Barroll v. DePuy Orthopaedics Inc et al
| Marshall M Barroll |
| DePuy Orthopaedics, Inc. and Johnson & Johnson |
| Special Master |
| 9:2022cv82003 |
| December 30, 2022 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER GRANTING MOTION TO STRIKE.ORDER STRIKING #43 Motion to Strike filed by Marshall M Barroll, as to #43 MOTION to Strike. The Clerk SHALL STRIKE from the record the appearances of Jeremy W. North and R. Stewart Barroll as counsel for Plaintiff. Signed by Judge Aileen M. Cannon on 2/28/2023. See attached document for full details. (nan)
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| Attorney Jeremy W. North representing Barroll, Marshall M (Plaintiff) terminated. Notice of Termination delivered by US Mail to Jeremy North. Per Order, DE#44 . (nan) |
| Filing 43 Consent MOTION to Strike Appearance of Counsel for Plaintiff by Marshall M Barroll. Responses due by 3/13/2023 (Attachments: #1 Text of Proposed Order)(ls) |
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Filing 42
PAPERLESS ORDER: The Court takes note of #39 Plaintiff's Notice of Pro Se Appearance and #40 Plaintiff's Consent to Receive Notice of Electronic Filings in which Plaintiff indicates his intent to proceed in this matter on a pro se basis. In the interest of justice and out of an abundance of caution, the Court will allow one final opportunity for the parties to submit a Joint Status Report. On or before March 3, 2023, the parties shall jointly file a Joint Status Report as required by the Court #28 . No more extensions of the deadline to file the Joint Status Report will be granted . Signed by Judge Aileen M. Cannon on 2/22/2023. (sj00)
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| Filing 41 STATUS REPORT by DePuy Orthopaedics, Inc., Johnson & Johnson (Walz, David) |
| Filing 40 Consent by Pro Se Litigant (Non-Prisoner) Marshall M Barroll to receive Notices of Electronic Filing at email address: marshallbarroll@gmail.com (ls) |
| Filing 39 NOTICE of Pro Se Appearance by Marshall M Barroll (ls) |
| Filing 38 NOTICE of Compliance by DePuy Orthopaedics, Inc., Johnson & Johnson re 37 Order,,,, (Walz, David) |
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Filing 37
PAPERLESS ORDER: The Court is in receipt of #36 Defendants' Notice Regarding Joint Status Report #36 . The Notice indicates that Plaintiff's out-of-state counsel has informed Defendants that Plaintiff still has not retained counsel authorized to practice before the Court despite the Court's order requiring Plaintiff to do so 34 . Plaintiff shall have one final opportunity to retain counsel authorized to practice before this Court. On or before February 21, 2023, Plaintiff shall obtain counsel authorized to practice before this Court and cause such counsel to enter a Notice of Appearance on the docket. By that same deadline, the parties shall file the required Joint Status Report #28 . Failure to retain counsel or file the required Joint Status Report will result in dismissal of this action without further notice. No further extensions of this deadline will be granted. Defense counsel shall email a copy of this Order to Plaintiff's out-of-state counsel and file a Notice of Compliance on or before February 10, 2023. Signed by Judge Aileen M. Cannon on 2/10/2023. (sj00)
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| Filing 36 NOTICE by DePuy Orthopaedics, Inc., Johnson & Johnson re 34 Order Striking,, (Notice Regarding Joint Status Report) (Walz, David) |
| Filing 35 NOTICE of Attorney Appearance by Andre Anthony Revaz on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson. Attorney Andre Anthony Revaz added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Andre Anthony Revaz added to party Johnson & Johnson(pty:dft). (Revaz, Andre) |
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Filing 34
PAPERLESS NOTICE striking #33 Defendants' Status Report. The Court ordered the parties to file a Joint Status Report by January 13, 2023 #28 and granted a two week extension of this deadline so that Plaintiff could obtain local counsel #31 32 . Despite this extension, there is no indication on the docket that Plaintiff has obtained local counsel, and the current status Report was signed only by Defendants. On or before February 7, 2023 Plaintiff shall obtain counsel authorized to practice before this Court, and the parties shall filed a joint renewed status report. Signed by Judge Aileen M. Cannon on 1/29/2023. (sj00)
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| Filing 33 "STRICKEN" STATUS REPORT (Joint) by DePuy Orthopaedics, Inc., Johnson & Johnson (Walz, David) Modified on 1/30/2023 (ls). (per DE #34) |
| Reset Deadlines. Status Report due by 1/27/2023. PER DE#32 (cds) |
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Filing 32
PAPERLESS ORDER granting #31 Defendants' Unopposed Motion for Extension of Time to File Status Report. On or before January 27, 2023, the parties shall file the required status report #28 . Signed by Judge Aileen M. Cannon on 1/16/2023. (sj00)
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| Filing 31 Unopposed MOTION for Extension of Time To File Status Report re #28 Status Report Order by DePuy Orthopaedics, Inc., Johnson & Johnson. Responses due by 1/27/2023 (Attachments: #1 Proposed Order)(Walz, David) |
| Filing 30 NOTICE of Attorney Appearance by Caycee Danielle Hampton on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson. Attorney Caycee Danielle Hampton added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Caycee Danielle Hampton added to party Johnson & Johnson(pty:dft). (Hampton, Caycee) |
| Filing 29 NOTICE of Attorney Appearance by David J. Walz on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson. Attorney David J. Walz added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney David J. Walz added to party Johnson & Johnson(pty:dft). (Walz, David) |
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Filing 28
ORDER Requiring Status Report: Joint Status Report due by 1/13/2023. Signed by Judge Aileen M. Cannon on 1/3/2023. See attached document for full details. (ls)
