Burningham et al v. Wright Medical Technology et al
| Lana Burningham and Dale Burningham |
| Wright Medical Group Inc, Wright Medical Technology, Harlan C Amstutz and Wright Medical Group |
| 4:2020cv01039 |
| August 26, 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 121 MOTION to Withdraw as Attorney by Wright Medical Group, Wright Medical Technology (Ash, Dana) |
Filing 120
ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
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| Filing 119 (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 Burningham et al v. Wright Medical Technology et al, originally filed in the U.S. District Court for the USDC Utah and assigned case number 2:17-cv-00092, 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-01039-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 8/26/2020. (jbh) |
| Filing 118 Case electronically transferred in from U.S. District Court, District of Utah; Case Number 2:17-cv-00092. Copy of transfer order, case file, and docket sheet received. (Docket text modified on 8/27/2020 to correct a typographical error.) (thd). |
| Filing 117 Interdistrict Transfer to Eastern Arkansas. Record transferred to receiving court electronically. All future documents should be filed in Eastern Arkansas District Court. Case closed. (rks) [Transferred from utd on 8/26/2020.] |
| Filing 116 CLERKS ORDER of Conditional Transfer re Pro Femur Hip Implant Products Liability Litigation MDL 2949 signed by Karen K. Caldwell, Chair, Panel on Multidistrict Litigation (rks) [Transferred from utd on 8/26/2020.] |
| Magistrate Judge Jared C. Bennett no longer assigned to case. (rks) [Transferred from utd on 8/26/2020.] |
| Filing 115 STATUS REPORT Filed Jointly Regarding Outcome of Motion to Transfer by Judicial Panel on Multidistrict Litigation by Wright Medical Group, Wright Medical Technology. (Gruner, Anne) [Transferred from utd on 8/26/2020.] |
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Filing 114
ORDER granting #113 Motion to Stay Proceedings Pending Ruling on Motion to Transfer By Judicial Panel on Multidistrict Litigation. Signed by Magistrate Judge Jared C. Bennett on 6/9/2020. (nl) [Transferred from utd on 8/26/2020.]
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| Filing 113 Joint MOTION to Stay Proceedings pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit 1 - MDL Motion_Memo_Schedule, #2 Exhibit 2 - Order Granting, #3 Text of Proposed Order Order Granting Motion to Stay) Motions referred to Jared C. Bennett.(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 112 REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Jared C. Bennett. Magistrate Judge Paul M. Warner no longer assigned to the case. Case number will now read 2:17-cv-00092-JNP-JCB. Please make changes to document captions accordingly. (nl) [Transferred from utd on 8/26/2020.] |
| Filing 111 NOTICE of of Motion for Transfer of Actions to the Eastern District of Arkansas re Multidistrict Litigation (Attachments: #1 Brief in Support of Motion For Transfer, #2 Exhibit 1 D. Arizona 2:19-cv-02864, #3 Exhibit 2 D. Arizona 2:19-cv-05360, #4 Exhibit 3 E.D. Arkansas 5:17-cv-00062, #5 Exhibit 4 E.D. Arkansas 4:19-cv-00607, #6 Exhibit 5 C.D. California 2:17-cv-08561, #7 Exhibit 6 C.D. California 5:18-cv-02244, #8 Exhibit 7 C.D. California 2:19-cv-04824, #9 Exhibit 8 C.D. California 2:20-cv-03993, #10 Exhibit 9 E.D. California 2:20-cv-00823, #11 Exhibit 10 S.D. California 3:18-cv-1991, #12 Exhibit 11 S.D. California 3:18-cv-02162, #13 Exhibit 12 D. Colorado 1:19-cv-01883, #14 Exhibit 13 N.D. Florida 3:19-cv-03818, #15 Exhibit 14 N.D. Georgia 1:20-cv-01300, #16 Exhibit 15 D. Indiana 3:19-cv-00160, #17 Exhibit 16 D. Iowa 6:17-cv-02033, #18 Exhibit 17 N.D. Iowa 6:20-cv-02032, #19 Exhibit 18 D. Kansas 2:20-cv-02116, #20 Exhibit 19 D. Maine 1:18-cv-00035, #21 Exhibit 20 D. Maryland 1:20-cv-00578, #22 Exhibit 21 D. Massachusetts 1:18-cv-11872, #23 Exhibit 22 D. Massachusetts 1:18-cv-12570, #24 Exhibit 23 D. Massachusetts 4:19-cv-40126, #25 Exhibit 24 D. Massachusetts 3:20-cv-10200, #26 Exhibit 25 D. Massachusetts 1:20-cv-10215, #27 Exhibit 26 D. Minnesota 0:18-cv-01282, #28 Exhibit 27 D. Minnesota 0:20-cv-01009, #29 Exhibit 28 D. Montana 9:19-cv-00016, #30 Exhibit 