House v. Depuy Orthopaedics, Inc. et al
| James House |
| DePuy Synthes Sales, Inc., Medical Device Business Services, Inc., Depuy Orthopaedics, Inc., Johnson & Johnson, Synthes USA Products, LLC, Synthes, Inc., Synthes USA Sales, LLC, DePuy, Inc., Depuy Synthes Products, Inc., DePuy Synthes, Inc. and Depuy Orthopedics, Inc. |
| Stephen C. Sawicki |
| 5:2020cv00329 |
| July 20, 2020 |
| US District Court for the Middle District of Florida |
| Philip R Lammens |
| James S Moody |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2021. A more recent docket listing may be available from PACER.
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Filing 46
ENDORSED ORDER granting #43 Motion for Taxation of Costs as unopposed. See Local Rule 3.01(c), which states: "If a party fails to timely respond, the motion is subject to treatment as unopposed." The Motion is also granted on the merits because Defendant is entitled to costs. Notably, Defendant did not need to bifurcate this matter because it is seeking only taxable costs. Nonetheless, since the supporting documentation is not included, Defendant shall file a separate motion on the amount of the costs, which shall include supporting documentation. The parties shall confer on the amount of costs and Defendant's motion must indicate whether there is any opposition. Signed by Judge James S. Moody, Jr on 8/24/2021. (JG)
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| ACKNOWLEDGMENT by USCA of receiving notice of appeal on 8/23/2021 re #44 Notice of Appeal. USCA number: 21-12897-D. (LAB) |
| Filing 45 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #44 Notice of Appeal. (LAB) |
| Filing 44 NOTICE OF APPEAL as to #42 Judgment, #41 Order on Motion for Summary JudgmentOrder on Motion for Miscellaneous Relief by James House. Filing fee $ 505, receipt number AFLMDC-18613987. (Cerasa, Michael) |
| Filing 43 MOTION for Taxation of Costs with Incorporated Memorandum of Law by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) |
| Filing 42 SUMMARY JUDGMENT in favor of DePuy Synthes Sales, Inc., Synthes USA Products, LLC, Synthes USA Sales, LLC and against James House. (Signed by Deputy Clerk) (LAB) |
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Filing 41
ORDER: Defendants' Daubert Motion to Exclude Plaintiff's Expert Richard Waltein (Dkt. #28) is granted. Defendants' Motion for Summary Judgment (Dkt. #26) is granted. The Clerk of Court is directed to enter Final Judgment in Defendants' favor and against Plaintiff. The Clerk of Court is further directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody, Jr. on 7/23/2021. (SMB)
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| Filing 40 REPLY to Response to Motion re #26 MOTION for Summary Judgment filed by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) |
| Filing 39 REPLY to Response to Motion re #28 MOTION for Miscellaneous Relief, specifically Preclude Testimony and Opinions of Plaintiff's Expert, Richard Waltein, P.E. filed by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (Attachments: #1 Exhibit A)(King, Courtney) |
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Filing 38
ENDORSED ORDER granting #37 Defendants' Unopposed Motion for Extension of Time. Defendants' deadline to file reply briefs is extended to July 19, 2021. Signed by Judge James S. Moody, Jr. on 7/8/2021. (SMB)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION for Miscellaneous Relief, specifically Preclude Testimony and Opinions of Plaintiff's Expert, Richard Waltein, P.E. , #26 MOTION for Summary Judgment by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) |
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Filing 36
ENDORSED ORDER granting #35 Defendants' Unopposed Motion for Leave to File Reply. Defendants are granted leave to file a reply in support of their Motion for Summary Judgment not to exceed fifteen (15) pages. Signed by Judge James S. Moody, Jr. on 6/30/2021. (SMB)
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| Filing 35 Unopposed MOTION for Leave to File Reply in Support of motion for summary judgment (de 26) in excess of seven pages, and incorporated memorandum of law by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) Modified on 6/30/2021 (HAI). |
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Filing 34
ENDORSED ORDER granting #33 Defendants' Unopposed Motion for Leave to File a Reply Brief. Defendants may file a reply brief in support of the Daubert Motion to Preclude Testimony and Opinions of Richard Waltein (Dkt. #28), not to exceed ten pages, by July 12, 2021. Signed by Judge James S. Moody, Jr. on 6/29/2021. (SMB)
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| Filing 33 Unopposed MOTION for Leave to File Reply Brief by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) Modified on 6/30/2021 (HAI). |
| Filing 32 RESPONSE in Opposition re #26 MOTION for Summary Judgment filed by James House. (Cerasa, Michael) |
| Filing 31 RESPONSE in Opposition re #28 MOTION for Miscellaneous Relief, specifically Preclude Testimony and Opinions of Plaintiff's Expert, Richard Waltein, P.E. filed by James House. (Cerasa, Michael) |
| Sealed Document: S-30. (SMB) |
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Filing 29
ENDORSED ORDER granting #27 Motion to Seal Certain Documents in Connection with Motion for Summary Judgment. Signed by Judge James S. Moody, Jr. on 6/8/2021. (SMB)
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| Filing 28 MOTION for Miscellaneous Relief, specifically Preclude Testimony and Opinions of Plaintiff's Expert, Richard Waltein, P.E. by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(King, Courtney) |
