Harris et al v. Wright Medical Technology Inc et al
Plaintiff: Carla E Harris and Joseph W Harris
Defendant: Wright Medical Technology Inc
Case Number: 4:2020cv01027
Filed: August 25, 2020
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Kristine G Baker
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Opinion or Order Filing 54 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 25, 2020 Filing 53 (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 Harris et al v. Wright Medical Technology Inc et al, originally filed in the U.S. District Court for the USDC Pennsylvania Western and assigned case number 2:19-cv-00280, 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-01027-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)
August 25, 2020 Filing 52 Case electronically transferred in from U.S. District Court, District of Pennsylvania Western; Case Number 2:19-cv-00280. Copy of transfer order, case file, and docket sheet received.
August 18, 2020 Filing 51 Certified Copy of Conditional Transfer Order received from Eastern District of Arkansas. (jjg) [Transferred from pawd on 8/25/2020.]
August 18, 2020 Case electronically transferred to District of Eastern Arkansas. (jjg) [Transferred from pawd on 8/25/2020.]
August 14, 2020 Filing 49 STATUS REPORT Filed Jointly Regarding Outcome of Motion to Transfer Pending Before Judicial Panel on Multidistrict Litigation, Civil Docket No. 2949 by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 7, 2020 Filing 50 Conditional Transfer Order received from the Judicial Panel on Multi-District Litigation. (cel) [Transferred from pawd on 8/25/2020.]
August 3, 2020 Filing 48 STATUS REPORT Joint by CARLA E. HARRIS, JOSEPH W. HARRIS. (Bliss, Paula) [Transferred from pawd on 8/25/2020.]
June 1, 2020 Filing 46 STATUS REPORT by CARLA E. HARRIS, JOSEPH W. HARRIS. (Bliss, Paula) [Transferred from pawd on 8/25/2020.]
May 17, 2020 FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) [Transferred from pawd on 8/25/2020.]
April 26, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) [Transferred from pawd on 8/25/2020.]
April 20, 2020 Opinion or Order Filing 45 ORDER granting #44 Motion to Extend Time for Case Management Deadlines. Joint Status Reports are due by 6/1/20, 8/3/20, 10/1/20, 12/1/20, and 2/1/21. Fact Discovery for 9/14/20 is cancelled and is now due by 3/12/21. Telephonic Post Fact Discovery Status Conference set for 9/15/20 at 4:00 PM has been canceled and is rescheduled for 3/15/21 at 04:00 PM before Judge Nora Barry Fischer. Details more fully set forth in the order. Signed by Judge Nora Barry Fischer on 4/20/20. (cjo) [Transferred from pawd on 8/25/2020.]
April 20, 2020 Filing 44 Joint MOTION to Extend Time to Extend Deadlines by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
April 16, 2020 Filing 43 SUGGESTION OF DEATH as to Joseph W. Harris by CARLA E. HARRIS, JOSEPH W. HARRIS. (Bliss, Paula) [Transferred from pawd on 8/25/2020.]
March 30, 2020 Filing 42 STATUS REPORT REGARDING STATUS OF DISCOVERY by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
March 28, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI) [Transferred from pawd on 8/25/2020.]
February 26, 2020 Opinion or Order Filing 41 ORDER granting #40 Motion for Paula S. Bliss, Esquire to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Judge Nora Barry Fischer on 2/26/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from pawd on 8/25/2020.]
February 26, 2020 Filing 40 MOTION for attorney Paula S. Bliss to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5486297) by CARLA E. HARRIS, JOSEPH W. HARRIS. (Attachments: #1 Exhibit, #2 Exhibit) (Leckman, T.) [Transferred from pawd on 8/25/2020.]
January 30, 2020 Filing 39 STATUS REPORT Regarding Status of Discovery by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
November 15, 2019 Filing 38 Notice of Initial ADR Conference by CARLA E. HARRIS, JOSEPH W. HARRIS. Initial ADR Conference Date 10/20/2020/9:00 a.m. & 600 Grant Street, Suite 5010, Pittsburgh, PA 15219 (Gallant, Michael) [Transferred from pawd on 8/25/2020.]
November 7, 2019 Opinion or Order Filing 37 ORDER REFERRING CASE to Mediation. John Noble, Esquire is appointed as mediator; The ADR conference(s) shall be concluded on or before 10/31/20, unless extended by order of the Court; Michael E. Gallant, Esquire is designated as lead counsel; It is the responsibility of lead counsel to insure that a notice indicating the date, time and location of the ADR session as well as the principals from each party, and insurance representatives, with full settlement authority, who will be in attendance at the ADR session, has been electronically filed with the Court by 11/15/19. The Court shall be promptly noticed of any rescheduled date for the scheduled conference. Signed by Judge Nora Barry Fischer on 11/7/19. (jg) [Transferred from pawd on 8/25/2020.]
