Jennings-Moline v. DePuy Orthopaedics, Inc. et al
| Terry Jennings-Moline |
| DePuy Orthopaedics, Inc., Depuy Products, Inc., DePuy International Limited, Johnson & Johnson Company and Johnson & Johnson Services, Inc. |
| Special Master |
| 2:2023cv00031 |
| January 19, 2023 |
| US District Court for the District of Idaho |
| B Lynn Winmill |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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Filing 57
DOCKET ENTRY ORDER APPROVING (Dkt. #56 ) Motion for Pro Hac Vice Appearance of attorney Gabriellle Anderson-Thompson for DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., for Johnson & Johnson Company, for Johnson & Johnson Services, Inc. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
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Filing 56
MOTION FOR PRO HAC VICE APPEARANCE by Gabrielle Anderson-Thompson. ( Filing fee $ 250 receipt number AIDDC-2526761.)Elijah Martin Watkins appearing for Defendants DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., Johnson & Johnson Company, Johnson & Johnson Services, Inc.. Responses due by 3/16/2023 (Watkins, Elijah)
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Filing 55
Docket Text Minute Entry for proceedings held before Judge B Lynn Winmill: An informal Video Status Conference was held on 2/23/2023. Appearances: Wes Larsen on behalf of Plaintiff. Elijah Watkins and Gabrielle Anderson-Thompson (Pro Hac) on behalf of the Defendants. The Court and counsel discussed the status of the case. Hearing to be set for a future date to address Motion for Summary Judgement ( #33 ) and Motions to Exclude Expert Testimony ( #28 , #29 , #30 , #31 , and #32 ). (ESR: Kim Tudela) Hearing Not Recorded. (Time: 3:00-3:07) (kt)
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Filing 54
DOCKET ENTRY NOTICE OF HEARING: A Video Status Conference is set for 2/23/2023 at 3:00 PM Mountain Time via Zoom before Judge B Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)
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Filing 53
DOCKET ENTRY NOTICE - All out of state counsel continuing representation need to obtain local counsel and file an Application for Pro Hac Vice. Please see Local Rule, Civil Rule 83.4 Bar Admission e) Pro Hac Vice/Local Counsel and ECF Procedures 3. Registration, Logins and Passwords. B. Limited Registered Participants.1. (jd)
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Filing 51
Case transferred in from District of Texas Northern; Case Number 3:20-cv-00287. Original file certified copy of transfer order and docket sheet received.
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Filing 52
CONDITIONAL REMAND ORDER MDL No. 2244 (Attachments: #1 Suggestion of Remand Order part 1, #2 Suggestion of Remand Order part 2)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 50
CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd)
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Filing 49
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc re: #36 MOTION in Limine (Beisner, John)
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Filing 48
RESPONSE AND OBJECTION filed by Terry Jennings-Moline re: #35 MOTION in Limine (omnibus) (Attachments: #1 Appendix) (Larsen, Wes)
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Filing 47
Joint STATUS REPORT (Third) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri)
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Filing 46
RESPONSE filed by Terry Jennings-Moline re: #30 Sealed MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF NATHANIEL P. YOUNG (Attachments: #1 Appendix) (Larsen, Wes)
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Filing 45
RESPONSE filed by Terry Jennings-Moline re: #29 Sealed 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 (Attachments: #1 Appendix) (Larsen, Wes)
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Filing 44
RESPONSE filed by Terry Jennings-Moline re: #33 Sealed Motion for Summary Judgment (Attachments: #1 Memorandum in Support of Response, #2 Appendix, #3 Proposed Order) (Larsen, Wes)
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Filing 43
(Document Restricted) Sealed Response and Objection re: #32 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John)
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Filing 42
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding 16 cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified 15 cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb)
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Filing 41
NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 27, 37] and conducting a telephonic hearing on December 28, 2022 [Dkt. 39], 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. The following motions are currently pending in this case: Motions to Exclude [Dkts. 28, 29, 30, 31, 32]; Motion for Summary Judgment [Dkt. 33]; and Motions in Limine [Dkts. 35, 36]. 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)
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Filing 40
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc re: #31 MOTION Exclude or Limit Defense Expert Opinions (Beisner, John)
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Filing 39
Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON WEDNESDAY, DECEMBER 28, 2022 filed by Special Master. (Stanton, James)
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Filing 38
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)
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Filing 37
Joint STATUS REPORT (Updated) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 36
MOTION in Limine filed by Terry Jennings-Moline with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Larsen, Wes)
