Nation v. DePuy Orthopaedics, Inc. et al
| Billy Nation |
| DePuy Orthopaedics, Inc., DePuy International Limited, Depuy Inc., Johnson & Johnson, Johnson & Johnson Services, Incorporated and Johnson & Johnson International |
| Special Master |
| 8:2023cv00004 |
| January 3, 2023 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Mac R McCoy |
| Kathryn Kimball Mizelle |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 82
ENDORSED ORDER granting #81 Plaintiff's Motion for Leave to File Reply to Defendants' Opposition to Plaintiff's Motion to Strike and Motion to Exclude the Expert Report of Michael L. Granberry, M.D. (Doc. 79). Plaintiff may file a reply in further support of Plaintiff's Motion to Strike and Motion to Exclude the Untimely Filed Expert Report of Michael L. Granberry, M.D., with Memorandum of Support (Doc. #76) of no more than 5 pages no later than 3/8/2023. Signed by Magistrate Judge Mac R. McCoy on 3/1/2023. (CM)
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| Filing 81 MOTION for Miscellaneous Relief, specifically Plaintiff's Motion for Leave to File Reply to Defendants' Opposition to Plaintiff's Motion to Strike and Motion to Exclude the Expert Report of Michael L. Granberry, M.D. (Doc. 79) by Billy Nation. (Lampkin, James) Modified on 3/1/2023 (CTR). |
| Filing 80 MOTION for Miscellaneous Relief, specifically Motion for Status Conference by Billy Nation. (Lampkin, James) Modified on 3/1/2023 (CTR). |
| Filing 79 RESPONSE in Opposition re #76 MOTION to Strike and Motion to Exclude the Untimely Expert Report of Michael L. Granberry, M.D. with Memorandum of Support filed by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. (Attachments: #1 Exhibit 1)(Walz, David) Modified text on 2/24/2023 (MCB). |
| Filing 78 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1)(Walz, David) |
| Filing 77 NOTICE of Appearance by Andre Revaz on behalf of DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated (Revaz, Andre) |
| Filing 76 MOTION to Strike PLAINTIFF'S MOTION TO STRIKE AND MOTION TO EXCLUDE THE UNTIMELY FILED EXPERT REPORT OF MICHAEL L. GRANBERRY, M.D., WITH MEMORANDUM OF SUPPORT by Billy Nation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order Proposed Order)(Lampkin, James) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 75 MEMORANDUM in opposition re #35 Motion In Limine filed by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Walz, David) |
| Filing 74 RESPONSE to Motion re #34 MOTION in Limine (Omnibus) Plaintiff's Memorandum of Law in Response to Defendants' Omnibus Motion in Limine filed by Billy Nation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lampkin, James) |
| PRO HAC VICE FEES paid by attorney Jessica L. Brennan (Filing fee $150 receipt number TPA0633760.) Related document: #64 Unopposed MOTION for Jessica L. Brennan to appear pro hac vice . (ARC) |
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Filing 73
ORDER granting #69 Unopposed Motion for Special Admission. The Clerk is directed to add Aigner Kolom to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Aigner Kolom must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Aigner Kolom must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/25/2023. (CM)
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Filing 72
TEXT ORDER denying without prejudice #68 Motion for Special Admission. While the motion states that Ms. Tiffany Birley is a member in good standing of the Alabama State Bar, it does not specify whether she is a member in good standing of the bar of a United States district court, as required by this Court's Local Rules. See M.D. Fla. R. 2.01(c)(2). As a result, the Court denies the motion without prejudice. Ms. Birley may renew the motion, if appropriate, in full compliance with this Court's Local Rules. Signed by Magistrate Judge Mac R. McCoy on 1/25/2023. (CM)
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Filing 71
ORDER granting #67 Motion for Special Admission. The Clerk is directed to add Navan Ward, Jr. to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Navan Ward, Jr. must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Navan Ward, Jr. must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/25/2023. (CM)
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Filing 70
ORDER granting #66 Unopposed Motion for Special Admission. The Clerk is directed to add David Byrne to the service list. Unless already completed, within fourteen (14) days from the date of this Order, David Byrne must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, David Byrne must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/25/2023. (CM)
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| Filing 69 Unopposed MOTION for Aigner Kolom to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20432371 for $150 by Billy Nation. (Lampkin, James) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 68 Unopposed MOTION for Tiffany Birley to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20432340 for $150 by Billy Nation. (Lampkin, James) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 67 Unopposed MOTION for Navan Ward Jr to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20432313 for $150 by Billy Nation. (Lampkin, James) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 66 Unopposed MOTION for David Byrne to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20432246 for $150 by Billy Nation. (Lampkin, James) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 65
