Baker v. DePuy Orthopaedics, Inc. et al
Plaintiff: John Baker
Defendant: DePuy Orthopaedics, Inc.
Case Number: 1:2022cv02636
Filed: October 7, 2022
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: N Reid Neureiter
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332 Diversity-Medical Malpractice
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2022 Filing 33 Civil Case Terminated pursuant to the #32 Stipulation for Dismissal filed in this case. Text Only Entry. (jtorr, )
November 29, 2022 Filing 32 STIPULATION for Dismissal of Defendant Medical Device Business Services Inc., d/b/a DePuy Orthopaedics, Inc. Pursuant to Federal Rules of Civil Procedure 41(a)(1)(B) by Plaintiff John Baker. (Attachments: #1 Proposed Order (PDF Only))(Puga, James) Modified to correct text on 11/29/2022 (jtorr, ).
November 4, 2022 Opinion or Order Filing 31 ORDER by Chief Judge Philip A. Brimmer on 11/04/2022 re: #30 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss Amended Complaint Pursuant to F.R.C.P. 12(b)(6) [CM-ECF Doc. No. #27 ] is GRANTED. Defendant shall respond to #27 Defendant's Motion to Dismiss Amended Complaint Pursuant to F.R.C.P. 12(b)(6) by November 29, 2022. Text Only Entry(pabsec, )
November 4, 2022 Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss for Failure to State a Claim by Plaintiff John Baker. (Attachments: #1 Proposed Order (PDF Only))(Puga, James)
October 31, 2022 Opinion or Order Filing 29 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 31 October 2022. Proposed Scheduling Order due 1/19/2023. Scheduling Conference set for 1/26/2023 09:30 AM in Courtroom C201 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
October 28, 2022 Filing 28 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cmadr, )
October 25, 2022 Filing 27 MOTION to Dismiss for Failure to State a Claim by Defendant DePuy Orthopaedics, Inc.. (Hobbs, Eric)
October 25, 2022 Opinion or Order Filing 26 ORDER by Chief Judge Philip A. Brimmer on 10/25/2022 re: #23 Defendant's Motion to Dismiss Amended Complaint Pursuant to F.R.C.P. 12(b)(6) is STRICKEN for failure to comply with the Court's practice standards, which state that "motions... shall not exceed fifteen pages.... These page limitations include... [the] signature block, and all other matters, except the certificate of service." Practice Standards (Civil case), Chief Judge Philip A. Brimmer, II.A. Defendant may file a complying motion on or before October 26, 2022. Text Only Entry(pabsec, )
October 25, 2022 Opinion or Order Filing 25 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 10/25/2022. Text Only Entry (pabsec, )
October 25, 2022 Opinion or Order Filing 24 MINUTE ORDER by Chief Judge Philip A. Brimmer on 10/25/2022, re: #22 Response to Order to Show Cause filed by DePuy Orthopaedics, Inc. ORDERED that the Order to Show Cause, Docket No. 21, is hereby DISCHARGED. (sphil, ) Modified on 10/26/2022 to edit text. (sphil, ).
October 25, 2022 Filing 23 STRICKEN MOTION to Dismiss for Failure to State a Claim by Defendant DePuy Orthopaedics, Inc.. (Hobbs, Eric) Modified on 10/25/2022 (pabsec, ).
October 25, 2022 Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #21 by Defendant DePuy Orthopaedics, Inc.. (Hobbs, Eric)
October 20, 2022 Opinion or Order Filing 21 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 10/20/2022. ORDERED that, on or before October 31, 2022, defendant shall show cause why this case should not be remanded due to the Courts lack of subject matter jurisdiction. (sphil, ) Modified on 10/20/2022 to edit text. (sphil, ).