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| Filing 27 Bar Letter re: Admissions sent to attorney Jeremy W. North, R. Stewart Barroll, Michael V. Powell, Seth Michael Roberts, Jessica D. Miller, Terri Bruksch, mailing date December 30, 2022, (pt) |
| Filing 26 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (jua) |
| Filing 25 Case transferred in from Texas Northern; Case Number 3:12-cv-03984. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 24
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)
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| Filing 23 NOTICE of the Special Master's rulings. After reviewing the pleadings on file, the special master recommends this case be transferred for further proceedings because it is in the early stages of discovery and 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 Southern District of Florida pursuant to the recommendation in the parties' joint status report [Dkt. 21]. filed by Special Master (Stanton, James) |
| Filing 22 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) |
| Filing 21 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson. (Bruksch, Terri) |
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Filing 20
ELECTRONIC ORDER: The Scheduling Order in this case is hereby VACATED. (Ordered by Judge Ed Kinkeade on 12/21/2022) (chmb)
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| Filing 19 ANSWER to #1 Complaint,, with Jury Demand filed by Johnson & Johnson. 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) |
| Filing 18 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) |
| Filing 17 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) |
| Filing 16 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) |
| Filing 15 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.) |
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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 December 5, 2022; Each Defendant shall amend pleadings by December 16, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by December 30, 2022; the deposition of each Plaintiff expert shall be conducted between January 9, 2023, and January 20, 2023. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by January 6, 2023; the deposition of each Defendant expert shall be conducted between January 23, 2023 and February 3, 2023. 4. All discovery shall be completed by February 10, 2023. 5. All dispositive motions or Daubert motions shall be filed by February 17, 2023; and any response to the motions shall be filed by March 3, 2023. 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 February 23, 2023. (Ordered by Judge Ed Kinkeade on 11/30/2022) (chmb)
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Filing 13
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Alter or Amend Judgment, filed on October 27, 2022, the Motion is GRANTED to the extent that this case is REOPENED. (Ordered by Judge Ed Kinkeade on 11/30/2022) (chmb)
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| Filing 12 MOTION to Alter Judgment , MOTION to Amend/Correct 11 Order of Dismissal or Administrative Closure, () filed by Marshall M Barroll (Attachments: #1 Affidavit(s) Plaintiff Counsel Affidavit, #2 Affidavit(s) Plaintiff Affidavit) (North, Jeremy) |
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Filing 11
ELECTRONIC ORDER OF DISMISSAL - Before the Court is the Special Master James M. Stanton's notice to the Court that Plaintiffs have failed to comply with CMO-12. Accordingly, this case is DISMISSED without prejudice for failure to prosecute. (Ordered by Judge Ed Kinkeade on 9/30/2022) (chmb)
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| Filing 10 The Special Master has been notified that Plaintiff sent implant and revision records to Counsel for Defendants, as stated at the Status Conference on September 21, 2022, and that Plaintiff is still not incompliance with CMO-12. Accordingly, this case should be dismissed without prejudice. (Special Master - Stanton, James M.) (chmb) |
| Filing 9 Counsel for the parties and the Plaintiff Barroll appeared at the status conference; Counsel for Plaintiff acknowledged that Plaintiff is not in compliance with CMO 12 and committed to sending implant and revision records to Counsel for Defendant by September 26, 2022. Counsel for Defendant will provide an update to the Special Master regarding compliance with the September 26, 2022, deadline. (Stanton, James M. Special Master) (cea) |
| Filing 8 Pursuant to the Court's Order Appointing Special Master [Doc. 81], the parties are ordered to attend a telephonic status conference on Wednesday, September 21, 2022 at 1:50 p.m. Central Standard Time by calling 800-977-8002 and using passcode 8325765#. (Stanton, James M. Special Master) (cea) |
| Filing 7 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: 5 Order,, (Attachments: #1 Exhibit(s) A-Deficiency notices, #2 Proposed Order) (Bruksch, Terri) |
| Filing 6 MOTION to Stay Order to Show Cause filed by Marshall M Barroll (North, Jeremy) Modified on 6/10/2022 (chmb). |
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Filing 5
ELECTRONIC ORDER: Plaintiff is instructed to show cause within thirty (30) days why the claim should not be dismissed with 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. (Ordered by Judge Ed Kinkeade on 5/2/2022) (chmb)
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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. (lrl) |
| Filing 3 NOTICE of Attorney Appearance by Seth Michael Roberts, Michael V Powell, Jessica D Miller on behalf of DePuy & Johnson & Johnson defendants (jeh) |
| Filing 2 Summons Issued as to Johnson and Johnson. (ctf) |
| Filing 1 COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc, Johnson and Johnson filed by Marshall M Barroll. (Filing fee $350.00; Receipt number 61555) 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 (ctf) |
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