Sheehy et al v. DePuy Orthopaedics Inc et al
| Paul Sheehy and Shiela Sheehy |
| DePuy Orthopaedics, Inc., DePuy Products, Inc., DePuy International, Ltd., Johnson & Johnson and Johnson & Johnson Services Inc. |
| Special Master |
| 1:2022cv03370 |
| December 30, 2022 |
| US District Court for the District of Colorado |
| Regina M Rodriguez |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 157 NOTICE of Entry of Appearance by Matthew Parker Smith on behalf of All Defendants Attorney Matthew Parker Smith added to party DePuy International, Ltd.(pty:dft), Attorney Matthew Parker Smith added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Matthew Parker Smith added to party DePuy Products, Inc.(pty:dft), Attorney Matthew Parker Smith added to party Johnson & Johnson(pty:dft), Attorney Matthew Parker Smith added to party Johnson & Johnson Services Inc.(pty:dft) (Smith, Matthew) |
| Filing 156 Proposed Pretrial Order Amended Final by Plaintiff Paul Sheehy. (Sulkin, Melanie) |
| Filing 155 ANSWER to #148 Amended Complaint (Second Amended Complaint) by Johnson & Johnson Services Inc..(Casolaro, Christopher) |
| Filing 154 ANSWER to #148 Amended Complaint (Second Amended Complaint) by Johnson & Johnson.(Casolaro, Christopher) |
| Filing 153 ANSWER to #148 Amended Complaint (Second Amended Complaint) by DePuy Products, Inc..(Casolaro, Christopher) |
| Filing 152 ANSWER to #148 Amended Complaint (Second Amended Complaint) by DePuy Orthopaedics, Inc..(Casolaro, Christopher) |
| Filing 151 ANSWER to #148 Amended Complaint (Second Amended Complaint) by DePuy International, Ltd..(Casolaro, Christopher) |
| Filing 150 NOTICE of Change of Address/Contact Information of Counsel for Plaintiff by Melanie Rachael Sulkin (Sulkin, Melanie) |
| Filing 149 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #148 Amended Complaint filed by attorney Melanie Rachael Sulkin. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, ) |
| Filing 148 AMENDED COMPLAINT Second against DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc., filed by Shiela Sheehy, Paul Sheehy.(Sulkin, Melanie) |
| Filing 147 COURTROOM MINUTES for Status Conference held before Judge Regina M. Rodriguez on 6/7/2023. granting #96 Motion to Amend/Correct/Modify. Final Pretrial Conference set for 12/19/2023 10:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. 10-Day Jury Trial set to commence on 1/29/2024 at 9:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. Proposed Pretrial Order due by 9/20/2023.). Court Reporter: Terri Lindblom. (kmyha) |
Filing 146
ORDER VACATING JURY TRIAL AND FINAL PRETRIAL CONFERENCE. For good cause shown, the 10-Day Jury Trial set to commence 7/24/2023 and Final Pretrial Conference set for 6/29/2023, and corresponding pretrial deadlines are HEREBY VACATED. Lead Counsel are to be present at the 6/7/2023 Status Conference to discuss potential new Trial and Final Pretrial Conference dates. SO ORDERED by Judge Regina M. Rodriguez on 6/5/2023. Text Only Entry (rmrja)
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| Filing 145 STATUS REPORT by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
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Filing 144
ORDER: Status Conference set for 6/7/2023 at 11:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. This Status Conference will be held via video teleconference. Counsel are to review and familiarize themselves with the Instructions and Tips, attached. If Counsel experience any connectivity issues, they are to contact Courtroom Deputy Kally Myhaver at kally_myhaver@cod.uscourts.gov prior to the conference. SO ORDERED by Judge Regina M. Rodriguez on 5/30/2023. (Attachments: #1 CMA Tips) (rmrja)
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Filing 143
ORDER. In light of the parties' #142 Status Report, the parties are DIRECTED to file another Status Report by no later than 5/31/2023. SO ORDERED by Judge Regina M. Rodriguez on 5/25/2023. Text Only Entry (rmrja)