29 D. New Jersey 1:19-cv-12583, #31 Exhibit 30 S.D. New York 1:18-cv-10742, #32 Exhibit 31 D. Oregon 3:19-cv-01563, #33 Exhibit 32 W.D. Pennsylvania 2:19-cv-00280, #34 Exhibit 33 D. South Carolina 4:20-cv-00941, #35 Exhibit 34 D. Utah 1:16-cv-00108, #36 Exhibit 35 D. Utah 2:17-cv-00092, #37 Exhibit 36 D. Utah 2:19-cv-00263, #38 Exhibit 37 N.D. West Virginia 1:20-cv-00083, #39 Exhibit 38 E.D. Wisconsin 2:20-cv-00680, #40 Exhibit 39 W.D. Wisconsin 3:19-cv-00545, #41 Exhibit 40 W.D. Wisconsin 3:19-cv-00787, #42 Exhibit 41 W.D. Wisconsin 3:20-cv-00261, #43 Exhibit 42 W.D. Wisconsin 3:20-cv-00270, #44 Proof of Service, #45 Amended Proof of Service) (jwt) [Transferred from utd on 8/26/2020.] |
| Filing 110 Modification of Docket: Error: Hearing set before wrong judge. Correction: Hearing Judge and Courtroom updated re 109 Set/Reset Scheduling Order Deadlines. (nl) [Transferred from utd on 8/26/2020.] |
| Filing 109 Set/Reset Scheduling Order Deadlines: Expert Discovery due by 8/18/2020. Motions to exclude expert testimony due by 9/23/2020. Status Conference set for 9/8/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. (nl) Modified on 5/6/2020 to correct Judge on hearing. (nl). [Transferred from utd on 8/26/2020.] |
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Filing 108
ORDER Granting Motion to Extend Certain Deadlines.See order for deadlines. Signed by Magistrate Judge Paul M. Warner on 5/5/2020. (nl) [Transferred from utd on 8/26/2020.]
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| Filing 107 Joint MOTION Extend Certain Deadlines and Memorandum in Support filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McLaughlin, George) [Transferred from utd on 8/26/2020.] |
| Filing 106 NOTICE OF WITHDRAWAL OF COUNSEL of Thomas R. Leemon filed by George E. McLaughlin on behalf of Dale Burningham, Lana Burningham (McLaughlin, George) [Transferred from utd on 8/26/2020.] |
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Filing 105
ORDER granting #103 Motion for Amended Scheduling Order: Discovery due by 7/17/2020. Motions due by 7/31/2020. Scheduling Conference reset for 8/7/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Paul M. Warner on 3/3/2020. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 104 Modification of Docket: Changed filing event from "MOTION for Extension of Time" to "MOTION for Amended Scheduling Order" re #103 MOTION. (jds) [Transferred from utd on 8/26/2020.] |
| Filing 103 MOTION for Extension of Time to Extend Certain Deadlines and Memorandum in Support filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McLaughlin, George) Modified docket text on 3/3/2020 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 102 NOTICE VACATING SCHEDULING CONFERENCE set for 1/23/20 at 2:00pm before Judge Jill N. Parrish (Notice generated by JNP chambers)Status conference has been set for 6/8/20 at 2:00pm. (ss) [Transferred from utd on 8/26/2020.] |
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Filing 101
ORDER granting #100 Stipulated Joint Motion for Amended Scheduling Order: Motions due by 6/1/2020. Scheduling Conference reset for 6/8/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Paul M. Warner on 1/8/2020. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 100 Joint MOTION for Extension of Time Re Certain Deadlines filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Leemon, Thomas) Modified event type on 1/8/2020 (jds). [Transferred from utd on 8/26/2020.] |
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Filing 99
ORDER from the UT Supreme Court Pursuant to Rule 41 of UT Rules of Appellate Procedure, UT Supreme Court re #51 Certification of Issue to State Supreme Court. (Attachments: #1 Remittitur)(jds) [Transferred from utd on 8/26/2020.]
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| Filing 98 NOTICE VACATING STATUS CONFERENCE set for 9/23/19 at 2:00 pm before Judge Jill N. Parrish (Notice generated by ss)Scheduling conference set for 1/23/20. (ss) [Transferred from utd on 8/26/2020.] |
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Filing 97
ORDER granting #96 Motion for Extension of Time for Certain Case Deadlines. Signed by Magistrate Judge Paul M. Warner on 9/10/19 (alt) [Transferred from utd on 8/26/2020.]