October 14, 2022 Filing 20 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-02636-PAB. (athom, )
October 13, 2022 Filing 19 NOTICE of Entry of Appearance by Daniel Edward Rohner on behalf of DePuy Orthopaedics, Inc.Attorney Daniel Edward Rohner added to party DePuy Orthopaedics, Inc.(pty:dft) (Rohner, Daniel)
October 13, 2022 Filing 18 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant DePuy Orthopaedics, Inc.. DePuy Orthopaedics, Inc. answer due 10/28/2022. (Hobbs, Eric)
October 10, 2022 Filing 3 NOTICE of Entry of Appearance by James Edward Puga on behalf of John BakerAttorney James Edward Puga added to party John Baker(pty:pla) (Puga, James)
October 7, 2022 Filing 17 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
October 7, 2022 Filing 16 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, )
October 7, 2022 Filing 15 STATE COURT ORDER. Order re: Stipulated Motion for Extension of Time for Defendant Medical Device Business Services inc d/b/a Depuy Orthopedics, Inc. to Answer or Otherwise Respond Granted by a Weld County District Court Judge on 9/30/2022 (norlin, )
October 7, 2022 Filing 14 STATE COURT ORDER. Order Re: Stipulated Motion for Dismissal of Defendants Banner Health d/b/a McKee Medical Center and Banner Health Clinic, Banner Health Physicians-Colorado, LLc and Eric Gardner, M.D. without Prejudice, by a Weld County District Court Judge on 9/30/2022 (norlin, )
October 7, 2022 Filing 13 STATE COURT ORDER. Order Re: Stipulated Motion for Extension of Time for All Defendants to Answer or Otherwise Respond by a Weld County District Court Judge on 9/16/2022. (norlin, )
October 7, 2022 Filing 12 STATE COURT ORDER. Order Granting Banner Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint by a Weld County District Court Judge on 9/2/2022. (norlin, )
October 7, 2022 Filing 11 STATE COURT ORDER. Order Granting Unopposed Motion for Extension of Time to Respond to Complaint by a Weld County District Court Judge on 8/22/2022. (norlin, )
October 7, 2022 Filing 10 AFFIDAVIT/RETURN of Service of Summons for Service on Defendant Eric Gardner, M.D., Complaint for Damages District Court Civil Cover Sheet upon Eric Gardner, M.D. on 7/24/2022 (norlin, )
October 7, 2022 Filing 9 STATE COURT ORDER Order Granting Unopposed Motion for Extension of Time to Resp[ond to Plaintiff's Amended Complaint by a Weld County District Court Judge on 8/3/2022. (norlin, )
October 7, 2022 Filing 8 STATE COURT ORDER. Order Granting Unopposed Motion for Extension of Time to Respond to Complaint by a Weld County District Court Judge on 8/1/2022 (norlin, )
October 7, 2022 Filing 7 AMENDED COMPLAINT for Damages and Jury Demand against DePuy Orthopaedics, Inc., Johnson & Johnson, filed by John Baker.(norlin, )
October 7, 2022 Filing 6 STATE COURT ORDER. Order Re: Plaintiff's Motion for Extension of Time to Complete Service of Process on Defendant Eric Gardner, M.D. Granted on 7/14/2022 by a Weld County District Court Judge. (norlin, )
October 7, 2022 Filing 5 AFFIDAVIT/RETURN of Service of Summons for Service, Complaint for Damages and Jury Demand, District Court Civil Cover Sheet upon Banner Health on 7/8/2022 (norlin, )
October 7, 2022 Filing 4 COMPLAINT and Jury Demand against DePuy Orthopaedics, Inc., Johnson & Johnson, filed by John Baker.(norlin, )
October 7, 2022 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Johnson & Johnson for DePuy Orthopaedics, Inc.. (Hobbs, Eric)