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| Filing 142 STATUS REPORT by Plaintiffs Paul Sheehy, Shiela Sheehy. (Stegman, Michael) |
| Filing 141 TRANSCRIPT of Motion Hearing held on 5/4/2023 before Judge Rodriguez. Pages: 1-120. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (tlind, ) |
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Filing 140
ORDER granting #138 Plaintiffs' Motion to Restrict. Being satisfied that #138 Plaintiff's Motion to Restrict fulfills the requirements of D.C.COLO.LCivR 7.2(c), the Court GRANTS the Motion. The Clerk of the Court shall maintain a Level 1 Restriction to certain exhibits contained at #128 -6, #128 -8, #128 -9, #129 -1 and #129 -2. SO ORDERED by Judge Regina M. Rodriguez on 5/8/2023. Text Only Entry(rmrja)
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| Filing 139 COURTROOM MINUTES for Motion hearing held on 5/4/2023 before Judge Regina M. Rodriguez. denying #93 Motion; denying #94 Motion; granting in part and denying in part #95 Motion; granting in part and taking under advisement #96 Motion; granting #97 Motion; denying #98 Motion; granting #99 Motion; denying as moot #102 Motion; granting #103 Motion; denying #104 Motion; denying #105 Motion; granting in part and denying in part #106 Motion; granting #108 Motion. The Final Pretrial Conference is VACATED and RESET to June 29,2023, at 10:00 a.m. Court Reporter: Terri Lindblom. (kmyha) |
| Filing 138 RESTRICTED DOCUMENT - Level 1: by Plaintiffs Paul Sheehy, Shiela Sheehy.. (Stegman, Michael) |
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Filing 137
ORDER denying #132 MOTION for Leave to Restrict for failure to comply with D.C.COLO.LCivR 7.2(c). Plaintiffs are granted leave to refile the Motion to Restrict in compliance with the Local Civil Rules. SO ORDERED by Judge Regina M. Rodriguez on 5/2/2023. Text Only Entry(rmrja)
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| Filing 136 REPLY to Response to #100 Partial MOTION to Exclude Certain Opinions of Ms. Minette Drumwright and Memorandum in Support, #107 MOTION to Exclude Opinions of Dr. W. Gregory Sawyer filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Bueno, Kimberly) |
| Filing 134 REPLY to Response to #96 First MOTION to Amend/Correct/Modify #9 Amended Complaint,, to Include Claims for Punitive Damages filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sulkin, Melanie) |
| Filing 133 REPLY to Response to #101 MOTION to Exclude Opinions of Dr. Greg Hallman filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Bueno, Kimberly) |
| Filing 135 Plaintiffs' MOTION to Restrict Documents, by Plaintiffs Paul Sheehy and Shiela Sheehy. (Public Entry to #132 Restricted Level 1 Document) Text Only Entry. (angar, ) |
| Filing 132 RESTRICTED DOCUMENT - Level 1: by Plaintiffs Paul Sheehy, Shiela Sheehy.. (Stegman, Michael) |
| Filing 131 RESPONSE to #96 First MOTION to Amend/Correct/Modify #9 Amended Complaint,, to Include Claims for Punitive Damages filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Tech Monograph, DEPUY046336399, #2 Exhibit 2 - 2000 FDA 510(k) Submission, DEPUY022766161, #3 Exhibit 3 - 2016-01-14 Aoki Trial Tr (cond), #4 Exhibit 4 - 2022-10-24 Sheehy, P Depo (cond), #5 Exhibit 5 - 2022-12-16 Woodward, John, MD Depo, #6 Exhibit 6 - 2017-10-30 Alicea Trial Tr (cond), #7 Exhibit 7 - 2017-10-25 Alicea Trial Tr (cond), #8 Exhibit 8 - 2017-11-01 Alicea Trial Tr (cond))(Bueno, Kimberly) |
| Filing 130 RESPONSE to #101 MOTION to Exclude Opinions of Dr. Greg Hallman filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sulkin, Melanie) |
| Filing 129 RESPONSE to #97 MOTION in Limine No. 6 to Exclude Evidence of Government Investigations filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sulkin, Melanie) |
| Filing 128 RESPONSE to #100 Partial MOTION to Exclude Certain Opinions of Ms. Minette Drumwright and Memorandum in Support filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Sulkin, Melanie) |