November 7, 2019 Opinion or Order Filing 36 CASE MANAGEMENT ORDER: Exchange of required remaining Rule 26(a) information due by 11/14/19; Motions to Amend/Add Parties due by 12/13/19; Joint Discovery Status Reports due by 1/30/20, 3/30/20, 6/1/20 and 8/3/20; Fact Discovery ends 9/14/20; A Telephonic Post-Fact Discovery Status Conference is set for 9/15/20 at 4:00 PM before Judge Nora Barry Fischer; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 11/7/19. (jg) [Transferred from pawd on 8/25/2020.]
November 7, 2019 Filing 35 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Case Management Conference held on 11/7/19; Appropriate Orders follow. (Court Reporter: None) (jg) ( [Transferred from pawd on 8/25/2020.]
November 7, 2019 Filing 34 STIPULATION re #31 Stipulation Selecting ADR process Amended by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
November 6, 2019 Filing 33 STIPULATION selecting ADR process by CARLA E. HARRIS, JOSEPH W. HARRIS. (Gallant, Michael) [Transferred from pawd on 8/25/2020.]
November 6, 2019 Opinion or Order Filing 32 RULE 502(D) ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 11/6/2019. (bdk) [Transferred from pawd on 8/25/2020.]
October 31, 2019 Filing 31 STIPULATION selecting ADR process by WRIGHT MEDICAL TECHNOLOGY, INC.. (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
October 31, 2019 Filing 30 REPORT of Rule 26(f) Planning Meeting. (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
October 30, 2019 Opinion or Order Filing 29 ORDER granting #28 Motion for Michael E. Gallant, Esquire to Appear Pro Hac Vice on behalf of plaintiffs. Signed by Judge Nora Barry Fischer on 10/30/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from pawd on 8/25/2020.]
October 30, 2019 Filing 28 MOTION for attorney Michael E. Gallant to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5342554) by CARLA E. HARRIS, JOSEPH W. HARRIS. (Attachments: #1 Affidavit) (Leckman, T.) [Transferred from pawd on 8/25/2020.]
October 29, 2019 Opinion or Order Filing 27 ORDER granting #26 Defendant's Motion to Appear at Case Management Conference by Telephone; It is further ordered that all parties may attend said Case Management Conference by telephone. The Court shall initiate said call. Signed by Judge Nora Barry Fischer on 10/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from pawd on 8/25/2020.]
October 28, 2019 Filing 26 Unopposed MOTION to Appear Telephonically at November 7, 2019 Case Management Conference by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
October 17, 2019 Opinion or Order Filing 25 MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process are due by 10/31/19; A Case Management Conference is set for 11/7/19 at 2:00 PM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 10/17/19. (Attachments: #1 Exhibit A, #2 Exhibit B) (jg) [Transferred from pawd on 8/25/2020.]
October 16, 2019 Filing 24 ANSWER to #4 Amended Complaint by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
October 2, 2019 Opinion or Order Filing 23 ORDER indicating that that Defendants Partial Motion to Dismiss #9 is granted; that Counts One and Two of Plaintiffs' Amended Complaint alleging strict liability failure to warn and strict liability design defect, are dismissed, with prejudice; and that Plaintiffs are granted leave to file a Second Amended Complaint by 10/16/19. Signed by Judge Nora Barry Fischer on 10/2/19. (jg) [Transferred from pawd on 8/25/2020.]
September 20, 2019 Filing 22 REPLY BRIEF re #17 Motion to Dismiss for Failure to State a Claim, #19 Proposed Order, #18 Brief in Support of Motion, #20 Certificate of Service filed by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
September 6, 2019 Filing 21 BRIEF in Opposition re #17 Motion to Dismiss for Failure to State a Claim filed by CARLA E. HARRIS, JOSEPH W. HARRIS. (Leckman, T.) [Transferred from pawd on 8/25/2020.]
August 23, 2019 Filing 20 CERTIFICATE OF SERVICE by WRIGHT MEDICAL TECHNOLOGY, INC. re #17 Motion to Dismiss for Failure to State a Claim, #19 Proposed Order, #18 Brief in Support of Motion (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 23, 2019 Filing 19 Proposed Order re #17 Motion to Dismiss for Failure to State a Claim by WRIGHT MEDICAL TECHNOLOGY, INC.. (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 23, 2019 Filing 18 BRIEF in Support re #17 Motion to Dismiss for Failure to State a Claim filed by WRIGHT MEDICAL TECHNOLOGY, INC.. (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 23, 2019 Filing 17 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WRIGHT MEDICAL TECHNOLOGY, INC.. (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 16, 2019 Opinion or Order Filing 16 ORDER indicating that Plaintiffs' demand for attorneys' fees is stricken from their Amended Complaint (Docket No. #4 at 47); that Defendant shall answer or otherwise respond to Plaintiffs' Amended Complaint by 8/23/19. Signed by Judge Nora Barry Fischer on 8/16/19. (jg) [Transferred from pawd on 8/25/2020.]