ORDER granting #64 Unopposed Motion for Special Admission. The Clerk is directed to add Jessica L. Brennan to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Jessica L. Brennan must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Jessica L. Brennan must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/23/2023. (CM)
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| Filing 64 Unopposed MOTION for Jessica L. Brennan to appear pro hac vice by All Defendants. (Attachments: #1 Exhibit 1)(Walz, David) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 63 CORPORATE Disclosure Statement by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. (Walz, David) |
| Filing 62 NOTICE of a related action per Local Rule 1.07(c) by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. Related case(s): No (Walz, David) |
| Filing 61 CERTIFICATE of interested persons and corporate disclosure statement by Billy Nation identifying Corporate Parent DePuy, Inc., Corporate Parent Johnson & Johnson, Corporate Parent Johnson & Johnson International, Corporate Parent DePuy International Limited, Corporate Parent DePuy Orthopaedics, Inc., Corporate Parent Johnson & Johnson Services, Inc. for Billy Nation. (Lampkin, James) |
| Filing 60 NOTICE of a related action per Local Rule 1.07(c) by Billy Nation. Related case(s): Yes (Lampkin, James) |
| Filing 59 NOTICE of Appearance by James Lampkin, II on behalf of Billy Nation (Lampkin, James) |
| Filing 58 Case Reassigned to Judge Charlene Edwards Honeywell. New case number: 8:23-cv-4-CEH-MRM. Judge Kathryn Kimball Mizelle no longer assigned to the case. (AG) |
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Filing 57
ORDER of recusal. The Clerk is directed to reassign this case by random draw. Signed by Judge Kathryn Kimball Mizelle on 1/13/2023. (MEV)
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| Filing 56 NOTICE of Appearance by Caycee Hampton on behalf of DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. (Hampton, Caycee) |
| Filing 55 NOTICE of Appearance by David J. Walz on behalf of DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Incorporated. (Walz, David) |
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Filing 54
CIVIL CASE STANDING ORDER. Signed by Judge Kathryn Kimball Mizelle on 1/4/2023. (MEV)
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| Filing 53 NOTICE to counsel of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB) |
| Filing 52 TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Kathryn Kimball Mizelle and Magistrate Judge Mac R. McCoy. New Case Number: 8:23-cv-4-KKM-MRM. (JNB) |
| Filing 51 Case transferred in from District of Texas Northern; Case Number 3:12-cv-03369. File received electronically |
| Filing 50 (Document Restricted) Sealed Response and Objection re: #32 Motion for Partial Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
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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 txnd on 1/3/2023.]
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| Filing 48 (Document Restricted) Sealed Response and Objection re: #28 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
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Filing 47
ELECTRONIC ORDER granting Plaintiff's Motion to Exceed Page Limit for Motion in Limine. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from txnd on 1/3/2023.]
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| Filing 46 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 24, 40] and conducting a telephonic hearing on December 29, 2022 [Dkt. 44], 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 Middle District of Florida pursuant to the recommendation in the parties' joint status report [Dkt. 38]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 25, 26, 27, 28, 29]; Motion for Partial Summary Judgment [Dkt. 32]; and Motions in Limine [Dkts. 34, 35]. 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 txnd on 1/3/2023.] |
| Filing 45 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #29 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from txnd on 1/3/2023.] |
| Filing 44 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 txnd on 1/3/2023.] |
| Filing 43 RESPONSE filed by Billy Nation re: #25 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| 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 txnd on 1/3/2023.] |
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Filing 41
ELECTRONIC ORDER - Before the Court is Plaintiff's 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 as moot as the special master has already addressed the concerns identified at a previous conference with counsel. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from txnd on 1/3/2023.]