| Filing 127 RESPONSE to #33 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (Sealed pursuant to order dated 6/20/2012), #99 MOTION to Disqualify Plaintiff's Expert Stephen Li and to Lodge Documents for In Camera Review filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Sulkin, Melanie) |
| Filing 126 RESPONSE to #102 MOTION to Exclude Dr. Mathew Morrey and Memorandum In Support filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 125 RESPONSE to #107 MOTION to Exclude Opinions of Dr. W. Gregory Sawyer filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sulkin, Melanie) |
| Filing 124 RESPONSE to #98 MOTION in Limine No. 7 to Exclude Evidence of Irrelevant Device-Related Complications filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit)(Sulkin, Melanie) |
| Filing 123 RESPONSE to #105 Amended MOTION in Limine No. 3 to Exclude Evidence Related to the ASR and ASR XL Devices filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Sulkin, Melanie) |
| Filing 122 RESPONSE to #94 MOTION in Limine to Exclude Any Evidence, Testimony, or Argument that Defendants' Compliance with the 510(K) is Relevant to the Claims at Issue and/or Entitles Defendants to a Presumption Under C.R.S.A. 13-21-403(1)(B) filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 121 RESPONSE to #93 MOTION in Limine to Exclude Any Evidence or Argument Related To Affirmative Defenses That Are Not Live filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 120 RESPONSE to #104 Amended MOTION in Limine No. 2 to Exclude Evidence that Post-Dates Plaintiff's Implant Surgery filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 119 RESPONSE to #103 Amended MOTION in Limine No. 1 to Exclude Certain FDA-Related Evidence filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 118 RESPONSE to #106 Amended MOTION in Limine No. 4 to Exclude Evidence Concerning the PIN Study filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Sulkin, Melanie) |
| Filing 117 RESPONSE to #95 MOTION in Limine No. 5 to Exclude Evidence of Foreign Regulatory Actions and Other Foreign Evidence filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit)(Sulkin, Melanie) |
| Filing 116 TRANSCRIPT of Status Conference held on 4/18/2023 before Judge Rodriguez. Pages: 1-84. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (tlind, ) |
| Filing 115 TRANSCRIPT of Motion Hearing held on 4/12/2023 before Judge Rodriguez. Pages: 1-39. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (tlind, ) |
| Filing 114 TRANSCRIPT of Status Conference held on 1/11/2023 before Judge Rodriguez. Pages: 1-35. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (tlind, ) |
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Filing 112
ORDER granting #110 MOTION to Withdraw Document re #92 MOTION in Limine No. 4 to Exclude Evidence Concerning the PIN Study, #91 MOTION in Limine No. 3 to Exclude Evidence Related to The ASR and ASR XL Devices, #90 MOTION in Limine No. 2 to Exclude Evidence that Post-Dates Plaintiff's Implant Surgery, #89 MOTION in Limine No. 1 to Exclude Certain FDA-Related Evidence. The Clerk of the Court is DIRECTED to withdraw ECF Nos. #89 , #90 , #91 and #92 . SO ORDERED by Judge Regina M. Rodriguez on 4/20/2023. Text Only Entry(rmrja)
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| ***Set/Reset Hearings: Motion Hearing set for 5/4/2023 09:30 AM in Courtroom A 901 before Judge Regina M. Rodriguez. (kmyha, ) |
| Filing 111 Proposed Pretrial Order by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 110 MOTION to Withdraw Document re #91 MOTION in Limine No. 3 to Exclude Evidence Related to The ASR and ASR XL Devices, #90 MOTION in Limine No. 2 to Exclude Evidence that Post-Dates Plaintiff's Implant Surgery, #89 MOTION in Limine No. 1 to Exclude Certain FDA-Related Evidence, #92 MOTION in Limine No. 4 to Exclude Evidence Concerning the PIN Study by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 108 Joint MOTION in Limine by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 107 MOTION to Exclude Opinions of Dr. W. Gregory Sawyer by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Report of Dr. W. Gregory Sawyer, #2 Exhibit 2 - G. Bergmann et al., Hip Contact Forces and Gait Patterns from Routine Activities, #3 Exhibit 3 - Expert Witness Report of Mary Beth Schmidt, Ph.D., #4 Exhibit 4 - Dep. of W. Gregory Sawyer July 8, 2013, #5 Exhibit 5 - L. Smith et al., The Lubrication of Metal-on- Metal Total Hip Joints, #6 Envelope 6 - BS ISO 14242-12002, Implants for surgery, #7 Exhibit 7 - Dep. of W. Gregory Sawyer Vol. II June 26, 2014, #8 Exhibit 8 - Dep. of W. Gregory Sawyer Vol. I June 25, 2014, #9 Exhibit 9 - John Woodward, M.D. Dep. (121622))(Bueno, Kimberly) |
