Ortiz v. DePuy Orthopaedics, Inc. et al
| Donnie Ortiz |
| DePuy Orthopaedics, Inc., DePuy Products, Inc., DePuy International, Ltd., Johnson & Johnson, Johnson & Johnson Services Inc. and DOES 1-10 |
| Special Master |
| 1:2022cv03367 |
| December 30, 2022 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 102 COURTROOM MINUTES for Status Conference held on 2/6/2023 before Magistrate Judge Maritza Dominguez Braswell: Video Discovery Hearing set for 3/13/2023 02:00 PM before Magistrate Judge Maritza Dominguez Braswell (participant instructions attached). Parties shall submit a Joint Discovery Dispute Report on or before 3/8/2023. FTR: Courtroom 101. (Attachments: #1 VTC Instructions) (evaug ) |
| Filing 101 COURTROOM MINUTES for Status Conference held on 1/31/2023 before Magistrate Judge Maritza Dominguez Braswell: Status Conference set for 2/6/2023 02:30 PM before Magistrate Judge Maritza Dominguez Braswell. FTR: Courtroom 101. (Attachments: #1 VTC Instructions) (evaug ) |
| Filing 100 NOTICE of Entry of Appearance by Mary Elizabeth Hershewe on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney Mary Elizabeth Hershewe added to party DePuy International, Ltd.(pty:dft), Attorney Mary Elizabeth Hershewe added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Mary Elizabeth Hershewe added to party DePuy Products, Inc.(pty:dft), Attorney Mary Elizabeth Hershewe added to party Johnson & Johnson(pty:dft), Attorney Mary Elizabeth Hershewe added to party Johnson & Johnson Services Inc.(pty:dft) (Hershewe, Mary) |
| Filing 99 NOTICE of Entry of Appearance by Heather C. Perkins on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney Heather C. Perkins added to party DePuy International, Ltd.(pty:dft), Attorney Heather C. Perkins added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Heather C. Perkins added to party DePuy Products, Inc.(pty:dft), Attorney Heather C. Perkins added to party Johnson & Johnson(pty:dft), Attorney Heather C. Perkins added to party Johnson & Johnson Services Inc.(pty:dft) (Perkins, Heather) |
| Filing 98 NOTICE of Entry of Appearance by Christopher J. Casolaro on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney Christopher J. Casolaro added to party DePuy International, Ltd.(pty:dft), Attorney Christopher J. Casolaro added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Christopher J. Casolaro added to party DePuy Products, Inc.(pty:dft), Attorney Christopher J. Casolaro added to party Johnson & Johnson(pty:dft), Attorney Christopher J. Casolaro added to party Johnson & Johnson Services Inc.(pty:dft) (Casolaro, Christopher) |
| Filing 97 REPLY to Response to #64 MOTION in Limine (Omnibus) filed by Plaintiff Donnie Ortiz. (Sulkin, Melanie) |
| Filing 96 REPLY to Response to #57 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER CASSCELLS, M.D. (Sealed pursuant to order dated 6/20/2012) filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Murdica, James) |
| Filing 95 NOTICE re #94 Brief in Opposition to Motion,, Tender of Exhibit 8 by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc. (Attachments: #1 Exhibit 8 - Dep. of Francis H. Gannon, M.D.)(Murdica, James) |
| Filing 94 BRIEF in Opposition to #64 MOTION in Limine (Omnibus) filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Alicea ECF 80, Andrews ECF 80, Aoki ECF 77, 391, Paoli ECF 100, #2 Exhibit 2 - Aoki Trial Tr., #3 Exhibit 3 - Andrews Trial Tr., #4 Exhibit 4 - Andrews ECF 152; Alicea ECF 92, #5 Exhibit 5 - Andrews Trial Tr., #6 Exhibit 6 - Andrews Trial Tr., #7 Exhibit 7 - Aoki Trial Tr., #8 Exhibit 9 - Expert Witness Report of Francis H. Gannon, M.D., #9 Exhibit 10 - Dep. of Douglas Dennis, M.D., #10 Exhibit 11 - Expert Report of Francis H. Gannon, M.D.)(Murdica, James) |
| Filing 93 REPLY to Response to #48 MOTION to Exclude or Limit Defense Expert Opinions filed by Plaintiff Donnie Ortiz. (Sulkin, Melanie) |
| Filing 92 REPLY to Response to #53 MOTION for Partial Summary Judgment on Certain Affirmative Defenses filed by Plaintiff Donnie Ortiz. (Sulkin, Melanie) |
| Filing 91 REPLY to Response to #51 MOTION to Exclude or Limit Non-Retained Expert Witness Testimony filed by Plaintiff Donnie Ortiz. (Sulkin, Melanie) |
| Filing 90 BRIEF in Opposition to #62 MOTION in Limine (Omnibus) filed by Plaintiff Donnie Ortiz. (Sulkin, Melanie) |
| Filing 89 NOTICE of Entry of Appearance by Jessica Ann Reynolds on behalf of Donnie OrtizAttorney Jessica Ann Reynolds added to party Donnie Ortiz(pty:pla) (Reynolds, Jessica) |
Filing 88
