Nash v. DePuy Synthes Products, Inc.
| Alice L. Nash |
| DePuy Synthes Products, Inc. |
| 2:2022cv14274 |
| July 29, 2022 |
| US District Court for the Southern District of Florida |
| Ryon M McCabe |
| K Michael Moore |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 PAPERLESS NOTICE OF COURT PRACTICE. THIS CAUSE came before the Court upon the Plaintiff's Notice of Settlement. #34 . Therein, the Plaintiff states that a settlement has been reached. See id. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within sixty (60) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/10/2023. (rhr) |
| Filing 34 NOTICE of Settlement by Alice L. Nash (Visca, Robert) |
Filing 33
PAPERLESS ORDER SETTING HEARING: The Court has reviewed Plaintiff's Motion to Compel Records ("Motion") [DE 27]. A hearing on Plaintiff's Motion shall be conducted via Zoom video teleconference (VTC) on Monday, April 10, at 4:00 p.m. in the West Palm Beach Division before Magistrate Judge Ryon McCabe. To log in through ZoomGov Meeting, use Meeting ID: 160 562 6259 and Passcode: 508973. All participants at the hearing are expected to appear by both audio and video. In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith as directed in the Court's Discovery Order [DE 6], for as long as necessary to address the pending discovery disputes in an effort to resolve them. Signed by Magistrate Judge Ryon M. McCabe on 4/3/2023. (mw00)
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| Filing 32 Unopposed MOTION to Seal per Local Rule 5.4 by DePuy Synthes Products, Inc.. (Kruppa, Andrew) |
| Filing 31 RESPONSE in Opposition re #27 Plaintiff's MOTION to Compel Records filed by DePuy Synthes Products, Inc.. Replies due by 4/6/2023. (Kruppa, Andrew) |
| SYSTEM ENTRY - Docket Entry 30 [misc] restricted/sealed until further notice. (1495627) |
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Filing 29
ORDER granting #28 Motion to Seal. Signed by Judge K. Michael Moore on 3/24/2023. See attached document for full details. (rhr)
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| Filing 28 Unopposed MOTION to Seal per Local Rule 5.4 by Alice L. Nash. (Visca, Robert) |
| Filing 27 Plaintiff's MOTION to Compel Records by Alice L. Nash. Responses due by 4/6/2023 (Attachments: #1 Exhibit A- Surgical Report, #2 Exhibit B- Def's Resp to 2nd RFP, #3 Exhibit C- To Be Filed Under Seal, #4 Exhibit D- Affidavit)(Visca, Robert) |
| Filing 26 NOTICE by Alice L. Nash RENEWED Notice of Scheduling Mediation (Fotiu-Wojtowicz, Alaina) |
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Relief to Conduct Mediation Remotely in Light of Plaintiff's Severe Physical Limitations. #24 . Therein, the Parties' request permission to conduct their mediation remotely, as Plaintiff is an eighty-seven year old suffering from a defective hip implant (which constitutes the basis for the action against Defendant). Id. at 1. Both Parties aver that Plaintiff's hip condition has not improved since the initial surgery, and while possible to "engineer a set-up to travel to and sit at an in-person mediation, it would be extremely difficult and uncomfortable for her to sit in an office... without her specialized chair." Id. at 3. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #24 is GRANTED. The Parties shall file a renewed Notice of Mediation consistent with this Order on or before Friday, February 24, 2023. Signed by Judge K. Michael Moore on 2/22/2023. (fpi)
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| Filing 24 Joint Motion for Relief to Conduct Mediation Remotely in Light of Plaintiff's Severe Physical Limitations re 23 Order Striking, by Alice L. Nash. (Fotiu-Wojtowicz, Alaina) |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Notice of Mediation. #22 . Therein, the Parties' mediator states that the Parties intend to conduct their mediation remotely. See id. When the Court referred this matter to supplemental mediation, it ordered that "[t]he physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory." (ECF No. 12). Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Notice of Mediation #22 is STRICKEN. The Parties shall file a renewed Notice of Mediation in compliance with the Court's Paperless Order of Referral to Mediation within seven (7) days of the entry of this Order. The Parties are reminded that "[t]he Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements" or otherwise violate the Court's Paperless Order of Referral to Mediation. (ECF No. 12). Signed by Judge K. Michael Moore on 2/15/2023. (fpi)
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| Filing 22 STRICKEN per DE# 23 , NOTICE by Alice L. Nash of Scheduling Mediation (Fotiu-Wojtowicz, Alaina) Modified text on 2/16/2023 (jas). |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Parties' Joint Motion for Brief Continuance and to Extend Certain Case Deadlines #20 . ("Mot."). Therein, the Parties request an approximately two-month continuance of all trial deadlines for a litany of reasons, including (a) their lack of diligence in adhering to the Court's discovery schedule as it stands; (b) the influence of yet-to-be-ascertained information on yet-to-be-held depositions; (c) the complexity of the case; (d) Plaintiff's scheduling for an additional surgery; and (e) Defense counsel's trial conflict with another case which has been pending since 2013. See generally Mot. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Id. Here, while the Court finds good cause for a brief continuance based on Plaintiff's surgery and the culmination of Defense counsel's approximately ten-year litigation, it cannot help but question whether a continuance is merited for the Parties' other justifications. While the Parties have known of their impending discovery deadlines for over half a year, see (ECF No. 12), they effectively aver that they have just begun with the scheduling and taking of depositions in spite of their discovery deadline in March. See generally Mot. See id. at 2, 3. The Court will not condone such a lack of diligence again and will grant no further continuances on similar bases. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #20 is GRANTED. This trial in this case is continued until the two-week trial period commencing August 28, 2023 before U.S. District Judge K. Michael Moore, United States District Courthouse, 101 South U.S. Highway 1, Ft. Pierce, Florida. COUNSEL shall now report to their final pretrial conference on August 15, 2023 at 11:00 a.m. and the calendar call on August 24, 2023 at 2:00 p.m., both before the Honorable K. Michael Moore, U.S. District Judge, at the United States Courthouse, Courtroom 13-1, 400 North Miami Avenue, Miami, Florida. All discovery deadlines established by this Court's prior Paperless Order Scheduling Trial in Fort Pierce (ECF No. 11) are commensurately extended in accordance with the new trial date set above. No further continuances shall be granted without a showing of good cause as explained in this Order. Signed by Judge K. Michael Moore on 2/6/2023. (fpi)