| Filing 106 Amended MOTION in Limine No. 4 to Exclude Evidence Concerning the PIN Study by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 105 Amended MOTION in Limine No. 3 to Exclude Evidence Related to the ASR and ASR XL Devices by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 104 Amended MOTION in Limine No. 2 to Exclude Evidence that Post-Dates Plaintiff's Implant Surgery by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 103 Amended MOTION in Limine No. 1 to Exclude Certain FDA-Related Evidence by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 102 MOTION to Exclude Dr. Mathew Morrey and Memorandum In Support by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Expert Disclosures, #2 Exhibit 2 - Expert Report of Matthew Morey)(Casolaro, Christopher) |
| Filing 101 MOTION to Exclude Opinions of Dr. Greg Hallman by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Pls. Expert Disclosure, #2 Exhibit 2 - Expert Report of Dr. Greg Hallman, #3 Exhibit 3 - Dep. of Greg Hallman, Ph.D., #4 Exhibit 4 - Woodward Dep.)(Bueno, Kimberly) |
| Filing 100 Partial MOTION to Exclude Certain Opinions of Ms. Minette Drumwright and Memorandum in Support by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Plaintiff's Expert Disclosures, #2 Exhibit 2 - Expert Witness Report of Minette E. Drumwright, #3 Exhibit 3 - Excerpts from Deposition of Minette Drumwright, #4 Exhibit 4 - Excerpt from MDL Trial Transcript 1-14-2016, #5 Exhibit 5 - Excerpt from MDL Trail Transcript 1-13-2016, #6 Exhibit 6 - Excerpt from Depositions of John Woodward MD)(Casolaro, Christopher) |
| Filing 99 MOTION to Disqualify Plaintiff's Expert Stephen Li and to Lodge Documents for In Camera Review by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Exhibit 1 - Apr. 17, 2023 Winkelmeyer Order, #2 Exhibit 2 - Dec. 16, 2022 Inskeep Declaration, #3 Exhibit 3 - Apr. 7, 2011 Email from K. Inskeep to S. Li, #4 Exhibit 4 - Aug. 17, 2011 Email from S. Li to K. Inskeep, #5 Exhibit 5 - Aug. 8, 2011 Email from K. Inskeep to S. Li, #6 Exhibit 6 - Sept. 23, 2011 Email, #7 Exhibit 7 - Aug. 6, 2012 Email, #8 Exhibit 8 - Dec. 7, 2012 Email chain, #9 Exhibit 9 - Apr. 1, 2013 Email from S. Li to K. Inskeep, #10 Exhibit 10 - Sept. 25, 2013 Email, #11 Exhibit 11 - Sept. 25, 2013 Email, #12 Exhibit 12 - Oct. 24, 2013 Email from D. Brooks to K. Inskeep)(Bueno, Kimberly) |
| Filing 98 MOTION in Limine No. 7 to Exclude Evidence of Irrelevant Device-Related Complications by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 97 MOTION in Limine No. 6 to Exclude Evidence of Government Investigations by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 96 First MOTION to Amend/Correct/Modify #9 Amended Complaint,, to Include Claims for Punitive Damages by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit)(Sulkin, Melanie) |
| Filing 95 MOTION in Limine No. 5 to Exclude Evidence of Foreign Regulatory Actions and Other Foreign Evidence by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) |
| Filing 94 MOTION in Limine to Exclude Any Evidence, Testimony, or Argument that Defendants' Compliance with the 510(K) is Relevant to the Claims at Issue and/or Entitles Defendants to a Presumption Under C.R.S.A. 13-21-403(1)(B) by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 93 MOTION in Limine to Exclude Any Evidence or Argument Related To Affirmative Defenses That Are Not Live by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 92 WITHDRAWN MOTION in Limine No. 4 to Exclude Evidence Concerning the PIN Study by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) Modified on 4/24/2023 to show as withdrawn pursuant to 112 Order (angar, ). |