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| Reset Deadline and Hearing per #97 Order: Motions due by 1/16/2020. Scheduling Conference set for 1/23/2020 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. (alt) [Transferred from utd on 8/26/2020.] |
| Filing 96 MOTION for Extension of Time re Certain Case Deadlines filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Text of Proposed Order re Stipulated Joint Motion to Extend Certain Case Deadlines) Motions referred to Paul M. Warner.(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 95 AFFIDAVIT OF SERVICE for Subpoena to produce documents, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 94 AFFIDAVIT OF SERVICE for Subpoena to produce documents served on Dr. Harold S. Boyd on 7/14/2019, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 93 AFFIDAVIT OF SERVICE for Subpoena to produce documents served on Stephen P. Rhodes on 7/22/2019, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 92 AFFIDAVIT OF SERVICE for Subpoena to produce documents served on Dr. Patricia Campbell on 7/18/2019, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 91 AFFIDAVIT OF SERVICE for Subpoena to produce documents served on Dr. Steven Kurtz on 7/17/2019, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 90 AFFIDAVIT OF SERVICE for Subpoena to produce documents served on Harold Pellerite on 7/13/2019, filed by Plaintiff Dale Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
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Filing 89
DOCKET TEXT ORDER finding as moot #79 Motion to Compel the Production of Plaintiff's Explanted Medical Devices. The motion has been rendered moot pursuant to #88 NOTICE of Withdrawal of Discovery Motion to Compel the Production of Plaintiff's Explanted Medical Devices. Signed by Magistrate Judge Paul M. Warner on 07/25/2019. (docket text order; no attached document) (jcd) [Transferred from utd on 8/26/2020.]
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| Filing 88 NOTICE of Withdrawal of Discovery Motion to Compel the Production of Plaintiff's Explanted Medical Devices by Wright Medical Group, Wright Medical Technology re #79 MOTION to Compel The Production of Plaintiff's Explanted Medical Devices (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
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Filing 87
ORDER granting #86 Motion for Amended Scheduling Order: Discovery due by 8/12/2019. Motions due by 9/16/2019. Scheduling Conference if no dispositive motions filed is reset for 9/23/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Paul M. Warner on 6/21/2019. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 86 Stipulated MOTION for Extension of Time Case Deadlines filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Leemon, Thomas) Modified event type on 6/21/2019 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 85 NOTICE of Defendants to Correct the Record Re Short Form Discovery Motion to Compel by Wright Medical Group, Wright Medical Technology re #79 MOTION to Compel The Production of Plaintiff's Explanted Medical Devices (Attachments: #1 Exhibit A - WMT 1st Set of RFPs) (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 84 Plaintiff's RESPONSE to Motion re #79 MOTION to Compel The Production of Plaintiff's Explanted Medical Devices filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Exhibit 1-Initial Receipt Procedure, #2 Exhibit 2-June 7, 2018 Email, #3 Exhibit 3-June 13, 2018 FedEx Delivery Confirmation, #4 Exhibit 4-October 11, 2018 Email, #5 Text of Proposed Order)(Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
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Filing 83
ORDER granting #80 Motion for Admission Pro Hac Vice of Anne A. Gruner for Wright Medical Group,Anne A. Gruner for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 5/23/2019. (jds) [Transferred from utd on 8/26/2020.]
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Filing 82
ORDER granting #78 Motion for Admission Pro Hac Vice of J. Scott Kramer for Wright Medical Group,J. Scott Kramer for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 5/23/2019. (jds) [Transferred from utd on 8/26/2020.]
