to XX Out of State;. (pc) [Transferred from nysd on 8/25/2020.] |
Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from nysd on 8/25/2020.] |
Case Designated ECF. (pc) [Transferred from nysd on 8/25/2020.] |
Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Wright Medical Technology, Inc., re: #1 Complaint. Document filed by Howard Safir. (Elman, Deborah) [Transferred from nysd on 8/25/2020.] |
Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Elman, Deborah) Modified on 11/19/2018 (pc). [Transferred from nysd on 8/25/2020.] |
Filing 1 COMPLAINT against Wright Medical Technology, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-15926104)Document filed by Howard Safir. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Elman, Deborah) [Transferred from nysd on 8/25/2020.] |
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