| Filing 91 WITHDRAWN MOTION in Limine No. 3 to Exclude Evidence Related to The ASR and ASR XL Devices by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) Modified on 4/24/2023 to show as withdrawn pursuant to 112 Order (angar, ). |
| Filing 90 WITHDRAWN MOTION in Limine No. 2 to Exclude Evidence that Post-Dates Plaintiff's Implant Surgery by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) Modified on 4/24/2023 to show as withdrawn pursuant to 112 Order (angar, ). |
| Filing 89 WITHDRAWN MOTION in Limine No. 1 to Exclude Certain FDA-Related Evidence by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Casolaro, Christopher) Modified on 4/24/2023 to show as withdrawn pursuant to 112 Order (angar, ). |
| Filing 113 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #88 Notice of Entry of Appearance filed by attorney Michael A. Stegman. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, ) |
| Filing 109 COURTROOM MINUTES for Status Conference held before Judge Regina M. Rodriguez on 4/18/2023. Court Reporter: Terri Lindblom. (kmyha) |
| Filing 88 NOTICE of Entry of Appearance by Michael A. Stegman on behalf of All Plaintiffs Attorney Michael A. Stegman added to party Paul Sheehy(pty:pla), Attorney Michael A. Stegman added to party Shiela Sheehy(pty:pla) (Stegman, Michael) |
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Filing 87
ORDER. At the request of counsel, a Motions Hearing is set for 4/18/2023 at 11:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. The Hearing will be held via video teleconference. Counsel are DIRECTED to review the Instructions and Tips, attached. If counsel experience any difficulty with connectivity, they are to email Courtroom Deputy Kally Myhaver at kally_myhaver@cod.uscourts.gov prior to the Hearing. SO ORDERED by Judge Regina M. Rodriguez on 4/17/2023. (Attachments: #1 CMA Tips) (rmrja)
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| Filing 86 MINUTE ENTRY for Discovery Hearing held on 4/12/2023 before Judge Regina M. Rodriguez.denying #33 Motion for Order; finding as moot #24 Motion for Order; denying #25 Motion for Order; denying #28 Motion for Partial Summary Judgment. Proposed Pretrial Order due by 4/19/2023. Motion Hearing set for 5/4/2023 09:30 AM in Courtroom A 901 before Judge Regina M. Rodriguez. Court Reporter: Terri Lindblom. (kmyha) |
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Filing 85
ORDER re: Notices filed at ECF Nos. #66 and #67 . The Court acknowledges the parties' withdrawal of their respective Omnibus Motions in Limine at ECF Nos. #38 (sic) and #39 . The Clerk of the Court is DIRECTED to terminate the Motions at ECF Nos. #37 and #39 as well as the #38 Motion for Their Omnibus Motion in Limine Brief to Exceed the Page Limit. SO ORDERED by Judge Regina M. Rodriguez on 4/12/2023. Text Only Entry (rmrja)
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| Filing 84 NOTICE of Supplemental Authorities Notice of Supp. Authority by Plaintiff Paul Sheehy (Attachments: #1 Exhibit)(Sulkin, Melanie) |
| Filing 83 Plaintiffs' NOTICE of Supplemental Authority by Plaintiff Paul Sheehy (Attachments: #1 Exhibit)(Sulkin, Melanie) Modified on 4/4/2023 to correct title (angar, ). |
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Filing 82
ORDER. Pursuant to Judge Rodriguez's instructions and at the request of counsel, a Discovery Hearing is set for 4/12/2023 at 11:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. This Hearing will be held via video teleconference. The parties are to review and familiarize themselves with the Instructions and Tips, attached hereto. If counsel experience any connectivity issues, they are to email our Courtroom Deputy Kally Myhaver and kally_myhaver@cod.uscourts.gov prior to the Hearing. SO ORDERD by Judge Regina M. Rodriguez on 3/28/2023. (Attachments: #1 CMA Tips) (rmrja)
