Bradley v. Schmalzried, M.D. et al
| William Bradley |
| Thomas P. Schmalzried, M.D., Thomas P. Schmalzried, M.D., A Professional Corporation, Pinnacle West Orthopaedics, Inc., Gregory T. Switzer, Aimee Anselmo, Medical Device Business Services, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson and DePuy Orthopaedics, Inc. |
| 4:2022cv00414 |
| January 21, 2022 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Sallie Kim |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.
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Filing 43
Received Acknowledgment Letter from San Francisco Superior Court. (dhm, COURT STAFF) (Filed on 8/3/2022)
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Filing 42
Remark Pursuant to an order remanding the case to your court, please find enclosed a certified copy of docket entries and the remand order. (cv, COURT STAFF) (Filed on 7/13/2022)
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Filing 41
ORDER GRANTING #15 MOTION TO REMAND AND DENYING REQUEST FOR ATTORNEYS FEES. Signed by Judge Haywood S. Gilliam, Jr. on 7/13/2022. (bns, COURT STAFF) (Filed on 7/13/2022)
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Filing 40
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN THIRTY DAYS filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Pinnacle West Orthopaedics, Inc., Gregory T. Switzer. (Choi, William) (Filed on 6/22/2022)
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Filing 39
NOTICE of Appearance by Kelley Spencer Olah as counsel for Defendants Medical Device Business Services, Inc. f/k/a DePuy Orthopaedics, Inc.; DePuy Synthes Sales, Inc.; Johnson & Johnson Services, Inc.; Johnson & Johnson; Pinnacle West Orthopaedics, Inc.; and Gregory T. Switzer (Olah, Kelley) (Filed on 6/2/2022)
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Filing 38
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #18 motion to remand filings under submission. The hearing previously scheduled for today, June 2nd at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 6/2/2022)
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Filing 37
ORDER by Hon. Haywood S. Gilliam, Jr. DENYING Dkt. No. #9 the motion to stay proceedings, in light of the Judicial Panel on Multidistrict Litigation's ruling that, given the age of the MDL, transfer of this action to MDL No. 2244 is unnecessary to achieve the just and efficient conduct of this litigation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 6/1/2022)
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Filing 36
ORDER VACATING CONDITIONAL TRANSFER ORDERS by MDL Panel on 6/1/2022. (wsn, COURT STAFF) (Filed on 6/1/2022)
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Filing 35
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN THIRTY DAYS filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Pinnacle West Orthopaedics, Inc., Gregory T. Switzer. (Choi, William) (Filed on 5/25/2022)
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Filing 34
CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #9 motion to stay proceeding filings under submission. The hearing previously scheduled for May 5, 2022 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/22/2022)
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Filing 33
ORDER by Judge Haywood S. Gilliam, Jr. Granting #32 Motion for Pro Hac Vice for Cowgill, Michael. (ndr, COURT STAFF) (Filed on 4/20/2022)
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Filing 32
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17103322.) filed by William Bradley. (Attachments: #1 Exhibit Certificate of Good Standing)(Cowgill, Michael) (Filed on 4/20/2022)
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Filing 31
CLERK'S NOTICE RE DOCKET NO. #9 . Notice is hereby given that the hearing on the motion set for May 5, 2022 will be held in-person before Judge Haywood S. Gilliam, Jr. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/15/2022)
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Filing 30
REPLY (re #18 AMENDED NOTICE OF MOTION AND MOTION to Remand Action to State Court ) filed byWilliam Bradley. (Attachments: #1 Declaration of Robert M. Partain, Esq. in Support of Plaintiff Bradleys Reply to Defendants Opposition to Plaintiffs Motion for Remand Action to State Court)(Partain, Robert) (Filed on 3/15/2022)
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Filing 29