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Filing 81
MEMORANDUM DECISION AND ORDER granting #67 Defendants short form discovery motion; denying Plaintiffs two short form discovery motions and #73 and #75 . Signed by Magistrate Judge Paul M. Warner on 5/22/2019. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 80 MOTION for Admission Pro Hac Vice of Anne A. Gruner , Registration fee $ 250, receipt number 1088-3281375, filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for PHV A Gruner, #2 Text of Proposed Order Order Granting PHV)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 79 MOTION to Compel The Production of Plaintiff's Explanted Medical Devices filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Stipulated Agreement, #2 Exhibit B - Conferral Emails, #3 Exhibit C - Truman Report, #4 Exhibit D - Conelissen Tunquist Report, #5 Exhibit E - Emails, #6 Text of Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS SHORT FORM DISCOVERY MOTION TO COMPEL THE PRODUCTION OF PLAINTIFFS EXPLANTED MEDICAL DEVICES) Motions referred to Paul M. Warner.(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 78 MOTION for Admission Pro Hac Vice of J. Scott Kramer , Registration fee $ 250, receipt number 1088-3277986, filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for PHV J Scott Kramer, #2 Text of Proposed Order Order Granting PHV)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 77 Defendant's MEMORANDUM in Opposition re #75 MOTION for Discovery and Memorandum in Support Plaintiff Dale Burningham's Discovery Motion Pursuant to F.R.C.P. 36(a)(6), F.R.C.P. 37(a)(5) and DUCivR 37-1(a)(3) Re: Defendant Wright Medical Technology, Inc.'s Answers to Plaintiff' filed by Defendant Wright Medical Technology. (Attachments: #1 Exhibit A - WMT Obj_Resp to 1st Reqs for Admissions, #2 Exhibit B - Class 1 Device Recall Profemur Plus, #3 Exhibit Class 3 Device Recall Conserve Cups)(McOmber, Elisabeth) Modified docket text on 4/15/2019 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 76 Defendant's RESPONSE to Motion re #73 Plaintiff's MOTION to Compel PPG Profemur Neck Fracture Documents and Memorandum in Support MOTION to Expedite and Memorandum in Support filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - MCDaniel depo excerpts, #2 Exhibit B - Samuelson depo excerpts, #3 Exhibit C - Burningham depo excerpts, #4 Exhibit D - Profemur Revision Hip System Technical Monograph, #5 Exhibit E - Transcript of Proceedings 2018 1106, #6 Text of Proposed Order Proposed Order)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 75 MOTION for Discovery and Memorandum in Support Plaintiff Dale Burningham's Discovery Motion Pursuant to F.R.C.P. 36(a)(6), F.R.C.P. 37(a)(5) and DUCivR 37-1(a)(3) Re: Defendant Wright Medical Technology, Inc.'s Answers to Plaintiff's Requests for Admission Nos. 1 through 3 filed by Plaintiff Dale Burningham. (Attachments: #1 Exhibit 1-Class 3 Device Recall Conserve Shells, #2 Exhibit 2-Class 1 Device Recall Profemur Plus CoCr Modular Neck PHAC 1254, #3 Exhibit 3-WMT Objections & Responses to 1st Set of RFA, #4 Text of Proposed Order) Motions referred to Paul M. Warner.(Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
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Filing 74
ORDER granting #72 Motion to Withdraw #69 Sealed Document and #68 Response to Motion. IT IS HEREBY ORDERED that docket nos. #68 and #69 are withdrawn and shall be stricken from the docket. Signed by Magistrate Judge Paul M. Warner on 3/28/2019. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 73 Plaintiff's MOTION to Compel PPG Profemur Neck Fracture Documents and Memorandum in Support , MOTION to Expedite and Memorandum in Support filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Exhibit 1-McDaniel Depo-Tredennick, #2 Exhibit 2-Technical Monograph, #3 Exhibit 3-WM Objections & Responses to 1st RFP, #4 Exhibit 4-Order re 11/06/2018 Discovery Hearing, #5 Exhibit 5-Special Master Report 4-Pohlod, #6 Exhibit 6-March 15, 2019 Letter from OC, #7 Text of Proposed Order) Motions referred to Paul M. Warner.(Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 72 MOTION to Withdraw #69 Sealed Document, #68 Response to Motion and Memorandum in Support filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 71 Amended RESPONSE to Motion re #67 MOTION for Protective Order filed by Plaintiffs Dale Burningham, Lana Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 70 CLERK'S NOTICE OF ERROR re #69 Sealed Document. Pursuant to DUCivR 5-3, A Motion for Leave to File Under Seal must be filed contemporaneously with the proposed sealed Document. The motion and proposed sealed Document must be filed as separate docket entries and both linked to the redacted version of the Document. The filer is directed to file a Motion for Leave to File Under Seal to accompany #69 Sealed Document. (jds) [Transferred from utd on 8/26/2020.] |
| Filing 69 STRICKEN per #74 Order - **SEALED DOCUMENT** re #67 MOTION for Protective Order filed by Plaintiffs Dale Burningham, Lana BurninghamNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 - Emails)(Leemon, Thomas) Modified docket text on 3/28/2019 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 68 STRICKEN per #74 Order - Redacted RESPONSE to Motion re #67 MOTION for Protective Order re Plaintiffs' Subpoena to MicriPort filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Exhibit 1 - Emails)(Leemon, Thomas) Modified docket text on 3/28/2019 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 67 MOTION for Protective Order filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - NOI Subp, #2 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
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Filing 66
ORDER granting #65 Motion for Amended Scheduling Order: Discovery due by 6/25/2019. Motions due by 7/23/2019. Scheduling Conference if no dispositive motions are filed, set for 7/30/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Paul M. Warner on 12/11/2018. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 65 Joint MOTION for Extension of Time re Case Deadlines filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Text of Proposed Order re Stipulated Joint Motion to Extend Case Deadlines) Motions referred to Paul M. Warner.(McOmber, Elisabeth) Modified event type on 12/11/2018 (jds). [Transferred from utd on 8/26/2020.] |
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Filing 64
Stipulated PROTECTIVE ORDER. Signed by Magistrate Judge Paul M. Warner on 11/5/2018. (jds) [Transferred from utd on 8/26/2020.]