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| Filing 81 NOTICE of Entry of Appearance by Amy Marie Pepke on behalf of All Defendants (Pepke, Amy) |
| Filing 80 ADVISORY NOTICE TO ATTORNEY AND COURT: Amy Marie Pepke failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the court for assistance: #Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov). (Text Only Entry) (mfred) |
| Filing 79 NOTICE of Entry of Appearance by Amy Marie Pepke on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney Amy Marie Pepke added to party DePuy International, Ltd.(pty:dft), Attorney Amy Marie Pepke added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Amy Marie Pepke added to party DePuy Products, Inc.(pty:dft), Attorney Amy Marie Pepke added to party Johnson & Johnson(pty:dft), Attorney Amy Marie Pepke added to party Johnson & Johnson Services Inc.(pty:dft) (Pepke, Amy) |
| Filing 78 NOTICE of Entry of Appearance by Kimberly G. Bueno on behalf of All Defendants Attorney Kimberly G. Bueno added to party DePuy International, Ltd.(pty:dft), Attorney Kimberly G. Bueno added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Kimberly G. Bueno added to party DePuy Products, Inc.(pty:dft), Attorney Kimberly G. Bueno added to party Johnson & Johnson(pty:dft), Attorney Kimberly G. Bueno added to party Johnson & Johnson Services Inc.(pty:dft) (Bueno, Kimberly) |
| Filing 77 Proposed Pretrial Order by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit Exhibit 1 - Prior Rulings Chart)(Sulkin, Melanie) |
| Filing 76 NOTICE of Entry of Appearance by Daniel Ross Higginbotham on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney Daniel Ross Higginbotham added to party DePuy International, Ltd.(pty:dft), Attorney Daniel Ross Higginbotham added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Daniel Ross Higginbotham added to party DePuy Products, Inc.(pty:dft), Attorney Daniel Ross Higginbotham added to party Johnson & Johnson(pty:dft), Attorney Daniel Ross Higginbotham added to party Johnson & Johnson Services Inc.(pty:dft) (Higginbotham, Daniel) |
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Filing 75
ORDER granting #74 Unopposed MOTION for Extension of Time to File Proposed Pretrial Order. The parties are granted an extension of time, to and including 3/17/2023, to file their Proposed Pretrial Order. SO ORDERED by Judge Regina M. Rodriguez on 3/9/2023. Text Only Entry(rmrja)
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| Filing 74 Unopposed MOTION for Extension of Time to File Proposed Pretrial Order by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Hershewe, Mary) |
| Filing 73 NOTICE of Entry of Appearance by Mary Elizabeth Hershewe on behalf of All Defendants 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 72 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 71 BRIEF in Opposition to #33 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (Sealed pursuant to order dated 6/20/2012) filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Sulkin, Melanie) |
| Filing 70 REPLY to Response to #28 MOTION for Partial Summary Judgment on Certain Affirmative Defenses filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 69 REPLY to Response to #26 MOTION to Exclude or Limit Non-Retained Expert Witness Testimony filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 68 REPLY to Response to #24 MOTION to Exclude or Limit Defense Expert Opinions filed by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) |
| Filing 67 NOTICE to the Court Regarding Pending Motions by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc. (Murdica, James) |
| Filing 66 NOTICE to the Court regarding Pending Motions by Plaintiffs Paul Sheehy, Shiela Sheehy (Sulkin, Melanie) |
| Filing 65 COURTROOM MINUTES for Status Conference held before Judge Regina M. Rodriguez on 1/11/2023. granting #59 Motion to Continue. 10-Day Jury Trial set to commence on 7/24/2023 at 09:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. Trial Preparation Conference set for 6/7/2023 at 03:00 PM in Courtroom A 901 before Judge Regina M. Rodriguez. Court Reporter: Terri Lindblom. (kmyha, ) |