OPPOSITION/RESPONSE (re #18 AMENDED NOTICE OF MOTION AND MOTION to Remand Action to State Court ) filed byDepuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Gabrielle J. Anderson-Thompson, #2 Proposed Order Denying Plaintiff's Motion to Remand)(Anderson-Thompson, Gabrielle) (Filed on 3/8/2022)
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Filing 28
ORDER Granting #13 Proposed Consent Order Granting Substitution of Attorney. Attorney Robert M. Partain for William Bradley added. Signed by Judge Haywood S. Gilliam, Jr. on 2/18/2022. (ndr, COURT STAFF) (Filed on 2/18/2022)
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Filing 27
ORDER Granting #12 Proposed Consent Order Granting Substitution of Attorney. Attorney Mike M. Arias for William Bradley added. Attorney Brian Doster Chase; Tom G. Antunovich and Tomislav George Antunovich terminated. Signed by Judge Haywood S. Gilliam, Jr. on 2/18/2022. (ndr, COURT STAFF) (Filed on 2/18/2022)
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Filing 26
REPLY (re #9 MOTION to Stay Proceedings ) filed byDepuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Gabrielle J. Anderson-Thompson)(Anderson-Thompson, Gabrielle) (Filed on 2/15/2022)
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Hearing Terminated, See Docket No. 25 . (bns, COURT STAFF) (Filed on 2/15/2022) Modified on 2/15/2022 (bns, COURT STAFF).
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Filing 25
ORDER by Hon. Haywood S. Gilliam, Jr. VACATING the case management conference previously scheduled for April 26, 2022. The Court further CONTINUES Defendants' deadline to respond to the first amended complaint to May 27, 2022. This terminates Dkt. No. #21 . (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 2/14/2022)
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Filing 24
ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Stipulation to Extend Briefing Schedule on Plaintiff's #18 Motion to Remand. (bns, COURT STAFF) (Filed on 2/14/2022)
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Filing 23
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #22 . The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should include Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 2/14/2022)
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Filing 22
STIPULATION WITH PROPOSED ORDER to Extend Briefing Schedule on Plaintiff's Motion to Remand filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Declaration of Gabrielle J. Anderson-Thompson)(Anderson-Thompson, Gabrielle) (Filed on 2/14/2022)
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Filing 21
STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to First Amended Complaint and Continue the Initial Case Management Conference, Along with All Related Deadlines, Pending Resolution of Defendants' Motion to Stay and Plaintiff's Motion to Remand filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Pinnacle West Orthopaedics, Inc., Gregory T. Switzer. (Attachments: #1 Declaration of Gabrielle J. Anderson-Thompson, #2 Proposed Order)(Anderson-Thompson, Gabrielle) (Filed on 2/14/2022)
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Reset Deadlines as to #18 AMENDED NOTICE OF MOTION AND MOTION to Remand Action to State Court, See Docket No. #24 : Responses due by 3/8/2022. Replies due by 3/15/2022. (bns, COURT STAFF) (Filed on 2/14/2022)
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Filing 20
ORDER by Judge Haywood S. Gilliam, Jr. Denying #19 Ex Parte Application to Specially Set the Hearing on #15 Motion For Remand. (ndr, COURT STAFF) (Filed on 2/10/2022)
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Set Hearing as to #15 MOTION to Remand Action to State Court, See Docket No. #18 : Motion Hearing set for 6/2/2022 02:00 PM before Judge Haywood S. Gilliam Jr. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person. (ndr, COURT STAFF) (Filed on 2/9/2022)
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Filing 19
Ex Parte Application re #15 MOTION to Remand Action to State Court Plaintiffs Application to Specially Set the Hearing on Motion For Remand filed by William Bradley. (Attachments: #1 Declaration of Robert Partain, Esq., #2 Proposed Order Granting Plaintiffs Ex Parte Application to Special set Hearing on Motion for Remand)(Partain, Robert) (Filed on 2/9/2022)
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Filing 18
AMENDED NOTICE OF MOTION AND MOTION to Remand Action to State Court re #15 MOTION to Remand Action to State Court filed by William Bradley. (Related document(s) #15 ) (Partain, Robert) (Filed on 2/9/2022) Modified on 2/10/2022 . Incorrect event selected. (dhm, COURT STAFF).