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| Filing 40 Joint STATUS REPORT (Third) filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from txnd on 1/3/2023.] |
| Filing 39 RESPONSE filed by Billy Nation re: #27 (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) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 38 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from txnd on 1/3/2023.] |
| Filing 37 RESPONSE filed by Billy Nation re: #26 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 36 MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #35 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Billy Nation (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 35 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Billy Nation with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 34 MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
| Filing 33 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 9:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from txnd on 1/3/2023.] |
| Filing 32 MOTION for Partial Summary Judgment filed by Billy Nation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 31 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 txnd on 1/3/2023.] |
| Filing 30 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 txnd on 1/3/2023.] |
| Filing 29 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Billy Nation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 28 MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Billy Nation with Brief/Memorandum in Support. (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 27 (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 Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, 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 txnd on 1/3/2023.] |
| Filing 26 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
| Filing 25 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Inc(pty:dft), Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
| Filing 24 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from txnd on 1/3/2023.] |
| Filing 23 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 22], and the Court's Scheduling Order of September 16, 2022 [Dkt. 14], 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 Motion to Amend Scheduling Order [Dkt. 15] should be DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. filed by Special Master (Stanton, James) [Transferred from txnd on 1/3/2023.] |
| Filing 22 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 txnd on 1/3/2023.] |
| Filing 21 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 txnd on 1/3/2023.] |
| Filing 20 Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/19/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Amber A Thompson. (twd) [Transferred from txnd on 1/3/2023.] |
| Filing 19 Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/18/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Michael D O'Connor. (twd) [Transferred from txnd on 1/3/2023.] |
| Filing 18 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #15 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from txnd on 1/3/2023.] |
| Filing 17 ANSWER to #1 Complaint,,,, with Jury Demand filed by DePuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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 txnd on 1/3/2023.] |
| Filing 16 ANSWER to #1 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 and Instructions 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 txnd on 1/3/2023.] |
| Filing 15 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Billy Nation (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
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Filing 14
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 Defendant shall 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 txnd on 1/3/2023.]
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Filing 13
ELECTRONIC ORDER denying ALL Joint Motion(s) to Stay CMO 12 Obligations in these cases. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from txnd on 1/3/2023.]
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| Filing 12 Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Billy Nation (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 11 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from txnd on 1/3/2023.] |
| Filing 10 Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Billy Nation (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 9 Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Billy Nation (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 8 Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Billy Nation. (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
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Filing 7
ELECTRONIC ORDER granting Joint to Stay CMO 12 Deadlines to October 25, 2021. The Parties and DIRECTED to file a Joint Status Report on November 1, 2021, regarding the Status of this Case. (Ordered by Judge Ed Kinkeade on 8/23/2021) (chmb) [Transferred from txnd on 1/3/2023.]
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| Filing 6 Joint MOTION to Stay CMO 12 Obligations to October 25, 2021 filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Proposed Order) (Bruksch, Terri) [Transferred from txnd on 1/3/2023.] |
| Filing 5 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 txnd on 1/3/2023.] |
| Filing 4 NOTICE of Attorney Appearance by Michael V Powell, Seth Michael Roberts, Jessica D Miller on behalf of DePuy and Johnson and Johnson defendants. (gr) [Transferred from txnd on 1/3/2023.] |
| Case reassigned to Judge Ed Kinkeade pursuant to Amended SO 3-250. Chief Judge Sidney A Fitzwater no longer assigned to the case. (chmb) [Transferred from txnd on 1/3/2023.] |
| Filing 3 NOTICE OF RELATED FILING filed by Billy Nation (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Billy Nation. (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. filed by Billy Nation. Summons(es) not requested at this time. 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 0539-4780276) 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) (Ward, Navan) [Transferred from txnd on 1/3/2023.] |
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