| Filing 64 NOTICE of Entry of Appearance by James Francis Murdica on behalf of DePuy International, Ltd., DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.Attorney James Francis Murdica added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney James Francis Murdica added to party DePuy Products, Inc.(pty:dft), Attorney James Francis Murdica added to party Johnson & Johnson(pty:dft), Attorney James Francis Murdica added to party Johnson & Johnson Services Inc.(pty:dft) (Murdica, James) |
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Filing 63
ORDER: At the request of counsel, the Status Conference set for 1/11/2023 at 10:00 AM has been reset for 9:00 AM. Please note this is a change in time ONLY and all other instructions in #60 Order remain the same. SO ORDERED by Judge Regina M. Rodriguez on 1/9/2023. Text Only Entry (rmrja)
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| Filing 62 ***Case No Longer Referred to Magistrate Judge Kristen L. Mix. By Judge Regina M. Rodriguez on 1/9/2023. Text Only Entry. (trvo, ) |
| Filing 61 NOTICE of Entry of Appearance by Jessica Ann Reynolds on behalf of Paul Sheehy, Shiela SheehyAttorney Jessica Ann Reynolds added to party Paul Sheehy(pty:pla), Attorney Jessica Ann Reynolds added to party Shiela Sheehy(pty:pla) (Reynolds, Jessica) |
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Filing 60
ORDER: A Status Conference is set for 1/11/2023 at 10:00 AM in Courtroom A 901 before Judge Regina M. Rodriguez. This Status Conference will be held via video teleconference. Judge Rodriguez's Instructions and Tips are attached. Counsel are DIRECTED to review and familiarize themselves with the Instructions and Tips. If counsel has any connectivity issues, they are to contact Courtroom Deputy Kally Myhaver at Kally_Myhaver@cod.uscourts.gov prior to the Conference. Lead Counsel for the parties must attend the Conference and be prepared to discuss #59 Joint Motion to Continue Responsive Briefing Deadline. SO ORDERED by Judge Regina M. Rodriguez on 1/6/2023. (Attachments: #1 CMA Tips) (rmrja)
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| Filing 59 Joint MOTION to Continue Responsive Briefing Deadline by Plaintiffs Paul Sheehy, Shiela Sheehy. (Attachments: #1 Proposed Order (PDF Only))(Sulkin, Melanie) |
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Filing 58
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 1/5/2023. Text Only Entry (rmrja)
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| Filing 57 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 22-cv-03370-RMR. (athom, ) |
| Filing 56 NOTICE of Entry of Appearance by Zachary L. Wool on behalf of Paul Sheehy, Shiela SheehyAttorney Zachary L. Wool added to party Paul Sheehy(pty:pla), Attorney Zachary L. Wool added to party Shiela Sheehy(pty:pla) (Wool, Zachary) |
| Filing 55 NOTICE of Entry of Appearance by Darin L. Schanker on behalf of Paul Sheehy, Shiela SheehyAttorney Darin L. Schanker added to party Paul Sheehy(pty:pla), Attorney Darin L. Schanker added to party Shiela Sheehy(pty:pla) (Schanker, Darin) |
| Filing 54 NOTICE of Entry of Appearance by Melanie Rachael Sulkin on behalf of Paul Sheehy, Shiela SheehyAttorney Melanie Rachael Sulkin added to party Paul Sheehy(pty:pla), Attorney Melanie Rachael Sulkin added to party Shiela Sheehy(pty:pla) (Sulkin, Melanie) |
| Filing 53 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 52 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (tgall, ) |
| Filing 51 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). (tgall, ) |
| Filing 50 Case transferred in from Northern District of Texas ; Case Number 3:14-cv-01930. File, transfer order and docket sheet received. |
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Filing 49
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.]