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| Filing 63 REQUEST to Submit for Decision re #62 MOTION for Protective Order (Stipulated) filed by Defendants Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 62 MOTION for Protective Order (Stipulated) filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Text of Proposed Order Stipulated Protective Order) Motions referred to Paul M. Warner.(McOmber, Elisabeth)[Transferred from utd on 8/26/2020.] |
| Filing 61 NOTICE OF TRANSMITTAL to Supreme Court of the State of Utah. Portions of Record Necessary for Consideration of the Certified Questions sent have been sent via email. (jds) [Transferred from utd on 8/26/2020.] |
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Filing 60
ORDER granting #58 Parties Stipulated Joint Motion to Extend Case Deadlines: Discovery due by 3/27/2019. Motions due by 4/24/2019. Scheduling Conference for purposes of setting a trial date set for 4/30/2019 at 02:00 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Paul M. Warner on 4/4/2018. (jds) [Transferred from utd on 8/26/2020.]
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Filing 59
ORDER from the UT Supreme Court Pursuant to Rule 41 of UT Rules of Appellate Procedure, UT Supreme Court certification is granted. The Utah Supreme Court accepts the questions noted in the Order. Within fourteen days of the date of receipt of this order, counsel for the parties shall advise the Utah Supreme Court as to what portions of the record they believe necessary for consideration of the certified question. Following the expiration of the fourteen days, the Utah Supreme Court will request those portions of the record from the United States District Court and provide notice to the parties as to a briefing schedule. Signed by Thomas R. Lee, Associate Chief Justice on 4/2/18. (dla) [Transferred from utd on 8/26/2020.]
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| Filing 58 Joint MOTION for Extension of Time on Case Deadlines filed by Defendants Wright Medical Group, Wright Medical Technology. Motions referred to Paul M. Warner.(McOmber, Elisabeth) Modified event type on 4/4/2018 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 57 Defendant Wright Medical Technology, Inc.'s ANSWER to #53 Amended Complaint with Jury Demand filed by Wright Medical Technology.(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 56 REFILED as #57 Defendant Wright Medical Group, Inc.'s ANSWER to #53 Amended Complaint with Jury Demand filed by Wright Medical Group.(McOmber, Elisabeth) Modified on 4/10/2018 (jds). [Transferred from utd on 8/26/2020.] |
| Filing 55 ACKNOWLEDGMENT OF RECEIPT re transmittal of order certification. (jds) [Transferred from utd on 8/26/2020.] |
| Filing 54 RECEIPT from Supreme Court of Utah re Certification Order. (jds) [Transferred from utd on 8/26/2020.] |
| Filing 53 AMENDED COMPLAINT SECOND AMENDED COMPLAINT against Wright Medical Group, Wright Medical Technology with Jury Demand. filed by Dale Burningham, Lana Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
| Filing 52 NOTICE OF TRANSMITTAL - certified copies of #51 Order Certifying Questions to the Utah Supreme Court and docket report sent to Utah Supreme Court via certified mail (receipt #7003 2260 0002 0258 3455). (Attachments: #1 Order Certifying Questions to the Utah Supreme Court) (jwt) [Transferred from utd on 8/26/2020.] |
| Filing 51 Certification of Issue to State Supreme Court. Pursuant to Rule 41 of the Utah Rules of Appellate Procedure, the United States District Court for the District of Utah requests that the Utah Supreme Court answer the following questions of law: 1. Under Utah law, does the unavoidably unsafe exception to strict products liability in design defect claims recognized in Comment k to Section 402A of the Restatement (Second) of Torts apply to implanted medical devices?2. If the answer to Question 1 is in the affirmative, does the exception apply categorically to all implanted medical devices, or does the exception apply only to some devices on a case-by-case basis?3. If the exception applies on a case-by-case basis, what is the proper analysis to determine whether the exception applies?4. If the answer to Question 1 is in the affirmative, does the exception require a showing that such devices were cleared for market through the FDAs premarket approval process as opposed to the 510(k) clearance process?These issues are controlling in this matter and there appears to be no controlling Utah law. Utah R. App. P. 41(c)(1). The court acknowledges that the Utah Supreme Court may reformulate these questions. See In re W. Side Prop. Assocs., 13 P.3d 168, 17071 (Utah 2000). Signed by Judge Jill N. Parrish on 2/15/2018. (jwt) [Transferred from utd on 8/26/2020.] |