August 16, 2019 Filing 15 STATUS REPORT JOINT STATUS REPORT by WRIGHT MEDICAL TECHNOLOGY, INC. Modified text on 8/16/2019 to correct Defendant from Group to Technology, INC. [Transferred from pawd on 8/25/2020.]
August 7, 2019 Opinion or Order Filing 14 ORDER indicating that upon consideration of Defendant Wright Medical Technology, Inc.'s Motion to Dismiss #9 and Brief in Support #11 , which do not include a certificate of conferral "stating that the moving party has made good faith efforts to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment" and that "[m]otions to dismiss that do not contain the required certification will be summarily denied," as required by the Court's Order of 3/14/19 #3 , it is hereby ordered that said Motion #9 is denied, without prejudice; that the parties shall meet and confer as the Court has directed and file a Status Report with the Court by 8/16/19. Signed by Judge Nora Barry Fischer on 8/7/19. (jg) [Transferred from pawd on 8/25/2020.]
August 7, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion for Sean K. Burke, Esquire to Appear Pro Hac Vice on behalf of defendant Wright Medical Technology, Inc. Signed by Judge Nora Barry Fischer on 8/7/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from pawd on 8/25/2020.]
August 6, 2019 Filing 12 MOTION for attorney Sean K. Burke to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5237385) by WRIGHT MEDICAL TECHNOLOGY, INC.. (Burke, Sean) [Transferred from pawd on 8/25/2020.]
August 6, 2019 Filing 11 BRIEF in Support re #9 Motion to Dismiss for Failure to State a Claim, filed by WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 6, 2019 Opinion or Order Filing 10 ORDER ON MOTIONS PRACTICE (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 8/6/19. (jg) [Transferred from pawd on 8/25/2020.]
August 6, 2019 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WRIGHT MEDICAL TECHNOLOGY, INC. (Attachments: # 1. this attachment has been removed from public view;, #2 Proposed Order, #3 Certificate of Service) (Gruner, Anne) Modified text on 8/6/2019. (cel) [Transferred from pawd on 8/25/2020.]
August 2, 2019 Opinion or Order Filing 8 ORDER granting #7 Stipulation of Dismissal of WRIGHT MEDICAL GROUP, INC. (a Delaware Corporation) only. Each party will bear its own costs and fees. Signed by Judge Nora Barry Fischer on 8/2/19. (jg) [Transferred from pawd on 8/25/2020.]
August 2, 2019 Filing 7 STIPULATION of Dismissal of Defendant Wright Medical Group, Inc. by WRIGHT MEDICAL GROUP, INC., WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
August 1, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Anne A. Gruner to Appear Pro Hac Vice on behalf of defendants. Signed by Judge Nora Barry Fischer on 8/1/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) [Transferred from pawd on 8/25/2020.]
August 1, 2019 Filing 5 MOTION for attorney Anne A Gruner to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5231927) by WRIGHT MEDICAL GROUP, INC., WRIGHT MEDICAL TECHNOLOGY, INC.. (Attachments: #1 Affidavit, #2 Certificate of Service) (Gruner, Anne) [Transferred from pawd on 8/25/2020.]
June 8, 2019 Filing 4 First AMENDED COMPLAINT against WRIGHT MEDICAL GROUP, INC., WRIGHT MEDICAL TECHNOLOGY, INC. filed by JOSEPH W. HARRIS, CARLA E. HARRIS. (Leckman, T.) Modified text on 6/10/2019. (cel) [Transferred from pawd on 8/25/2020.]
March 14, 2019 Opinion or Order Filing 3 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/14/19. (jg) [Transferred from pawd on 8/25/2020.]
March 14, 2019 Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg) [Transferred from pawd on 8/25/2020.]
March 13, 2019 Filing 1 COMPLAINT against MICROPORT ORTHOPEDICS, INC., WRIGHT MEDICAL GROUP, INC., WRIGHT MEDICAL TECHNOLOGY, INC. (Filing fee, including Administrative fee, $400, receipt number 0315-5062320) filed by JOSEPH W. HARRIS, CARLA E. HARRIS. (Attachments: #1 Civil Cover Sheet) (cel) [Transferred from pawd on 8/25/2020.]

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Plaintiff: Carla E Harris
Represented By: T. Matthew Leckman
Represented By: Paula S. Bliss
Represented By: Michael E. Gallant
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Plaintiff: Joseph W Harris
Represented By: T. Matthew Leckman
Represented By: Paula S. Bliss
Represented By: Michael E. Gallant
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Defendant: Wright Medical Technology Inc
Represented By: Sean K. Burke
Represented By: Anne A. Gruner
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