Cannon v. DePuy Orthopaedics Inc et al
| Larry N Cannon, Jr. |
| DePuy Orthopaedics, Inc., Johnson & Johnson and Johnson & Johnson Services Inc. |
| Special Master |
| 1:2022cv05152 |
| December 30, 2022 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Thomas W Thrash |
| 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 February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 MOTION for Extension of Time to File Response to Defendants' #40 MOTION Disqualify Plaintiff's Expert Stephen Li (Corrected) to 3/3/2023. Signed by Judge Michael L. Brown on 2/27/2023. (dob)
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| Filing 43 MOTION for Extension of Time to File Response to Defendants' Motion and Memorandum in Support of Motion to Disqualify Plaintiff's Expert Stephen Li re: #40 MOTION Disqualify Plaintiff's Expert Stephen Li (Corrected) by Larry N Cannon, Jr. (Attachments: #1 Text of Proposed Order)(Maki, Laura) |
| Filing 42 APPLICATION for Admission of Joshua Dustin Moore Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12415184).by Larry N Cannon, Jr. (Maki, Laura) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 41 NOTICE of Appearance by Laura Sidwell Maki on behalf of Larry N Cannon, Jr (Maki, Laura) |
| APPROVAL by Clerks Office re: #37 APPLICATION for Admission of Chanda A. Miller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12367925). Attorney Chanda A. Miller added appearing on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc. (cdg) |
| Filing 40 MOTION Disqualify Plaintiff's Expert Stephen Li (Corrected) with Brief In Support by DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Baugh, Christina) |
| Filing 39 ---DOCUMENT RE-FILED AT ENTRY #40 --- MOTION Disqualify Plaintiff's Expert Stephen Li with Brief In Support by DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Baugh, Christina) Modified on 2/13/2023 (rlh). |
| Filing 38 Withdrawal of Motion #20 (Document Restricted) Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by Johnson & Johnson, DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc., #22 MOTION in Limine (Omnibus) filed by Johnson & Johnson, DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc., #16 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by Johnson & Johnson, DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc., #21 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (Sealed pursuant to order dated 6/20/2012) filed by Johnson & Johnson, DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc. filed by DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Baugh, Christina) |
| Filing 37 APPLICATION for Admission of Chanda A. Miller Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12367925). with Brief In Support by DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc.. (Attachments: #1 Text of Proposed Order)(Baugh, Christina) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 36 Minute Entry for proceedings held before Judge Michael L. Brown: Status Conference held on 1/19/2023. The Court DIRECTED the parties to withdraw their pending motions (Dkts. 16, 17, 20, 21, 22). Defendants shall refile their motion to disqualify Plaintiff's expert, Stephen Li, no later than February 10, 2023. The Court's other rulings are as stated in the record. (Court Reporter Jana Colter)(dob) |
| Filing 35 NOTICE of Appearance by Christina M Baugh on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson Services Inc. (Baugh, Christina) |
| NOTICE OF TELEPHONE PROCEEDING (by docket entry only): The Court SETS a Status Conference for 1/19/2023 at 10:00 AM via Zoom before Judge Michael L. Brown. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605192045. Meeting ID: 160 519 2045. Passcode: 629553. Telephone Number: 646-828-7666. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jpk) |
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Filing 34
STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk)
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Filing 33
ORDER REASSIGNING CASE. Case reassigned to Judge Michael L. Brown for all further proceedings. Judge Thomas W. Thrash, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:22-cv-05152-MLB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 01/04/2023. (rsg)
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| Filing 32 Case transferred in from District of Texas Northern; Case Number 3:14-cv-01583. Original file certified copy of transfer order and docket sheet received. |
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Filing 31
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 30 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 15, 25] and conducting a telephonic hearing on December 29, 2022 [Dkt. 28], 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 Northern District of Georgia pursuant to the recommendation in the parties' joint status report [Dkt. 24]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 16, 17]; Motion for Summary Judgment [Dkt. 20]; Motion to Disqualify [Dkt. 21]; and Motion in Limine [Dkt. 22]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 29 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #17 MOTION Exclude or Limit Defense Expert Opinions (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 28 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 27 RESPONSE filed by Larry N. Cannon, Jr. re: #16 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Moore, Joshua) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 26 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 25 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 24 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 23 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 8:00 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 22 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 21 (Document Restricted) MOTION TO DISQUALIFY PLAINTIFFS EXPERTS DANA MEDLIN AND STEPHEN LI (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 20 (Document Restricted) Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 19 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 18 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 17 MOTION Exclude or Limit Defense Expert Opinions filed by Larry N. Cannon, Jr. with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Moore, Joshua) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 16 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 15 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 14 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 13], and the Court's Scheduling Order of September 16, 2022 [Dkt. 7], 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. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 13 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 12 Designation of Experts by Larry N. Cannon, Jr.. (Moore, Joshua) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 11 NOTICE of Attorney Appearance by Joshua Dustin Moore, I on behalf of Larry N. Cannon, Jr.. (Filer confirms contact info in ECF is current.) (Moore, Joshua) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 10 ANSWER to #1 Complaint,,,, with Jury Demand filed by Johnson & Johnson, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms 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 Texas Northern on 12/30/2022.] |
| Filing 9 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 Texas Northern on 12/30/2022.] |
| Filing 8 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 7
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 6 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 5 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 4 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 3 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (cea) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Donna Lynn Cannon (Deceased), Larry N. Cannon, Jr.. (Goetz, Michael) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Larry N. Cannon, Jr., Donna Lynn Cannon (Deceased). (Filing fee $400; Receipt number 0539-6009776) Summons(es) not requested at this time. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Cover Sheet, #2 Notice of Pendency of Related Action) (Goetz, Michael) [Transferred from Texas Northern on 12/30/2022.] |
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