| Filing 50 NOTICE OF FILING of of Defendants' Proposed Statement of Facts and Proposed Questions for Certification re #48 Order on Motion to Dismiss for Failure to State a Claim,,,,,, Memorandum Decision,,,,,, Set Deadlines,,,,, filed by Defendants Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 49 NOTICE OF FILING of Plaintiffs' Proposed Statement of Facts and Proposed Questions for Certification re #48 Order on Motion to Dismiss for Failure to State a Claim,,,,,, Memorandum Decision,,,,,, Set Deadlines,,,,, filed by Plaintiffs Dale Burningham, Lana Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
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DOCKET TEXT ORDER. On April 24, 2017, Defendants in this action filed two motions to dismiss Plaintiffs' complaint (ECF Nos. #7 , #8 ). And on June 16, 2017, Defendants filed a request to submit those motions for decision. However, after the court's September 22, 2017 Order to Show Cause, Plaintiffs filed an amended complaint, and Defendants filed a motion to dismiss that amended complaint substantially similar to their prior motions. The court ruled on that motion on January 23, 2018 and now denies Defendant' prior motions to dismiss as moot. Signed by Judge Jill N. Parrish on 1/26/2018. No attached document. (prb) [Transferred from utd on 8/26/2020.]
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Filing 48
MEMORANDUM DECISION AND ORDER: Before the Court are Defendants' Motion to Dismiss and Motion to Strike #39 . The Court grants the Motion to Dismiss in part and grants the Motion to Strike in its entirety. 1) The Court will issue a separate order certifying to the Utah Supreme Court the issue of comment k's application to implanted medical devices in Utah. 2) The Court orders the parties to meet, confer, and submit a proposed statement of facts and proposed questions for certification. They shall submit those to the court within fourteen days of this order. If the parties cannot agree upon stipulated facts or questions for certification, they shall submit their own proposals within the same period of time. 3) The Court will defer ruling on Plaintiffs' design defect claims arising in strict liability. However, discovery may proceed on those claims. 4) Plaintiffs' breach of express warranty claim is DISMISSED WITHOUT PREJUDICE. 5) Plaintiffs' negligent misrepresentation claims are DISMISSED WITHOUT PREJUDICE. 6) Paragraphs 64-86 of the amended complaint are STRICKEN pursuant to Rule 12(f). 7) Plaintiffs shall have thirty days from entry of this order to file a second amended complaint. Signed by Judge Jill N. Parrish on 1/22/18. (dla) [Transferred from utd on 8/26/2020.]
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| Set Deadlines: The Court orders the parties to meet, confer, and submit a proposed statement of facts and proposed questions for certification. They shall submit those to the court within fourteen days of this order. If the parties cannot agree upon stipulated facts or questions for certification, they shall submit their own proposals within the same period of time. Responses due by 2/6/2018. (dla) [Transferred from utd on 8/26/2020.] |
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Filing 47
ORDER granting #45 Motion for Admission Pro Hac Vice of Ryan J. O'Neil for Wright Medical Group,Ryan J. O'Neil for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 11/22/2017. (jds) [Transferred from utd on 8/26/2020.]
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Filing 46
ORDER granting #44 Motion for Admission Pro Hac Vice of Sean K. Burke for Wright Medical Group,Sean K. Burke for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 11/22/2017. (jwt) [Transferred from utd on 8/26/2020.]
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| Filing 45 MOTION for Admission Pro Hac Vice of Ryan J. O'Neil , Registration fee $ 250, receipt number 1088-2888140, filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice of R O'Neil, #2 Exhibit ECF Form of R O'Neil, #3 Text of Proposed Order Proposed Order Granting PHV of R O'Neil)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 44 MOTION for Admission Pro Hac Vice of Sean K. Burke , Registration fee $ 250, receipt number 1088-2888126, filed by Defendants Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice of Sean K. Burke, #2 Exhibit B - CM ECF form for Sean K. Burke, #3 Text of Proposed Order Proposed Order Granting PHV of S Burke)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 43 REPLY to Response to Motion re #39 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (to Dismiss Plaintiffs' First Amended Complaint and to Strike Immaterial Pleadings) filed by Defendants Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 42 RESPONSE to Motion re #39 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (to Dismiss Plaintiffs' First Amended Complaint and to Strike Immaterial Pleadings) filed by Plaintiffs Dale Burningham, Lana Burningham. (Leemon, Thomas) [Transferred from utd on 8/26/2020.] |
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Filing 41
ORDER granting #40 Motion for Admission Pro Hac Vice of Thomas R. Leemon for Dale Burningham,Thomas R. Leemon for Lana Burningham. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 10/19/17. (dla) [Transferred from utd on 8/26/2020.]