ORDER by Chief Judge Philip A. Brimmer on 1/6/2023 re: #86 Joint Motion to Continue Responsive Briefing Deadline is DENIED. While the Court appreciates the parties' concern about the Court's Practice Standards, there does not appear to be a real need for an extension of time to complete the briefing on the motions identified in Docket No. #86 . Therefore, the parties shall file their briefs according to the deadlines established in the Northern District of Texas. For the briefs identified in the motion as not having been filed, the parties may also comply with the Northern District of Texas' local rules regarding formatting and page length or with the Court's Practice Standards, as they choose. However, for future filings, the parties shall comply with the District of Colorado's Local Rules and this Court's Practice Standards. See D.C.COLO.L.CivR; Practice Standards (Civil cases), Chief Judge Philip A. Brimmer. Text Only Entry(pabsec, )
|
|
Filing 87
MINUTE ORDER: Upon review the docket, the Court has determined that a brief status conference is necessary. Accordingly, a Status Conference is SET for January 31, 2023 at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Status Conference will be conducted entirely BY VIDEO, and all necessary parties SHALL attend by that means. Please see the attached instructions on how to participate by video means. By Magistrate Judge Maritza Dominguez Braswell on 01/06/23. Text Only Entry (mdblc2)
|
| Filing 86 Joint MOTION to Continue Responsive Briefing Deadline by Plaintiff Donnie Ortiz. (Attachments: #1 Proposed Order (PDF Only))(Sulkin, Melanie) |
|
Filing 85
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/4/2023. For all future filings, counsel is reminded that pursuant to this Court's Practice Standards, "[a]ll motions, objections (including objections to the recommendations or orders of United States Magistrate Judges), responses, and briefs shall not exceed fifteen pages. (This limit does not apply to motions for summary judgment.) Replies shall not exceed ten pages. Motions and briefs shall be combined and will be considered one paper for purposes of computing page limitations. These page limitations include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Practice Standards (Civil case), Chief Judge Philip A. Brimmer, III.A. (emphasis added). Failure to comply with the Practice Standards in future pleadings will result in those pleadings being stricken. Text Only Entry (pabsec, )
|
| Filing 84 NOTICE of Entry of Appearance by Zachary L. Wool on behalf of Donnie OrtizAttorney Zachary L. Wool added to party Donnie Ortiz(pty:pla) (Wool, Zachary) |
|
Filing 83
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell 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 1/04/2023. Text Only Entry (pabsec, )
|
| Filing 82 BRIEF in Opposition to #50 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) (previously filed with USDC NDTX on 12/30/2022, as Doc. 77, 78) filed by Plaintiff Donnie Ortiz. (Attachments: #1 Appendix)(Sulkin, Melanie) |
| Filing 81 BRIEF in Opposition to #57 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER CASSCELLS, M.D. (Sealed pursuant to order dated 6/20/2012) (previously filed with USDC NDTX on 12/30/2022, as Doc. 75, 76) filed by Plaintiff Donnie Ortiz. (Attachments: #1 Appendix)(Sulkin, Melanie) |
| Filing 80 NOTICE of Entry of Appearance by Darin L. Schanker on behalf of Donnie OrtizAttorney Darin L. Schanker added to party Donnie Ortiz(pty:pla) (Schanker, Darin) |
| Filing 79 NOTICE of Entry of Appearance by Melanie Rachael Sulkin on behalf of Donnie OrtizAttorney Melanie Rachael Sulkin added to party Donnie Ortiz(pty:pla) (Sulkin, Melanie) |
| Filing 78 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 77 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (norlin, ) |
| Filing 76 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) (norlin, ) |
| Filing 75 Case transferred in from District of Texas Northern; Case Number 3:11-cv-01597. File, transfer order and docket sheet received |
|
Filing 74
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 73 (Document Restricted) Sealed Response and Objection re: #53 Motion for Partial Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 72 (Document Restricted) Sealed Response and Objection re: #51 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 71 RESPONSE filed by Donnie Ortiz re: #49 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 70 NOTICE of After reviewing the pleadings on file including the parties' joint status reports [Dkts. 47, 65] and conducting a telephonic hearing on December 29, 2022 [Dkt. 68], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the District of Colorado pursuant to the recommendation in the parties' joint status report [Dkt. 60]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 48, 49, 50, 51, 57]; Motion for Partial Summary Judgment [Dkt. 53]; and Motions in Limine [Dkts. 62, 64]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 69 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #48 MOTION to Exclude or Limit Defense Expert Opinions (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 68 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 67 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 66