| Filing 27 Unopposed MOTION to Seal Certain Documents in Connection with Motion for Summary Judgment by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (Attachments: #1 Exhibit A - Protective Order)(King, Courtney) |
| Filing 26 MOTION for Summary Judgment by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (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)(King, Courtney) |
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Filing 25
ORDER granting #22 Motion to Appear Pro Hac Vice; granting #24 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 6/3/2021. (SA)
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| Filing 24 Unopposed MOTION for J.T. Larson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18308545 for $150 by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (Wiggins, Michael) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 23 MEDIATION report Hearing held on MAY 24, 2021. Hearing outcome: NO AGREEMENT.. (Sawicki, Stephen) |
| Filing 22 Unopposed MOTION for Kendra Lounsberry to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18308482 for $150 by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (Wiggins, Michael) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 21
ORDER appointing Stephen C. Sawicki as mediator in this action. Mediation conference is scheduled for May 24, 2021 at 9:30 a.m. Signed by Judge James S. Moody, Jr. on 4/6/2021. (SMB)
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| Filing 20 NOTICE of mediation conference/hearing to be held on May 24, 2021, 9:30 am before Stephen C. Sawicki, Esq.. (Cerasa, Michael) |
| Set/reset deadlines/hearings: Conduct mediation hearing by 6/7/2021. Lead counsel to coordinate dates. (LAB) |
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Filing 19
ORDER referring case to mediation and directing selection of a mediator on or before 4/6/2021. Mediation shall be conducted on or before 6/7/2021. Signed by Judge James S. Moody, Jr. on 3/2/2021. (SMB)
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| Filing 18 RESPONSE re #17 Answer to amended complaint Reply to Affirmative Defenses filed by James House. (Cerasa, Michael) |
| Filing 17 ANSWER and affirmative defenses with Jury Demand to #16 Amended Complaint by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC.(King, Courtney) |
| Filing 16 SECOND AMENDED COMPLAINT against DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC with Jury Demand. filed by James House.(Cerasa, Michael) Modified on 8/21/2020 (LAB). |
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Filing 15
ENDORSED ORDER denying as moot #7 Motion to Dismiss due to the filing of 14 Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint. Signed by Judge James S. Moody, Jr. on 8/20/2020. (SMB)
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Filing 14
ENDORSED ORDER granting #13 Plaintiff's Motion for Leave to File a Second Amended Complaint. Plaintiff is directed to separately file his Second Amended Complaint within seven (7) days of the Order. Signed by Judge James S. Moody, Jr. on 8/20/2020. (SMB)
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| Filing 13 Unopposed MOTION to Amend #4 Amended Complaint by James House. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Defendant Consent to Amendment)(Cerasa, Michael) |
| Filing 12 RESPONSE re #8 Answer to amended complaint, to Affirmative Defenses filed by James House. (Cerasa, Michael) Modified on 8/19/2020 (LAB). |
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/7/2021; Dispositive motions due by 6/7/2021; Pretrial Conference set for TUESDAY, DECEMBER 7, 2021 at 11:15 AM in Tampa Courtroom 17 before Judge James S. Moody, Jr. Jury Trial set for the JANUARY 2022 trial term in Tampa Courtroom 17 before Judge James S. Moody, Jr. Signed by Judge James S. Moody, Jr. on 8/13/2020. (KAC)
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| Filing 10 CASE MANAGEMENT REPORT. (King, Courtney) |
| Filing 9 CORPORATE Disclosure Statement by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC identifying Corporate Parent Johnson & Johnson for DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC.. (King, Courtney) |
| Filing 8 ANSWER and affirmative defenses with Jury Demand to #4 Amended Complaint by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC.(King, Courtney) |
| Filing 7 MOTION to Dismiss Count V of Plaintiff's Amended Complaint with memorandum of law by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. (King, Courtney) Modified on 8/10/2020 (LAB). |
| Filing 6 NOTICE of pendency of related cases re #3 Related case order and track 2 notice 20-CA-1057 per Local Rule 1.04(d) by DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC. Related case(s): Yes (King, Courtney) |
| Filing 5 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by James House. Related case(s): Yes (Cerasa, Michael) |
| Filing 4 AMENDED COMPLAINT against DePuy Synthes Sales, Inc., Depuy Synthes Products, Inc., Synthes USA Products, LLC with Jury Demand. filed by James House.(Cerasa, Michael) |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge James S. Moody, Jr. on 7/22/2020. (SMB)
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| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:20-cv-329-Oc-30PRL. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Fifth Judicial Circuit In and For Marion County Florida, case number 422020CA001057CAA filed in State Court on June 26, 2020. Filing fee $ 400, receipt number 113A-17076459 filed by All Defendants. (Attachments: #1 Civil Cover Sheet USDC Civil Cover Sheet, #2 Exhibit A- Complaint, #3 Exhibit B1- State Court File, #4 Exhibit B2- State Court File, #5 Exhibit C- Notice of Filing Notice of Removal)(King, Courtney) |
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