Bowen v. DePuy Synthes Products, Inc.
| Daniel Bowen |
| DePuy Synthes Products, Inc. |
| 3:2023cv05364 |
| October 19, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 CONDITIONAL TRANSFER ORDER (CTO-330) by MDL Panel on 11/2/2023. (wsn, COURT STAFF) (Filed on 11/28/2023) |
| Case transferred to Northern District of Ohio. Opened as case 1:23-dp-20025. (wsn, COURT STAFF) (Filed on 11/28/2023) Modified on 11/29/2023 (wsn, COURT STAFF). |
| Filing 14 MOTION to Stay Proceedings Pending Transfer to MDL No. 2197 - In Re: Depuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation filed by DePuy Synthes Products, Inc.. Responses due by 12/11/2023. Replies due by 12/18/2023. (Attachments: #1 Memorandum of Law In Support of Defendant's Motion to Stay Proceedings Pending Transfer to MDL No. 2197 - In Re: Depuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, #2 Declaration of Emily M. Weissenberger In Support of Defendant's Motion to Stay Proceedings Pending Transfer to MDL No. 2197 - In Re: Depuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, #3 Proposed Order Granting Defendant's Motion to Stay Proceedings Pending Transfer to MDL No. 2197 - In Re: Depuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation)(Weissenberger, Emily) (Filed on 11/27/2023) |
| Filing 13 ***** DISREGARD FILED IN ERROR *****ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Rita F. Lin in the San Francisco Division for all further proceedings.. All future filings shall bear the initials RFL immediately after the case number.. All case management conference dates are vacated and will be reset by the Court.#. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. All pending motions (regardless of whether they are presently scheduled for hearing) must be RENOTICED for hearing before Judge Lin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule.4. Deadlines for ADR compliance and discovery cutoffs remain unchanged.5. All pretrial conference and trial dates currently set for after March 4, 2024, and all other deadlines associated with the case, will remain in place unless otherwise ordered.6. All pretrial conference and trial dates scheduled on or before March 4, 2024, are vacated. Other pretrial deadlines (eg., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases.7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. Each party is expected to review and become familiar with all applicable standing orders and scheduling notes.9. On or before December 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address the following items in the following order:a.Date Filed: The date the case was filed; b.Parties: A list or description of each party; c.Claims: A summary of all claims, counter-claims, cross-claims, or third party claims; d.Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute; e.Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions;f.Relief: A description of the relief sought and the damages claimed with an explanation as to how damages have been (or will be) computed; g.Discovery: The status of discovery, including any significant discovery management issues, as well as any limits or cutoff dates; h.Related Cases: The status, case name, and case number of any related cases or proceedings pending before another judge of this court, or before another court or administrative body;i.1Procedural History: A procedural history of the case, including any previous motions that were decided or submitted, any ADR proceedings or settlement conferences that have been scheduled or concluded, any appellate proceedings that are pending or concluded, and any previous referral to a magistrate judge; j.Deadlines: A description of any other deadlines in place before reassignment, including those for ADR, dispositive motions, pretrial conferences, and trials; k.Any modification of deadlines: Any requested modification of these dates, and the reasons for the request; 2l.Consent to Magistrate: Whether the parties will consent to a magistrate judge for trial; andm.Emergency: Whether there exists an immediate need for a case management conference to be scheduled in the action, and why the parties believe such a need exists.10. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6.11. The assigned judge participates in the Cameras in the Courtroom Pilot Project. Hearings and trials in any civil case assigned to a judge participating in the Pilot Project are eligible for video recording, upon request and with the consent of the parties and the presiding judge. Please see the #Northern Districts webpage about participation in the Pilot Project and 3 General Order 65 for more information. IT IS SO ORDERED.Dated: 11/27/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (kab-adi, COURT STAFF) (Filed on 11/27/2023) Modified on 11/28/2023 (kab, COURT STAFF). |
| Filing 12 NOTICE by DePuy Synthes Products, Inc. of Transfer Order to MDL No. 2197 (Attachments: #1 Exhibit 1 - Conditional Transfer Order)(Weissenberger, Emily) (Filed on 11/20/2023) |
| Filing 11 STIPULATION to Extend Time to Answer Complaint filed by DePuy Synthes Products, Inc.. (Weissenberger, Emily) (Filed on 11/6/2023) |
| Filing 10 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 1/5/2024. Initial Case Management Conference set for 1/12/2024 at 10:00 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at vccrd@cand.uscourts.gov no later than Friday, January 5, 2024 by no later than 12:00PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 11/2/2023) |
Filing 9
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 11/02/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 11/2/2023)
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| Filing 8 OBJECTIONS to Notice of Opposition (CT-330) by Daniel Bowen. (Berg, Natasha) (Filed on 11/1/2023) |
| Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejk, COURT STAFF) (Filed on 11/1/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by DePuy Synthes Products, Inc... (Weissenberger, Emily) (Filed on 11/1/2023) |
| Filing 5 CERTIFICATE OF SERVICE by DePuy Synthes Products, Inc. re #1 Notice of Removal,,,, 3 Case Assigned by Intake,, (Weissenberger, Emily) (Filed on 10/20/2023) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/11/2024. Initial Case Management Conference set for 1/8/2024 11:00 AM in San Francisco, Courtroom B, 15th Floor. (cv, COURT STAFF) (Filed on 10/20/2023) |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/2/2023. (bw, COURT STAFF) (Filed on 10/19/2023) |
| Filing 2 Certificate of Interested Entities by DePuy Synthes Products, Inc. identifying Corporate Parent Johnson & Johnson for DePuy Synthes Products, Inc.. re #1 Notice of Removal,,,, (Weissenberger, Emily) (Filed on 10/19/2023) |
| Filing 1 NOTICE OF REMOVAL Defendant DePuy Synthes Products, Inc.'s Notice of Removal from Sonoma County Superior Court. Their case number is 23CV00502. (Filing fee $402 receipt number ACANDC-18755533). Filed byDePuy Synthes Products, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Emily M. Weissenberger In Support of Defendant DePuy Synthes Products, Inc.'s Notice of Removal, #3 Exhibit A to Declaration of Emily M. Weissenberger In Support of Defendant DePuy Synthes Products, Inc.'s Notice of Removal, #4 Exhibit B to Declaration of Emily M. Weissenberger In Support of Defendant DePuy Synthes Products, Inc.'s Notice of Removal, #5 Exhibit C to Declaration of Emily M. Weissenberger In Support of Defendant DePuy Synthes Products, Inc.'s Notice of Removal, #6 Exhibit D to Declaration of Emily M. Weissenberger In Support of Defendant DePuy Synthes Products, Inc.'s Notice of Removal, #7 Certificate/Proof of Service)(Weissenberger, Emily) (Filed on 10/19/2023) |
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| Plaintiff: Daniel Bowen | |
| Represented By: | Kaitlyn D. Wright |
| Represented By: | Scott Robert Montgomery |
| Represented By: | Natasha E. Berg |
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| Defendant: DePuy Synthes Products, Inc. | |
| Represented By: | Emily Weissenberger |
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