Cole et al v. Wright Medical Technology Inc
Plaintiff: Cristy Cole and Chris Cole
Defendant: Wright Medical Technology Inc
Case Number: 4:2020cv01042
Filed: August 27, 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: Plaintiff
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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 52 ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh)
August 27, 2020 Filing 51 (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 Cole et al v. Wright Medical Technology Inc, originally filed in the U.S. District Court for the USDC California Central and assigned case number 2:20-cv-03993, 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-01042-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 8/27/2020. (jbh)
August 27, 2020 Filing 50 Case electronically transferred in from U.S. District Court, District of California Central; Case Number 2:20-cv-03993. Copy of transfer order, case file, and docket sheet received.
August 26, 2020 Filing 49 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2949, transferring case to USDC, Eastern District of Arkansas and assigned to Honorable Hon Kristine G Baker. Case transferred electronically. (MD JS-6. Case Terminated.) (lom) [Transferred from cacd on 8/27/2020.]
August 7, 2020 Filing 48 ANSWER to Amended Complaint/Petition #19 JURY DEMAND. filed by defendant Wright Medical Technology Inc.(Montenegro-Urch, Mayela) [Transferred from cacd on 8/27/2020.]
July 27, 2020 Opinion or Order Filing 47 (IN CHAMBERS) Order Re: Defendant's Motion to Dismiss First Amended Complaint (DE #26 ) by Judge R. Gary Klausner: The Court DENIES Defendant's Motion to Dismiss. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp) [Transferred from cacd on 8/27/2020.]
July 22, 2020 Opinion or Order Filing 46 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Dismiss Case #26 , calendared for hearing on July 27, 2020 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from cacd on 8/27/2020.]
July 13, 2020 Filing 45 REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Wright Medical Technology Inc. (Montenegro-Urch, Mayela) [Transferred from cacd on 8/27/2020.]
July 7, 2020 Filing 44 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiffs Chris Cole, Cristy Cole. (Pope, Neal) [Transferred from cacd on 8/27/2020.]
July 7, 2020 Opinion or Order Filing 43 ORDER by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Response in Opposition to Motion #42 , for the following reasons: Single-spaced text at pages 18-19. LR 11-3.6. The opposition may be refiled by 3:00pm on 7/7/2020. (et) [Transferred from cacd on 8/27/2020.]
July 6, 2020 Filing 42 [DOCUMENT STRICKEN PER ORDER DATED ON 7/7/2020, SEE DOCKET ENTRY NO. #43 ]- OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiffs Chris Cole, Cristy Cole. (Pope, Neal) Modified on 7/7/2020 (et). [Transferred from cacd on 8/27/2020.]
June 26, 2020 Opinion or Order Filing 41 ORDER GRANTING Joint Motion to Enter Stipulation to Extend Deadlines #40 by Judge R. Gary Klausner that Plaintiffs' deadline to respond to Defendant's Motion to Dismiss is extended through 7/6/2020. Defendant's deadline to reply to Plaintiffs' Response to Defendants Motion to Dismiss is extended 7/13/2020. A hearing on Defendant's Motion to Dismiss #26 will be held on 7/27/2020. (jp) [Transferred from cacd on 8/27/2020.]
June 24, 2020 Filing 40 Joint STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiffs Chris Cole, Cristy Cole. (Attachments: #1 Proposed Order)(Pope, Neal) [Transferred from cacd on 8/27/2020.]
June 22, 2020 Opinion or Order Filing 39 DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner, re Stipulation to Stay Case pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #38 . THE STIPULATION IS DENIED. (et) [Transferred from cacd on 8/27/2020.]
June 18, 2020 Filing 38 Joint STIPULATION to Stay Case pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation filed by defendant Wright Medical Technology Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Proposed Order Proposed Order)(Hickson, Janet) [Transferred from cacd on 8/27/2020.]
June 18, 2020 Filing 37 Notice of Withdrawal of Motion to Stay Case, #35 , Text Only Scheduling Notice, 36 filed by defendant Wright Medical Technology Inc. (Hickson, Janet) [Transferred from cacd on 8/27/2020.]
June 18, 2020 Opinion or Order Filing 36 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Stay Case Pending Ruling On Motion To Transfer By Judicial Panel On Multidistrict Litigation #35 , has been placed on calendar for hearing on 7/20/2020 at 9:00 am.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from cacd on 8/27/2020.]
June 17, 2020 Filing 35 NOTICE OF MOTION AND MOTION to Stay Case pending Ruling On Motion To Transfer By Judicial Panel On Multidistrict Litigation filed by defendant Wright Medical Technology Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Proposed Order) (Hickson, Janet) [Transferred from cacd on 8/27/2020.]
June 16, 2020 Opinion or Order Filing 34 ORDER by Judge R. Gary Klausner: granting #15 Non-Resident Attorney Nel Kirkland Pope APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole, designating Christopher Yuhl as local counsel. (jp) [Transferred from cacd on 8/27/2020.]
June 16, 2020 Opinion or Order Filing 33 ORDER by Judge R. Gary Klausner: granting #21 Non-Resident Attorney Michael J Blakely, Jr., APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole, designating Christopher Yuhl as local counsel. (jp) [Transferred from cacd on 8/27/2020.]