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Filing 35
MOTION in Limine (omnibus) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John)
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Filing 34
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 28, 2022 at 10:00 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James)
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Filing 33
(Document Restricted) Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Proposed Order) (Beisner, John)
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Filing 32
MOTION Exclude Defendants' Non-Retained Expert Testimony filed by Terry Jennings-Moline with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1) (Larsen, Wes)
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Filing 31
MOTION Exclude or Limit Defense Expert Opinions filed by Terry Jennings-Moline with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A) (Larsen, Wes)
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Filing 30
(Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF NATHANIEL P. YOUNG (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John)
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Filing 29
(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 Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, 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)
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Filing 28
MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, 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 DePuy Products Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Company(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John)
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Filing 27
Joint STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 26
NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 25], and the Court's Scheduling Order of September 16, 2022 [Dkt. 20], 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)
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Filing 25
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 24
ANSWER to Complaint with Jury Demand filed by DePuy International Limited, DePuy Products Inc, Johnson & Johnson Company, 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. Attorney Terri Bruksch added to party DePuy International Limited(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Company(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Services Inc(pty:dft) (Bruksch, Terri)
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Filing 23
ANSWER to 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. Attorney Terri Bruksch added to party DePuy Orthopaedics Inc(pty:dft) (Bruksch, Terri)
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Filing 22
RESPONSE AND OBJECTION filed by Terry Jennings-Moline re: #21 Status Report (Larsen, Wes)
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Filing 21
STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 20
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)
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Filing 19
STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 18
STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 17
STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
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Filing 16
Case electronically transferred in from District of Idaho; Case Number 2:19-cv-00235. 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. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
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Filing 15
ORDER GRANTING UNOPPOSED MOTION TO TRANSFER. Transferring case to MDL PANEL for Northern District of Texas (MDL No. 2244) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) [Transferred from Idaho on 2/5/2020.]
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Filing 14
SCHEDULING ORDER TRACK: (Complex). IT IS HEREBY ORDERED that the following recitation of deadlines and procedures will govern this litigation: All dispositive motions, including motions for punitive damages, must be filed by July 14, 2021. Motions to amend pleadings and join parties, except for allegations of punitive damages, must be filed on or before April 14, 2020. The parties have chosen to participate in mediation. ADR must be held by May 14, 2021. All fact discovery must be completed by June 30, 2021. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh) [Transferred from Idaho on 2/5/2020.]
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Filing 13
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., Johnson & Johnson Company, Johnson & Johnson Services, Inc.. (Watkins, Elijah) [Transferred from Idaho on 2/5/2020.]
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Filing 12
DISCOVERY PLAN by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., Johnson & Johnson Company, Johnson & Johnson Services, Inc. . (Watkins, Elijah) [Transferred from Idaho on 2/5/2020.]
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Filing 11
NOTICE of Related Actions (alw) [Transferred from Idaho on 2/5/2020.]
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Filing 10
NOTICE. The Clerk of the Panel has determined the listed action(s) is not appropriate for inclusion in this MDL. (alw) [Transferred from Idaho on 2/5/2020.]
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Filing 9
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 1/14/2020 11:00 AM in Telephonic Hearing - Boise Chambers before Judge B. Lynn Winmill. On or before January 10, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Signed by Judge B. Lynn Winmill. (alw) [Transferred from Idaho on 2/5/2020.]