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| Filing 48 (Document Restricted) Sealed Response and Objection re: #28 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 47 (Document Restricted) Sealed Response and Objection re: #26 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 46 RESPONSE filed by Paul Sheehy, Shiela Sheehy re: #25 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 45 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 23, 40] and conducting a telephonic hearing on December 29, 2022 [Dkt. 43], 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. 35]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 24, 25, 26]; Motion for Partial Summary Judgment [Dkt. 28]; and Motion to Disqualify [Dkt. 33]; Motions in Limine [Dkts. 37, 39]. 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 44 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #24 MOTION to Exclude or Limit Defense Expert Opinions (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 43 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 42 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.] |
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Filing 41
ELECTRONIC ORDER - - Before the Court is Plaintiff's Amended Motion to Amend Scheduling Order [Dkt. 15]. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore the motion is DENIED. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 40 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 39 MOTION in Limine (Omnibus) filed by Paul Sheehy, Shiela Sheehy with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 38 MOTION for their Omnibus Motion in Limine Brief to Exceed the Page Limit (Unopposed) filed by Paul Sheehy, Shiela Sheehy with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 37 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 36 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 35 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 34 NOTICE of Attorney Appearance by Jessica Ann Reynolds on behalf of Paul Sheehy, Shiela Sheehy. (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 33 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (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 32 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 31 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 30 Appendix in Support filed by Paul Sheehy, Shiela Sheehy re #29 Brief/Memorandum in Support of Motion, #28 MOTION for Partial Summary Judgment on Certain Affirmative Defenses (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 29 Brief/Memorandum in Support filed by Paul Sheehy, Shiela Sheehy re #28 MOTION for Partial Summary Judgment on Certain Affirmative Defenses (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 28 MOTION for Partial Summary Judgment on Certain Affirmative Defenses filed by Paul Sheehy, Shiela Sheehy (Attachments: #1 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 27 ADDITIONAL ATTACHMENTS to #24 Motion for Miscellaneous Relief by Plaintiffs Paul Sheehy, Shiela Sheehy. (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 26 MOTION to Exclude or Limit Non-Retained Expert Witness Testimony filed by Paul Sheehy, Shiela Sheehy with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 25 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 24 MOTION to Exclude or Limit Defense Expert Opinions filed by Paul Sheehy, Shiela Sheehy 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 23 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 22 NOTICE of Attorney Appearance by Zachary Wool on behalf of Paul Sheehy, Shiela Sheehy. (Filer confirms contact info in ECF is current.) (Wool, Zachary) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 21 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 20], and the Court's Scheduling Order of September 16, 2022 [Dkt. 8], 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. 15] 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 20 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 19 NOTICE of Attorney Appearance by Darin L Schanker on behalf of Paul Sheehy, Shiela Sheehy. (Filer confirms contact info in ECF is current.) (Schanker, Darin) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 18
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.]
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Filing 17
ELECTRONIC ORDER denying MOTION to Stay CMO 12 Obligations as MOOT. The deadline has already passed. (Ordered by Judge Ed Kinkeade on 10/20/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 16 NOTICE of Attorney Appearance by Melanie R Sulkin on behalf of Paul Sheehy, Shiela Sheehy. (Filer confirms contact info in ECF is current.) (Sulkin, Melanie) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 15 Amended MOTION to Amend/Correct #8 Scheduling Order,,,, #14 MOTION to Amend/Correct #8 Scheduling Order,,,, filed by Paul Sheehy, Shiela Sheehy with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 14 MOTION to Amend/Correct #8 Scheduling Order,,,, filed by Paul Sheehy, Shiela Sheehy with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 13 ANSWER to #9 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. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 12 ANSWER to #9 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 11 RESPONSE AND OBJECTION filed by Paul Sheehy, Shiela Sheehy re: #10 Status Report (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 10 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 9 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Shiela Sheehy, Paul Sheehy. 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.] |
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Filing 8
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.]
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| Filing 7 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 6 Joint MOTION to Stay CMO 12 Obligations to September 6, 2022 filed by Paul Sheehy (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 5
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.]
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| Filing 4 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. (cea) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 3 NOTICE of Related Case filed by Paul Sheehy, Shiela Sheehy (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Paul Sheehy, Shiela Sheehy. (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Paul Sheehy, Shiela Sheehy. (Filing fee $400; Receipt number 0539-6065669) Summons(es) not requested at this time. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. 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. 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 (Attachments: #1 Cover Sheet) (Bachus, Jere) [Transferred from Texas Northern on 12/30/2022.] |
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