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| Filing 40 MOTION for Admission Pro Hac Vice of Thomas R. Leemon , Registration fee $ 250, receipt number 1088-2865269, filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order)(Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 39 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (to Dismiss Plaintiffs' First Amended Complaint and to Strike Immaterial Pleadings) filed by Defendants Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 37 Defendants' Brief Regarding Certification of Questions to The Utah Supreme Court BRIEF re #33 Order, Set Deadlines,, filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 36 Plaintiffs' Additional Briefing Related to Issues Identified in September 22, 2017 Order BRIEF re #33 Order, Set Deadlines,, filed by Plaintiffs Dale Burningham, Lana Burningham. (McLaughlin, George) [Transferred from utd on 8/26/2020.] |
| Filing 35 RESPONSE TO ORDER TO SHOW CAUSE re #32 Order to Show Cause, filed by Dale Burningham, Lana Burningham. (McLaughlin, George) [Transferred from utd on 8/26/2020.] |
| Filing 34 AMENDED COMPLAINT against Wright Medical Group, Wright Medical Technology with Jury Demand. Removed Defendants: Harlan C. Amstutz, M.D.. filed by Dale Burningham, Lana Burningham. (McLaughlin, George) [Transferred from utd on 8/26/2020.] |
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Filing 33
ORDER REQUESTING ADDITIONAL BRIEFING. The parties are ORDERED to respond with written memoranda addressing the issues stated in the Order. Responses are due by Tuesday, 10/3/2017 at 5:00 p.m. and shall not exceed 10 pages. Signed by Judge Jill N. Parrish on 9/26/17. (dla) [Transferred from utd on 8/26/2020.]
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| Set Deadlines: Responses due by 10/3/2017. (dla) [Transferred from utd on 8/26/2020.] |
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Filing 32
ORDER TO SHOW CAUSE- Plaintiffs are hereby ORDERED to show cause why their complaint should not be dismissed for lack of subject matter jurisdiction under 28 U.S.C. Section 1332. Alternatively, Plaintiffs may amend their complaint or voluntarily withdraw the action from the federal docket. Plaintiffs are to respond accordingly by Friday, 9/29/2017. Signed by Judge Jill N. Parrish on 9/22/17. (dla) [Transferred from utd on 8/26/2020.]
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| Set Deadlines: Response to Show Cause Order due by 9/29/2017. (dla) [Transferred from utd on 8/26/2020.] |
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Filing 31
SCHEDULING ORDER: Amended Pleadings due by 8/11/2017. Joinder of Parties due by 8/11/2017. Discovery due by 9/28/2018. Motions due by 10/26/2018. Schedulingconference for purposes of setting a trial date, if needed, set on 11/1/2018 at 02:30 PM in Rm 8.200 before Judge Jill N. Parrish. Signed by Magistrate Judge Evelyn J. Furse on 7/11/2017. (jds) [Transferred from utd on 8/26/2020.]
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| NOTICE VACATING Initial Pretrial Conference set for 7/12/2017 at 11:00 AM before Judge Evelyn J. Furse. Per #30 REPORT OF ATTORNEY PLANNING MEETING the hearing is vacated. (Notice generated by IPT Clerk) (jds) [Transferred from utd on 8/26/2020.] |
| Filing 30 REPORT OF ATTORNEY PLANNING MEETING. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
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Filing 29
ORDER granting #26 Motion for Admission Pro Hac Vice of Solomon David,Dana J. Ash for Wright Medical Group,Solomon David,Dana J. Ash for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting #27 Motion for Admission Pro Hac Vice of Solomon David,Dana J. Ash for Wright Medical Group,Solomon David,Dana J. Ash for Wright Medical Technology. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 6/27/17. (Attachments: #1 PHV - David) (jlw) [Transferred from utd on 8/26/2020.]