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Filing 8
NOTICE by Terry Jennings-Moline Regarding Potential Multidistrict Litigation Case (Larsen, Wes) [Transferred from Idaho on 2/5/2020.]
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The 60 day deadline has expired. Case will remain with District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw) [Transferred from Idaho on 2/5/2020.]
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Filing 7
Docket entry only - CONSENT to Magistrate Judge filed. (ckh) [Transferred from Idaho on 2/5/2020.]
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Filing 6
CERTIFICATE OF SERVICE by Terry Jennings-Moline as to Defendant DePuy International Limited (Larsen, Wes) [Transferred from Idaho on 2/5/2020.]
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Filing 5
NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for plaintiffs and defendants re #1 Notice of Removal, Consent/Objection to Magistrate due by 9/3/2019. (jd) [Transferred from Idaho on 2/5/2020.]
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Filing 4
SUPPLEMENT (State court complaint) by Defendants DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., Johnson & Johnson Company, Johnson & Johnson Services, Inc. re #1 Notice of Removal, . (Attachments: #1 Exhibit 2 - Summons to DePuy Orthopaedics, Inc., #2 Exhibit 3 - Summons to DePuy Products, Inc., #3 Exhibit 4 - Summons to DePuy International Limited, #4 Exhibit 5 - Summons to Johnson & Johnson Company, #5 Exhibit 6 - Summons to Johnson & Johnson Services, Inc., #6 Exhibit 7 - Summons Returned Executed to Johnson & Johnson Company, #7 Exhibit 8 - Summons Returned Executed to Johnson & Johnson Services, Inc., #8 Exhibit 9 - Summons Returned Executed to DePuy Orthopaedics, Inc., #9 Exhibit 10 - Summons Returned Executed to DePuy Products, Inc., #10 Exhibit 11 - Kootenai County District Court Docket)(Watkins, Elijah) Modified to add state court complaint language on 7/2/2019 (jd). [Transferred from Idaho on 2/5/2020.]
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DISREGARD: Set Deadlines/Hearings: Per MDO dkt 129, Within fourteen (14) days of the issuance of this Memorandum Decision and Order, Home Depot will file a motion for costs and fees associated with its preparation and attendance of the canceled Benjamin deposition: Case Management deadline set for 7/15/2019. (jp) Modified on 7/3/2019: DISREGARD this entry. It was docketed in the wrong case (jp). [Transferred from Idaho on 2/5/2020.]
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CORRECTIVE ENTRY - The exhibits to the Notice of Removal are filed incorrectly in this case. All state court documents shall be individual attachments to the Notice of Removal and labeled the document name. The filing party shall re-submit the exhibits under "Supplement".(jd) [Transferred from Idaho on 2/5/2020.]
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Filing 3
Corporate Disclosure Statement by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Products, Inc., Johnson & Johnson Company, Johnson & Johnson Services, Inc.. (Watkins, Elijah) [Transferred from Idaho on 2/5/2020.]
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Filing 2
Civil Cover Sheet re #1 Notice of Removal, filed by Johnson & Johnson Services, Inc., Depuy Products, Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson Company. (Watkins, Elijah) [Transferred from Idaho on 2/5/2020.]
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Filing 1
NOTICE OF REMOVAL by Johnson & Johnson Services, Inc., DePuy Orthopaedics, Inc., DePuy International Limited, Johnson & Johnson Company, Depuy Products, Inc. from Kootenai County District Court, case number CV28-19-3220.(Filing fee $400 receipt number0976-1904768.), filed by Johnson & Johnson Services, Inc., DePuy Orthopaedics, Inc., DePuy International Limited, Johnson & Johnson Company, Depuy Products, Inc.. (Attachments: #1 Exhibit 1 to Notice of Removal)(Watkins, Elijah) [Transferred from Idaho on 2/5/2020.]
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