ELECTRONIC ORDER - Before the Court is Plaintiff's #38 Motion to Amend/Correct Scheduling Order. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore, this Motion is DENIED without prejudice to refile. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) Modified on 12/28/2022 (chmb). [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 65 Joint STATUS REPORT (Second) filed by DePuy International Ltd, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc, DePuy International Ltd, DePuy Products Inc, Johnson & Johnson. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 64 MOTION in Limine (Omnibus) filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 63 MOTION for their Omnibus Motion in Limine Brief to Exceed the Page Limit (Unopposed) filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 62 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 61 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 9:15 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 60 Joint STATUS REPORT filed by DePuy International Ltd, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 59 NOTICE of Attorney Appearance by Jessica Ann Reynolds on behalf of Donnie Ortiz. (Filer confirms contact info in ECF is current.) (Attachments: #1 Certificate of Good Standing) (Reynolds, Jessica) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 58 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 57 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER CASSCELLS, M.D. (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 56 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 55 Appendix in Support filed by Donnie Ortiz re #53 MOTION for Partial Summary Judgment on Certain Affirmative Defenses, #54 Brief/Memorandum in Support of Motion (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 54 Brief/Memorandum in Support filed by Donnie Ortiz re #53 MOTION for Partial Summary Judgment on Certain Affirmative Defenses (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 53 MOTION for Partial Summary Judgment on Certain Affirmative Defenses filed by Donnie Ortiz (Attachments: #1 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 52 ADDITIONAL ATTACHMENTS to #48 Motion for Miscellaneous Relief by Plaintiff Donnie Ortiz. (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 51 MOTION to Exclude or Limit Non-Retained Expert Witness Testimony filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 50 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 49 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 48 MOTION to Exclude or Limit Defense Expert Opinions filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 47 Joint STATUS REPORT filed by DePuy International Ltd, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 46 NOTICE of Attorney Appearance by Zachary Wool on behalf of Donnie Ortiz. (Filer confirms contact info in ECF is current.) (Wool, Zachary) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 45 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 44], and the Court's Scheduling Order of September 16, 2022 [Dkt. 31], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. The Amended Motion to Amend Scheduling Order [Dkt. 38] should be DENIED without prejudice to being re-urged after providing the Court with the December 9, 2022, status report. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 44 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 43 Proof of Service for Subpoena served on Douglas Dennis, MC on 11/8/2022. (axm) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 42 On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 41 NOTICE of Attorney Appearance by Darin L Schanker on behalf of Donnie Ortiz. (Filer confirms contact info in ECF is current.) (Schanker, Darin) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 40
ELECTRONIC ORDER denying (37) Motion to Amend/Correct Scheduling Order as MOOT. Amended Motion filed. (Ordered by Judge Ed Kinkeade on 10/20/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 39 NOTICE of Attorney Appearance by Melanie R Sulkin on behalf of Donnie Ortiz. (Filer confirms contact info in ECF is current.) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 38 Amended MOTION to Amend/Correct #31 Scheduling Order,,,, #37 MOTION to Amend/Correct #31 Scheduling Order,,,, filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 37 MOTION to Amend/Correct #31 Scheduling Order,,,, filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 36 ANSWER to #32 Amended Complaint,, with Jury Demand filed by DePuy International Ltd, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Terri Bruksch added to party DePuy International Ltd(pty:dft), Attorney Terri Bruksch added to party DePuy Products Inc(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 35 ANSWER to #32 Amended Complaint,, with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 34 RESPONSE AND OBJECTION filed by Donnie Ortiz re: #33 Status Report (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 33 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 32 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc, Johnson & Johnson Services Inc, DePuy Products Inc, DePuy International Ltd, Johnson & Johnson filed by Donnie Ortiz. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 31