June 15, 2020 Filing 32 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Chris Cole, Cristy Cole, upon Defendant Wright Medical Technology Inc served on 6/12/2020, answer due 7/6/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. FIRST AMENDED COMPLAINT (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
June 15, 2020 Opinion or Order Filing 31 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 10/9/2020. Scheduling Conference set for 10/19/2020 at 9:00 am. (sw) [Transferred from cacd on 8/27/2020.]
June 15, 2020 Opinion or Order Filing 30 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant's Motion to Dismiss Case #26 #27 , IS HEREBY ADVANCED TO 07/20/2020 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY [Transferred from cacd on 8/27/2020.]
June 15, 2020 Opinion or Order Filing 29 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 28 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Gail J. Standish to Judge R. Gary Klausner for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Charles F. Eick. The case number will now reflect the initials of the transferee Judges 2:20-cv-03993 RGK(Ex). (rn) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 27 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Wright Medical Technology Inc. (Attachments: #1 Proposed Order)(Montenegro, Mayela) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Wright Medical Technology Inc. Motion set for hearing on 7/29/2020 at 10:00 AM before Magistrate Judge Gail J. Standish. (Montenegro, Mayela) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 25 CERTIFICATE of Interested Parties filed by Defendant Wright Medical Technology Inc, identifying various. (Attorney Mayela Carmen Montenegro added to party Wright Medical Technology Inc(pty:dft))(Montenegro, Mayela) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 24 CORPORATE DISCLOSURE STATEMENT filed by Defendant Wright Medical Technology Inc identifying Wright Medical Group, N.V. as Corporate Parent. (Montenegro, Mayela) [Transferred from cacd on 8/27/2020.]
June 12, 2020 Filing 23 STATEMENT Non-Consent filed by Defendant Wright Medical Technology Inc re: Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #5 . (Montenegro, Mayela) [Transferred from cacd on 8/27/2020.]
June 11, 2020 Filing 22 60 DAY Summons Issued re First Amended Complaint #19 as to Defendant Wright Medical Technology Inc. (efc) [Transferred from cacd on 8/27/2020.]
June 4, 2020 Filing 21 Corrected APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400.00 Previously Paid on 5/7/2020, Receipt No. 26370819) filed by Plaintiffs Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
June 4, 2020 Filing 20 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 , Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #5 filed by Plaintiffs Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
June 1, 2020 Filing 19 FIRST AMENDED AMENDED COMPLAINT against Defendant All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Chris Cole, Cristy Cole(Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 18, 2020 Filing 18 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Chris Cole, Cristy Cole, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 11, 2020 Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, #16 . The following error(s) was/were found: Caption of document is incomplete/incorrect. Case number is incorrect or missing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (Thrasher, Lupe) [Transferred from cacd on 8/27/2020.]
May 8, 2020 Filing 16 Letter of Good Standing filed by Plaintiffs Chris Cole, Cristy Cole re: First APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26370819) #12 (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 8, 2020 Filing 15 Corrected APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400.00 Previously Paid on 5/7/2020, Receipt No. 26371692) filed by Plaintiff Chris Cole, Cristy Cole. (Attachments: #1 Proposed Order) (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 7, 2020 Filing 14 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26371692) #13 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lom) [Transferred from cacd on 8/27/2020.]
May 7, 2020 Filing 13 First APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26371692) filed by Plaintiff Chris Cole, Cristy Cole. (Attachments: #1 Proposed Order Pro Hac Vice-Pope) (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 7, 2020 Filing 12 First APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Chris Cole, Cristy Cole (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26370819) filed by Plaintiff Chris Cole, Cristy Cole. (Attachments: #1 Proposed Order Pro Hac Vice-Blakely) (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 7, 2020 Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Wright Medical Technology Inc. (efc) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 10 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 9 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael J Blakely on behalf of Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney N Kirkland Pope on behalf of Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) [Transferred from cacd on 8/27/2020.]
May 4, 2020 Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Gail J. Standish. (Attachments: #1 CV11C Statement of Consent) (et) [Transferred from cacd on 8/27/2020.]
April 30, 2020 Filing 4 Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
April 30, 2020 Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Chris Cole, Cristy Cole, (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
April 30, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Chris Cole, Cristy Cole. (Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]
April 30, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-26288352 - Fee: $400, filed by Plaintiff Chris Cole, Cristy Cole. (Attorney Christopher P Yuhl added to party Chris Cole(pty:pla), Attorney Christopher P Yuhl added to party Cristy Cole(pty:pla))(Yuhl, Christopher) [Transferred from cacd on 8/27/2020.]

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Plaintiff: Cristy Cole
Represented By: Michael J. Blakely, Jr.
Represented By: Christopher Paul Yuhl
Represented By: N. Kirkland Pope
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Plaintiff: Chris Cole
Represented By: Michael J. Blakely, Jr.
Represented By: Christopher Paul Yuhl
Represented By: N. Kirkland Pope
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Defendant: Wright Medical Technology Inc
Represented By: Mayela C. Montenegro-Urch
Represented By: Janet L. Hickson
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