October 7, 2022 Filing 1 NOTICE OF REMOVAL by DePuy Orthopaedics, Inc. from Weld County District Court, Case Number 2022CV30342. (Filing fee $ 402, Receipt Number ACODC-8706284), filed by DePuy Orthopaedics, Inc.. (Attachments: #1 Exhibit A - State Court Pleading Index, #2 Exhibit A-1 Complaint with Jury Demand, #3 Exhibit A-2 Civil Case Cover Sheet, #4 Exhibit A-3 Initial Case Management Order, #5 Exhibit A-4 Affidavit of Service DePuy Orthopaedics, #6 Exhibit A-5 Affidavit of Service Banner Health dba McKee Medical Center & Banner Health Clinic, #7 Exhibit A-6 Affidavit of Service Banner Health Physicians Colorado, LLC, #8 Exhibit A-7 Affidavit of Service Johnson & Johnson, #9 Exhibit A-8 Plaintiff's Motion for Extension of Time to Complete Service of Process on Defendant Eric Gardner, M.D., #10 Exhibit A-9 Order Granting Plaintiff's Motion for Extension of Time to Complete Service of Process on Defendant Eric Gardner, M.D., #11 Exhibit A-10 Amended Complaint for Damages and Jury Demand, #12 Exhibit A-11 Defendant Depuys Unopposed Motion for Extension of Time to Respond to Complaint, #13 Exhibit A-12 Order Granting Defendant Depuys Unopposed Motion for Extension of Time to Respond to Complaint, #14 Exhibit A-13 Entry of Appearance of Traci L. Van Pelt and Jonathan J. Corrigan, #15 Exhibit A-14 Waiver of Service of Amended Complaint, #16 Exhibit A-15 Banner Defendants Unopposed Motion for Extension of Time to Respond to Amended Complaint, #17 Exhibit A-16 Order Granting Banner Defendants Unopposed Motion for Extension of Time to Respond to Amended Complaint, #18 Exhibit A-17 Affidavit of Service Eric Gardner, M.D., #19 Exhibit A-18 Defendant Depuys Unopposed Motion for Extension of Time to Respond to Amended Complaint, #20 Exhibit A-19 Order Granting Defendant Depuys Unopposed Motion for Extension of Time to Respond to Amended Complaint, #21 Exhibit A-20 Banner Defendants Second Unopposed Motion for Extension of Time to Respond to Amended Complaint, #22 Exhibit A-21 Defendant Depuys Second Unopposed Motion for Extension of Time to Respond to Amended Complaint, #23 Exhibit A-22 Order Granting Banner Defendants Second Unopposed Motion for Extension of Time to Respond to Amended Complaint, #24 Exhibit A-23 Plaintiffs Stipulated Motion for Extension of Time for All Defendants to Answer or Otherwise Respond, #25 Exhibit A-24 Order Granting Plaintiffs Stipulated Motion for Extension of Time for All Defendants to Answer or Otherwise Respond, #26 Exhibit A-25 Plaintiffs Stipulated Motion for Dismissal of Defendants Banner Health d/b/a McKee Medical Center and Banner Health Clinic, Banner Health Physicians-Colorado, LLC and Eric Gardner, M.D., Without Prejudice, #27 Exhibit A-26 Plaintiffs Stipulated Motion for Extension of Time for Defendant Medical Device Business Services Inc d/b/a DePuy Orthopaedics, Inc., to Answer or Otherwise Respond, #28 Exhibit A-27 Order Approving Stipulated Motion for Dismissal of Defendants Banner Health d/b/a McKee Medical Center and Banner Health Clinic, Banner Health Physicians-Colorado, LLC and Eric Gardner, M.D., Without Prejudice, #29 Exhibit A-28 Order Granting Plaintiffs Stipulated Motion for Extension of Time for Defendant Medical Device Business Services Inc d/b/a DePuy Orthopaedics, Inc., to Answer or Otherwise Respond, #30 Civil Cover Sheet Civil Cover Sheet)(Hobbs, Eric)

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Plaintiff: John Baker
Represented By: James Edward Puga
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Defendant: DePuy Orthopaedics, Inc.
Represented By: Eric J. Hobbs
Represented By: Daniel Edward Rohner
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