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| Filing 20 MOTION to Continue Joint Motion for Brief Continuance and to Extend Certain Deadlines re 11 Scheduling Order,,,,,,,,,,,,,,,,,,,,,,,, by DePuy Synthes Products, Inc.. Responses due by 2/17/2023 (Attachments: #1 Exhibit A)(Kruppa, Andrew) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for J.T. Larson, Jr. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. J.T. Larson, Jr. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: jtlarson@btlaw.com. Signed by Judge K. Michael Moore on 1/24/2023. (fpi)
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| Filing 18 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for J.T. Larson, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-16261195 by DePuy Synthes Products, Inc.. Responses due by 2/6/2023 (Attachments: #1 Text of Proposed Order)(Kruppa, Andrew) |
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Filing 17
PAPERLESS ORDER granting #16 Joint Motion for Entry of a Stipulated Confidentiality and Protective Order. See attached document for full details. Signed by Magistrate Judge Ryon M. McCabe on 11/2/2022. (mw00)
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| Filing 16 Joint MOTION for Confidentiality Order Joint Motion for Entry of a Stipulated Confidentiality and Protective Order by DePuy Synthes Products, Inc.. (Attachments: #1 Exhibit 1)(Kruppa, Andrew) |
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Filing 15
PAPERLESS ORDER granting #14 Unopposed Motion for Extension of Time to File Motion to Compel ("Motion"). The Court notes that paragraph 7 of the Motion states that "Plaintiff's counsel has conferred with defense counsel who does not oppose the extension of time." The Court appreciates the good faith conferral of counsel as to this Motion; however, for future purposes, all counsel are reminded that Local Rule 7.1 (a)(3) requires a certificate of conferral "[a]t the end of the motion, and above the signature block[.]" As to the extension, it will not affect the trial date or any other deadlines set forth in the Pretrial Scheduling Order 11 . Therefore the extension is granted. Plaintiff shall have until November 18, 2022, to file a discovery motion to compel if necessary. Going forward, the parties may, by agreement, modify interim deadlines such as this without need of court approval, so long as the agreed modification does not impact the discovery cutoff date, or any litigation deadlines thereafter. Signed by Magistrate Judge Ryon M. McCabe on 10/31/2022. (mw00)
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| Filing 14 Unopposed MOTION for Extension of Time to File Motion to Compel by Alice L. Nash. Responses due by 11/14/2022 (Visca, Robert) |
| Filing 13 NOTICE of Mediator Selection. Selected/Added Rodney Max as Mediator. (Fotiu-Wojtowicz, Alaina) |
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Filing 12
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning 07/03/23, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 8/18/2022. (fpi)
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Filing 11
PAPERLESS ORDER SCHEDULING TRIAL IN FORT PIERCE. This case is now set for trial commencing the two-week trial period of July 3, 2023 at 9 a.m. at the United States District Courthouse, 101 South U.S. Highway 1, Ft. Pierce, Florida. All parties are directed to report to the calendar call on June 29, 2023 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for June 20, 2023, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Partys statement of material facts shall be filed as separate exhibits within the Courts electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form ECF No. In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Courts electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 8/18/2022. (fpi) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Alice L. Nash (Visca, Robert) |
| Filing 9 Joint SCHEDULING REPORT - Rule 26(f) by Alice L. Nash (Fotiu-Wojtowicz, Alaina) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by DePuy Synthes Products, Inc. identifying Corporate Parent Johnson & Johnson for DePuy Synthes Products, Inc. (Kruppa, Andrew) |
| Filing 7 Depuy Synthes Products, Inc.'s Answer to Complaint ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by DePuy Synthes Products, Inc.. Attorney Amanda Elizabeth Preston added to party DePuy Synthes Products, Inc.(pty:dft). (Preston, Amanda) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Ryon M. McCabe on 8/1/2022. See attached document for full details. (scn)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Ryon M. McCabe to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge McCabe's discovery procedures. Signed by Judge K. Michael Moore on 8/1/2022. (elm)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/1/2022. (elm)
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| Filing 3 NOTICE by DePuy Synthes Products, Inc. Certificate of Filing in State Court (Kruppa, Andrew) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15831786, filed by DePuy Synthes Products, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1 - Complaint, #4 Exhibit 2 - State Court Documents, #5 Docket Sheet)(Kruppa, Andrew) |
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