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 30 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 29 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 28
ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 7/11/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 27 On September 11, 2019, the Court entered Case Management Order No. 12 [Dkt. 1054]. By May 31, 2022, Plaintiff is instructed to file a notification with the Court whether compliance with CMO 12 has been accomplished. Entered by James M. Stanton Court-Appointed Special Master. (chmb) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 26
ELECTRONIC ORDER ON UNOPPOSED MOTION TO WITHDRAW CERTAIN STIPULATIONS OF DISMISSAL - Before the Court are Defendants, DePuy Orthopaedics, Inc. and Johnson& Johnson Services, Inc. ("Defendants") Unopposed Motion to Withdraw Certain Stipulations of Dismissal that the parties filed in the cases on the attached Schedule A on February 18, 2021. The Motion is GRANTED. IT IS ORDERED that the Stipulations of Dismissal filed in the cases on the attached Schedule A on February 18, 2021 are withdrawn. (Ordered by Judge Ed Kinkeade on 2/18/2021) (chmb) Docket text modified on 2/22/2021 (twd). [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 25 MOTION to Withdraw #24 Stipulation filed by DePuy Orthopaedics Inc, Johnson & Johnson Services Inc (Attachments: #1 Proposed Order on Unopposed Motion to Withdraw) (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 24 STIPULATION OF DISMISSAL by DePuy Orthopaedics Inc, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 23 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (lrl) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 22
ELECTRONIC ORDER granting #21 Motion to Withdraw as Attorney. Attorney W Mark Lanier; Tonya L Melnichenko; Nathan J Axvig and Robert O Fischel Withdrawn. Jere Kyle Bachus shall remain as counsel for plaintiff in this case. (Ordered by Judge Ed Kinkeade on 12/1/2017) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 21 MOTION to Withdraw as Attorney filed by Donnie Ortiz (Lanier, W) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 20
ELECTRONIC ORDER - Before the Court is Plaintiff's #19 Consent Order Granting Substitution of Attorney, filed on January 13, 2017, which the Court construes as Plaintiff's Motion to Substitute Attorney. The Motion is GRANTED. J. Kyle Bachus is hereby substituted in as attorney of record for Plaintiff Donnie Ortiz. (Ordered by Judge Ed Kinkeade on 1/17/2017) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 19 MOTION to Substitute Attorney, added attorney Jere Kyle Bachus. Motion filed by Donnie Ortiz with Brief/Memorandum in Support. (Attachments: #1 Declaration(s) Certificate of Conference) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 18
ELECTRONIC ORDER denying #17 Motion to Substitute Attorney without prejudice to refile. After conferring with opposing Counsel, Plaintiff may re-file a corrected Motion to Substitute Counsel that contains the required certificate of conference. (Ordered by Judge Ed Kinkeade on 1/5/2017) (chmb) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 17 MOTION to Substitute Attorney, added attorney Jere Kyle Bachus. Motion filed by Donnie Ortiz (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 16 NOTICE of Attorney Appearance by Jere Kyle Bachus on behalf of Donnie Ortiz. (Filer confirms contact info in ECF is current.) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 15 NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy and Johnson Defendants. (jeh) [Transferred from Texas Northern on 12/30/2022.] |
| NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the August 9, 2012, proceedings via telephone, the Special Master has arranged a call in number (800-700-7784) and access code (256523). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 10:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244. (drh) [Transferred from Texas Northern on 12/30/2022.] |
| Notice of filing Orders:The following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#ORDER SETTING CONFERENCE: A conference with the Court is set for 8/9/2012 10:30 AM before Judge Ed Kinkeade.#ORDER REGARDING ATTORNEYS APPEARING IN MDL 2244. (drh) Modified to correct links on 4/9/2018 (cea). [Transferred from Texas Northern on 12/30/2022.] |
| Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #5#CASE MANAGEMENT ORDER NO. #6 Attorney-Client Privilege and Work-Product Privilege Protocol.#CASE MANAGEMENT ORDER NO. #7 Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues. (drh) Modified to correct link on 4/9/2018 (cea). [Transferred from Texas Northern on 12/30/2022.] |
| NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 9:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 12/30/2022.] |
| NOTICE FROM THE SPECIAL MASTER: On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 14
ORDER SETTING CONFERENCE: A Conference on Scheduling is hereby set for Wednesday, April 25, 2012 at 9:30 a.m. at 1100 Commerce Street, Room 1625, Dallas, Texas 75242. In preparation for this Conference on Scheduling, the parties are DIRECTED to confer with the Special Master within 7 days of this order. (Ordered by Judge Ed Kinkeade on 4/5/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
|
|
Filing 13
ORDER ON STIPULATED MOTION TO CONTINUE DEADLINES: Through respective lead counsel, the parties have agreed to extend all existing deadlines for pleadings and motions (including but not limited to answers and jurisdictional briefing) in all cases in this MDL proceeding to allow counsel an opportunity to address those issues in a proposed case management order that they are preparing for submission to the Court in the short term. IT IS HEREBY ORDERED, that the foregoing motion is GRANTED. The deadlines in all cases in this MDL proceeding are hereby CONTINUED pending the entry of a case management order. (Ordered by Judge Ed Kinkeade on 2/7/2012) (jrb) [Transferred from Texas Northern on 12/30/2022.]
|
|
Filing 12
ORDER LIFTING STAY: The Court orders that the stay is hereby LIFTED and discovery and motion practice shall proceed in any case filed as a part of 3:11-MD-2244-K, and any tag-along actions over which this Court acquires jurisdiction. (Ordered by Judge Ed Kinkeade on 1/10/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
|
|
Filing 11
ORDER APPOINTING SPECIAL MASTER: The Court now appoints James M. Stanton of Andrews Kurth, LLP as Special Master pursuant to Fed R. Civ. P. 53. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
|
|
Filing 10
CASE MANAGEMENT ORDER #3: The Court hereby designates counsel to act on behalf of the Plaintiffs in the DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. It is anticipated that further appointments to the existing subcommittees, or the addition of further subcommittees, will be approved, as necessary, as the litigation progresses. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
|
| ***Set MDL-2244 Flag (Entered on 9/19/2011) (drh) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 9 SUMMONS Returned Executed as to Johnson & Johnson Services Inc ; served on 7/21/2011. (Soh, Kenneth) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 8 SUMMONS Returned Executed as to DePuy Orthopaedics Inc ; served on 7/20/2011. (Soh, Kenneth) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 7 NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc.. (Powell, Michael) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 6 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc.. (Roberts, Seth) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 5
CASE MANAGEMENT ORDER #2. All submissions on suggestions for conducting this litigation shall be made within thirty days of the date this order is signed. As ordered by the Court at the hearing, all attorneys must sign up for the Northern District of Texas's Case Management/Electronic Case Filing system or the attorneys will be removed as "Attorneys to be Noticed" in the case. Also, all documents filed in this case must be filed electronically. (Ordered by Judge Ed Kinkeade on 8/10/2011) (jkm) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 4 Summons Issued as to DOES 1-10, inclusive, DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc. (anf) [Transferred from Texas Northern on 12/30/2022.] |
|
Filing 3
ORDER OF TRANSFER: This case is hereby TRANSFERRED to the docket of the Honorable Ed Kinkeade. All future pleadings shall subsequently be filed under case No. 3:11-CV-1597-K. (Ordered by Senior Judge A. Joe Fish on 7/12/2011) (mfw) [Transferred from Texas Northern on 12/30/2022.]
|
| Filing 2 NOTICE of Related Case filed by Donnie Ortiz (Soh, Kenneth) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Donnie Ortiz. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-3991940) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Soh, Kenneth) [Transferred from Texas Northern on 12/30/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
