Timothy Sinskey et al v. Wright Medical Technology, Inc.
| Timothy Sinskey and Marilyn Sinskey |
| Wright Medical Technology, Inc. |
| 2:2020cv04749 |
| May 28, 2020 |
| US District Court for the Central District of California |
| Patricia A Donahue |
| Patricia Donahue |
| Michael W Fitzgerald |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 36 REPLY in Support of Motion NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #27 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Attachments: #1 Exhibit Joint Motion to Enter Stipulation to Stay Proceedings, #2 Exhibit Joint Motion To Enter Stipulation To Stay Proceedings, #3 Exhibit Email July 10, 2020 Email Correspondence Between Counsel For Defendant And Counsel For Plaintiffs, #4 Exhibit Email June 4, 2020 Email Correspondence Between Counsel For Defendant And Counsel For Plaintiffs)(Pope, Neal) |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 Plaintiffs' Response in Opposition to Defendant's Partial Motion to Dismiss filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Pope, Neal) |
Filing 34
ORDER by Judge Michael W. Fitzgerald. The Notice of Plaintiffs' Motion for Leave to File Response to Defendant's Motion for Partial Dismissal #32 filed 7/22/2020 is STRICKEN as improperly filed. The Court ORDERS Plaintiffs to properly e-file their late Opposition to Defendant's Motion to Dismiss #26 by 5:00pm on 7/23/2020. Defendant's Reply, if any, may be filed no later than 7/30/2020. The hearing on the pending Motion to Dismiss #26 and Motion to Stay Case #27 remains set for 8/10/2020 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests. Filer used incorrect event therefore did not properly set the Motion for hearing, however pleading shows a date of August 24, 2020 at 10:00 a.m. 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. (iv) |
| Filing 32 ***STRICKEN*** per 34 NOTICE of Plaintiffs' Motion for Leave to File Response to Defendant's Motion for Partial Dismissal filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Attachments: #1 Memorandum, #2 Exhibit, #3 Proposed Order)(Pope, Neal) Modified on 7/23/2020 (smom). |
| Filing 31 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action #26 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) |
| Filing 30 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #27 filed by Defendant Wright Medical Technology, Inc.. (Van Dyke, David) |
| Filing 29 Amendment to NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation #27 Plaintiffs' Notice of Scrivener's Errors and Amended Motion to Stay Pending Ruling on Motion to Transfer by Judicial Panel on MultiDistrict Litigation filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Pope, Neal) |
| Filing 28 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. The Court CONTINUES the hearing on Defendant Wright Medical Technology, Inc.'s MOTION TO DISMISS FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION #26 from 8/3/2020 to 8/10/2020 at 10:00am, to be heard with Plaintiffs' Motion to Stay Case #27 . The 8/10/2020 hearing date shall govern the briefing schedule for both Motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY |
| Filing 27 NOTICE OF MOTION AND MOTION to Stay Case pending Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation filed by plaintiff Marilyn Sinskey, Timothy Sinskey. Motion set for hearing on 8/10/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Motion to Stay, #2 Exhibit Exhibits 1-14, #3 Proposed Order Proposed Order) (Pope, Neal) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Fourth, Fifth, and Sixth Causes of Action filed by Defendant Wright Medical Technology, Inc.. Motion set for hearing on 8/3/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A to Points and Authorities, #3 Proposed Order, #4 Proof of Service) (Van Dyke, David) |
| Filing 25 STIPULATION Extending Time to Answer the complaint as to Wright Medical Technology, Inc. answer now due 7/2/2020, re Complaint (Attorney Civil Case Opening), #1 filed by defendant Wright Medical Technology, Inc..(Van Dyke, David) |
| Filing 24 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Timothy Sinskey, Marilyn Sinskey, upon Defendant Wright Medical Technology, Inc. served on 6/9/2020, answer due 6/30/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Pope, Neal) |
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Filing 23
ORDER by Judge Michael W. Fitzgerald: granting #16 Non-Resident Attorney Michael J. Blakely, Jr. APPLICATION to Appear Pro Hac Vice on behalf of Marilyn Sinskey and Timothy Sinskey, designating Christopher P Yuhl as local counsel. (lom)
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Filing 22
ORDER by Judge Michael W. Fitzgerald: granting #17 Non-Resident Attorney Neal Kirkland Pope APPLICATION to Appear Pro Hac Vice on behalf of Marilyn Sinskey and Timothy Sinskey, designating Christopher P Yuhl as local counsel. (lom)
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| Filing 21 CORPORATE DISCLOSURE STATEMENT filed by Defendant Wright Medical Technology, Inc. identifying Wright Medical Group, Inc. as Corporate Parent. (Attachments: #1 Exhibit A)(Van Dyke, David) |
| Filing 20 NOTICE of Appearance filed by attorney David C Van Dyke on behalf of Defendant Wright Medical Technology, Inc. (Attorney David C Van Dyke added to party Wright Medical Technology, Inc.(pty:dft))(Van Dyke, David) |
| Filing 19 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636351) #16 . 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. (Thrasher, Lupe) |
| Filing 18 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Wright Medical Technology, Inc. (iv) |
| Filing 17 Corrected APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636492) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 16 Corrected APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400.00 Previously Paid on 6/1/2020, Receipt No. 26636351) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 15 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 14 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #8 , #9 . The following error(s) was found: The case number and/or judge(s) initials are missing. The date and signature line must be left blank. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Applications to Appear Pro Hac Vice #10 , #11 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by June 12, 2020. (iv) |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636492) #11 , APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636351) #10 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state courts to which the applicant has been admitted are not listed. (Thrasher, Lupe) |
| Filing 11 **STRICKEN** APPLICATION of Non-Resident Attorney Neal Kirkland Pope to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636492) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) Modified on 6/2/2020 Per Response #13 (iv). |
| Filing 10 **STRICKEN** APPLICATION of Non-Resident Attorney Michael J. Blakely, Jr. to Appear Pro Hac Vice on behalf of Plaintiffs Marilyn Sinskey, Timothy Sinskey (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26636351) filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) Modified on 6/2/2020 Response #13 (iv). |
| Filing 9 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 8 Request for Clerk to Issue Summons on Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Certificate/Notice of Interested Parties #3 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Wright Medical Technology, Inc. (lh) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Patricia A. Donahue. (lh) |
| Filing 4 Request for Clerk to Issue Summons on Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Yuhl, Christopher) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Marilyn Sinskey, Timothy Sinskey. (Yuhl, Christopher) |
| Filing 1 COMPLAINT Receipt No: ACACDC-26599819 - Fee: $400, filed by Plaintiffs Timothy Sinskey, Marilyn Sinskey. (Attorney Christopher P Yuhl added to party Marilyn Sinskey(pty:pla), Attorney Christopher P Yuhl added to party Timothy Sinskey(pty:pla))(Yuhl, Christopher) |
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