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Filing 17
CLERK'S NOTICE TO COUNSEL RE DOCKET NOS. #12 AND #13 . All future filings should reflect the case number as 4:22-cv-00414-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 2/8/2022)
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Filing 16
CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #15 motion to remand. Hearing date of March 17, 2022, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. March 17 was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be filed after the motion is re-noticed. And if granted, the Court will advance the hearing date.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 2/8/2022)
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Filing 15
MOTION to Remand Action to State Court filed by William Bradley. Motion Hearing set for 3/17/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/22/2022. Replies due by 3/1/2022. (Attachments: #1 Memorandum of Points and Authorities in Support of Plaintiff Bradleys Motion, #2 Declaration of Robert Partain, Esq.)(Partain, Robert) (Filed on 2/7/2022)
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Filing 14
OPPOSITION/RESPONSE (re #9 MOTION to Stay Proceedings ) Opposition to Defendants' Motion to Stay Proceedings filed byWilliam Bradley. (Attachments: #1 Declaration of Robert Partain, Esq. in Support of Plaintiffs Opposition, #2 Proposed Order)(Partain, Robert) (Filed on 2/7/2022)
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Filing 13
Consent and Proposed Order Granting Substitution of Attorney by Tom G. Antunovich re Robert Merrill Partain (Antunovich, Tom) (Filed on 2/7/2022) Modified text on 2/18/2022 (dhm, COURT STAFF).
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Filing 12
Consent and Proposed Order Granting Substitution of Attorney by Tom G. Antunovich re Michel Montalban Arias (Antunovich, Tom) (Filed on 2/7/2022) Modified text on 2/18/2022 (dhm, COURT STAFF).
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Filing 11
CERTIFICATE OF SERVICE by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. of Notice to Adverse Party of Removal to Federal Court (Anderson-Thompson, Gabrielle) (Filed on 2/4/2022)
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Filing 10
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT BY NOT MORE THAN THIRTY DAYS filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Pinnacle West Orthopaedics, Inc., Gregory T. Switzer. (Anderson-Thompson, Gabrielle) (Filed on 1/26/2022)
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Filing 9
MOTION to Stay Proceedings filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. Motion Hearing set for 5/5/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 2/8/2022. Replies due by 2/15/2022. (Attachments: #1 Proposed Order Granting Defendants' Motion to Stay Proceedings)(Anderson-Thompson, Gabrielle) (Filed on 1/25/2022)
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Filing 8
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for April 26, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Given the ongoing COVID-19 pandemic, the parties will be advised closer to hearing whether it will take place telephonically or in person. Case Management Statement due by April 19, 2022. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-00414-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 1/25/2022)
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 1/25/22. (as, COURT STAFF) (Filed on 1/25/2022)
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Filing 6
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. (mkl, COURT STAFF) (Filed on 1/24/2022)
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Filing 5
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc... (Anderson-Thompson, Gabrielle) (Filed on 1/21/2022)
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Filing 4
Certificate of Interested Entities by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderson-Thompson, Gabrielle) (Filed on 1/21/2022)
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Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/18/2022. Initial Case Management Conference set for 4/25/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (cv, COURT STAFF) (Filed on 1/21/2022)
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Filing 2
Case assigned to Magistrate Judge Sallie Kim. 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 2/4/2022. (cv, COURT STAFF) (Filed on 1/21/2022)
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Filing 1
NOTICE OF REMOVAL from San Francisco Superior Court. Their case number is JCCP 4662. (Filing fee $402 receipt number ACANDC-16827980). Filed byMedical Device Business Services, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Thomas P. Schmalzried, M.D., #2 Exhibit 2 - Declaration of Gregory T. Switzer, #3 Exhibit 3 - Complaint, #4 Civil Cover Sheet)(Anderson-Thompson, Gabrielle) (Filed on 1/21/2022)
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