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| Filing 28 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #23 filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 27 MOTION for Admission Pro Hac Vice of Dana J Ash , Registration fee $ 250, receipt number 1088-2784379, filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - CM-ECF Form, #3 Text of Proposed Order Proposed Order)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 26 MOTION for Admission Pro Hac Vice of Solomon David , Registration fee $ 250, receipt number 26391l03, filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (Attachments: #1 Exhibit A - Application for Admission PHV, #2 Exhibit B - CM-ECF Form, #3 Text of Proposed Order Proposed Order)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 25 REPORT OF ATTORNEY PLANNING MEETING. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
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Filing 24
ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 6/20/17. (ss) [Transferred from utd on 8/26/2020.]
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Filing 23
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 6/20/17. (ss) [Transferred from utd on 8/26/2020.]
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| Filing 22 REQUEST to Submit for Decision re #8 MOTION to Dismiss and Memorandum in Support , #7 MOTION to Dismiss and Memorandum in Support (Plaintiffs' Complaint) MOTION to Strike and Memorandum in Support (Immaterial Pleadings) Oral Argument Requested filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 21 REPLY to Response to Motion re #8 MOTION to Dismiss and Memorandum in Support , #7 MOTION to Dismiss and Memorandum in Support (Plaintiffs' Complaint) MOTION to Strike and Memorandum in Support (Immaterial Pleadings) filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
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Filing 20
ORDER granting #19 Motion for Admission Pro Hac Vice of George E. McLaughlin for Dale Burningham,George E. McLaughlin for Lana Burningham. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 6/12/17. (jlw) [Transferred from utd on 8/26/2020.]
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| Filing 19 Plaintiff's MOTION for Admission Pro Hac Vice of George E. McLaughlin , Registration fee $ 250, receipt number 1088-2773052, filed by Plaintiffs Dale Burningham, Lana Burningham. (Attachments: #1 Text of Proposed Order)(Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 18 RESPONSE to Motion re #7 MOTION to Dismiss and Memorandum in Support (Plaintiffs' Complaint) MOTION to Strike and Memorandum in Support (Immaterial Pleadings) filed by Plaintiffs Dale Burningham, Lana Burningham. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 17 RESPONSE to Motion re #8 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Dale Burningham, Lana Burningham. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 16 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is no longer eligible for magistrate assignment. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las) [Transferred from utd on 8/26/2020.] |
| Filing 15 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #9 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) [Transferred from utd on 8/26/2020.] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 13 RECEIVED Consent/Reassignment Form from Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. (las) [Transferred from utd on 8/26/2020.] |
| Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 7/12/2017 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) [Transferred from utd on 8/26/2020.] |
| Filing 11 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) [Transferred from utd on 8/26/2020.] |
| Filing 10 NOTICE OF ADR, e-mailed or mailed to Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology, Plaintiffs Dale Burningham, Lana Burningham. (las) [Transferred from utd on 8/26/2020.] |
| Filing 9 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology, Plaintiffs Dale Burningham, Lana Burningham. Form due by 5/10/2017. (las) [Transferred from utd on 8/26/2020.] |
| Filing 8 MOTION to Dismiss and Memorandum in Support filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D.. (McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 7 MOTION to Dismiss and Memorandum in Support (Plaintiffs' Complaint), MOTION to Strike and Memorandum in Support (Immaterial Pleadings) filed by Defendants Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology. Attorney Elisabeth M. McOmber added to party Harlan C. Amstutz(pty:dft), Attorney Elisabeth M. McOmber added to party Harlan C. Amstutz, M.D.(pty:dft), Attorney Elisabeth M. McOmber added to party Wright Medical Group(pty:dft), Attorney Elisabeth M. McOmber added to party Wright Medical Technology(pty:dft)(McOmber, Elisabeth) [Transferred from utd on 8/26/2020.] |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Dale Burningham, Lana Burningham as to Wright Medical Technology Waiver sent on 2/21/2017, answer due 4/24/2017. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Dale Burningham, Lana Burningham as to Wright Medical Group Waiver sent on 2/21/2017, answer due 4/24/2017. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Dale Burningham, Lana Burningham as to Harlan C. Amstutz Waiver sent on 2/21/2017, answer due 4/24/2017. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 3 WAIVER OF SERVICE Returned Executed filed by Dale Burningham, Lana Burningham as to Harlan C. Amstutz, M.D. Waiver sent on 2/21/2017, answer due 4/24/2017. (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 2 COMPLAINT against Harlan C. Amstutz, Harlan C. Amstutz, M.D., Wright Medical Group, Wright Medical Technology (Filing fee $ 400, receipt number 1088-2693137) filed by Dale Burningham, Lana Burningham. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Stewart, Brian) [Transferred from utd on 8/26/2020.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiffs Dale Burningham, Lana Burningham is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mms) [Transferred from utd on 8/26/2020.] |
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