Buenger et al v. Wright Medical Technology Inc et al
| Scott Buenger and Elizabeth Buenger |
| Wright Medical Group NV, Wright Medical Group Inc and Wright Medical Technology Inc |
| 4:2020cv01026 |
| 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
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This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.
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| NOTICE OF DOCKET CORRECTION re #37 Notice of Appearance. CORRECTION: The docket text was modified to correct the party filers as Wright Medical Technology, Inc., Wright Medical Group, Inc., and Wright Medical Group, N.V. as marked on the document. (jak) |
| Filing 37 NOTICE of Appearance by Michael O. Fawaz on behalf of Wright Medical Technology Inc, Wright Medical Group Inc, and Wright Medical Group, N.V.(Fawaz, Michael) (Docket text modified on 9/22/2020 to correct the party filers) (jak) |
Filing 36
ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (ljb)
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| Filing 35 (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 4:20-cv-01026-KGB, originally filed in the U.S. District Court for the USDC Illinois Southern and assigned case number 3:20-cv-00523, 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-01026-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 34 Case electronically transferred in from U.S. District Court, District of Illinois Southern; Case Number 3:20-cv-00523. Copy of transfer order, case file, and docket sheet received. |
| Filing 33 CONDITIONAL TRANFSER ORDER (CTO-1) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Eastern District of Arkansas and MDL #2949 In Re: Profemur Hip Implant Products Liability Litigation.(kek) [Transferred from ilsd on 8/25/2020.] |
| Filing 32 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Wright Medical Group, Inc., Wright Medical Group, N.V.. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 31 Preliminary Conditional Transfer Order (CTO - 1) (Attachments: #1 Minute Order)(kek) [Transferred from ilsd on 8/25/2020.] |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit Wright Medical Groups 2001 10-K, #2 Exhibit Wright Medical Groups 2010 Annual Report, #3 Exhibit Wright Medical Group NVs 2019 Annual Report, #4 Exhibit Wright Medical Group NVs Form 10K Annual Report to the SEC, #5 Exhibit Wright Medicals Form 10-Q for the period ending March 31, 2014, #6 Exhibit Wright Medical Groups Forum Non Conviens motions filed in Shelby County, Tennessee)(Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 29 RESPONSE in Opposition re #26 MOTION to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on MultiDistrict Litigation filed by Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 28 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #27 Exhibit filed by Elizabeth Buenger, Scott Buenger. The attached document is a Proposed Order. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed documents need to be e-mailed to the proper judge.(kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.] |
| Filing 27 STRICKEN. EXHIBIT by Elizabeth Buenger, Scott Buenger. Exhibit to #26 Motion to Stay Proposed Order. (Pope, Neal) Modified on 7/24/2020 (kls3). [Transferred from ilsd on 8/25/2020.] |
| Filing 26 MOTION to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on MultiDistrict Litigation by Elizabeth Buenger, Scott Buenger. (Attachments: #1 Exhibit Exhibits 1-17)(Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 25 ANSWER to #1 Complaint, by Wright Medical Technology, Inc..(Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
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Filing 24
ORDER granting #22 Motion to Appear Pro Hac Vice of Attorney David C. Van Dyke on behalf of Defendants Wright Medical Group, Inc. and Wright Medical Group, N.V. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.]
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| Filing 23 MOTION to Dismiss for Lack of Jurisdiction by Wright Medical Group, Inc., Wright Medical Group, N.V.. Responses due by 8/6/2020 (Attachments: #1 Exhibit A)(Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 22 MOTION to Appear Pro Hac Vice by Attorney David C. Van Dyke $200 fee paid,receipt number 0754-4218842 by on behalf of Wright Medical Group, Inc., Wright Medical Group, N.V.. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 21 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-523-SMY. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.] |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 19 SUMMONS Returned Executed by Scott Buenger, Elizabeth Buenger. Wright Medical Technology, Inc. served on 6/18/2020, answer due 7/9/2020. (Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 18 SUMMONS Returned Executed by Scott Buenger, Elizabeth Buenger. Wright Medical Group, Inc. served on 6/18/2020, answer due 7/9/2020. (Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 17 NOTICE FROM CLERK Instructing Wright Medical Technology, Inc. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Wright Medical Technology, Inc. on 6/25/2020. Consent due by 7/16/2020 (kls3) [Transferred from ilsd on 8/25/2020.] |
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Filing 16
ORDER granting #15 Motion to Appear Pro Hac Vice of Attorney David C. Van Dyke on behalf of Defendant Wright Medical Technology, Inc. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.]
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| Filing 15 MOTION to Appear Pro Hac Vice by Attorney David C. Van Dyke $200 fee paid,receipt number 0754-4212576 by on behalf of Wright Medical Technology, Inc.. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 14 Corporate Disclosure Statement by Wright Medical Technology, Inc. identifying Corporate Parent Wright Medical Group, Inc. for Wright Medical Technology, Inc.. (Attachments: #1 Exhibit A)(Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 13 NOTICE of Appearance by David C. Van Dyke on behalf of Wright Medical Technology, Inc. (Van Dyke, David) [Transferred from ilsd on 8/25/2020.] |
| Filing 12 SUMMONS Returned Executed by Scott Buenger, Elizabeth Buenger. Wright Medical Group, N.V. served on 6/11/2020, answer due 7/2/2020. (Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 11 Summons Issued as to Wright Medical Group, Inc. and to Wright Medical Group, N.V., and returned to Attorney Pope for service. (kls3) [Transferred from ilsd on 8/25/2020.] |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Notice Requesting Consent. Entered in error. Consent was already solicited in Doc. 2, with a current deadline of 6/25/2020. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.] |
| Filing 8 STRICKEN. NOTICE FROM CLERK Instructing Scott Buenger and Elizabeth Buenger to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Scott Buenger and Elizabeth Buenger on 6/5/2020. Consent due by 6/26/2020 (kls3) Modified on 6/5/2020 (kls3). [Transferred from ilsd on 8/25/2020.] |
| Filing 7 NOTICE of Appearance by Neal Kirkland Pope on behalf of Elizabeth Buenger, Scott Buenger (Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 6 Summons Requested. (Attachments: #1 Summons Summons as to Wright Medical Group, N.V.)(Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
| Filing 5 Summons Issued as to Wright Medical Technology, Inc., and returned to Attorney Pope for service. (kls3) [Transferred from ilsd on 8/25/2020.] |
| Filing 4 NOTICE OF ACTION: The Summonses attached at Doc. 1-3 and Doc. 1-4 are blank. Summonses to be completed and refiled. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.] |
| Filing 3 NOTICE OF ACTION: See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this Court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Pope does not have a Notice of Appearance on file in this case.(kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from ilsd on 8/25/2020.] |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Elizabeth Buenger, Scott Buenger. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:20-cv-523-RJD. Consent due by 6/25/2020 (kls3) [Transferred from ilsd on 8/25/2020.] |
| Filing 1 COMPLAINT for Damages against Wright Medical Group, Inc., Wright Medical Group, N.V., Wright Medical Technology, Inc. ( Filing fee $ 400 receipt number 0754-4195552.), filed by Scott Buenger, Elizabeth Buenger. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons as to Wright Medical Technology, #3 Summons Summons as to Wright Medical Group, Inc., #4 Summons Summons as to Wright Medical Group N.V.)(Pope, Neal) [Transferred from ilsd on 8/25/2020.] |
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