Powers v. DePuy Orthopaedics Inc
| Thomas Powers |
| Depuy Orthopaedics Inc |
| Special Master |
| 3:2022cv03278 |
| December 30, 2022 |
| US District Court for the Central District of Illinois |
| Karen L McNaught |
| Sue E Myerscough |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
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 60 Short Record of Appeal Sent to US Court of Appeals re #57 Notice of Appeal. (JPS) |
| Filing 59 DOCKETING STATEMENT by Thomas Powers re #57 Notice of Appeal. (JPS) |
| Filing 58 MOTION for Leave to Appeal in forma pauperis by Plaintiff Thomas Powers. Responses due by 3/13/2023.(JPS) |
| Filing 57 NOTICE OF APPEAL by Thomas Powers. (JPS) |
| Filing 56 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Sue E. Myerscough on 2/17/2023. The Court denied Plaintiff's petition to proceed in forma pauperis (IFP") and directed him to "show proof by February 16, 2023, that he had paid all outstanding fees and costs for his lawsuits #51 . See Powers v. Wilcoxen, 2019 WL 11583332, at *2 (C.D.Ill., 2019) (concluding that Plaintiff "forfeited the privilege of proceeding in forma pauperis in any new or pending case or appeal until he had paid, in full, all outstanding fees and costs for all of his lawsuits"). The Court admonished Plaintiff that noncompliance would result in the dismissal of his suit. Instead of complying with the Court's instructions, Plaintiff filed another IFP petition #54 , a motion for counsel #53 , and a motion requesting the Court reconsider the denial of his original IFP petition. The Court DENIES Plaintiff's motion for reconsideration #52 for the reasons stated in the Court's Merit Review Order #51 . The deadline imposed by the Court has expired, but Plaintiff has not complied as instructed. Accordingly, the Court dismisses Plaintiff's case without prejudice. All outstanding motions not addressed in this Order are MOOT. (KE)
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| Filing 55 +++ PRISONER TRUST FUND LEDGER. (JPS) |
| Filing 54 MOTION for Leave to Proceed in forma pauperis by Plaintiff Thomas Powers. Responses due by 2/24/2023. (JPS) |
| Filing 53 MOTION to Appoint Counsel by Plaintiff Thomas Powers. Responses due by 2/24/2023.(JPS) (Additional attachment(s) added on 2/15/2023: #1 Exhibit) (SAG). |
| Filing 52 Motion to Reconsider #51 Merit Review Order by Thomas Powers re #51 Merit Review. (JPS) Modified on 2/16/2023 to correct event. (KE). |
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Filing 51
MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 1/17/2023. The Court DENIES Plaintiff's IFP petition #2 . Within thirty days of the entry of the Court's Merit Review Order, Plaintiff shall either pay the $402 filing fee or provide proof (under oath) that he has satisfied his financial obligation, as mentioned. See written order. (Attachments: #1 Seventh Circuit Order, #2 Mack Order)(KE)
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| Filing 50 Case transferred in from District of Texas Northern; Case Number 3:14-cv-00718. . |
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Filing 49
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb)
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| Filing 48 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' "joint" status report [Dkts. 38] filed by Defendant alone due to Plaintiff's incarceration, the special master recommends the Court vacate its existing scheduling order [Dkt. 30] and transfer this case for further proceedings. The record indicates no work has been done to prepare this case for trial and it would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. The special master recommends transferring the case to the Central District of Illinois pursuant to the venue statement in the Plaintiff's complaint [Dkt. 1]. Further, the special master notes per the transferor court the Plaintiff appears to be a vexatious litigant who has forfeited the privilege of proceeding in forma pauperis in any new or pending case or appeal until he had paid, in full, all outstanding fees and costs for all of his lawsuits. See Orders dated October 15, 2019, and May 9, 2022, from the United States Seventh Circuit Court of Appeals. filed by Special Master (Stanton, James) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:47,48,49. Fri Dec 30 12:42:16 CST 2022 (crt) |
| Filing 47 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Thu Dec 29 14:58:36 CST 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:46. Thu Dec 29 14:59:49 CST 2022 (crt) |
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Filing 46
ELECTRONIC ORDER - Plaintiff's various motions for appointment of counsel [Dkt. 3, 5, 16, 18, and 34] are DENIED because no applicable legal basis is identified for court-appointed counsel in this civil personal injury action; Plaintiff's motion for leave to file amended complaint [Dkt. 6] is DENIED as moot because the Court's scheduling order, entered after the motion was filed, permitted amendment; Plaintiff's motion for hearing [Dkt. 24] regarding compliance with CMO 12 is DENIED as moot because the Court did not dismiss the case for failure to comply with CMO 12 but instead entered its scheduling order; and, the Plaintiff's motion for access to a computer lab [Dkt. 15] ise DENIED. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb)
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| Filing 45 RESPONSE filed by Thomas Powers re: #38 Status Report. (sxf) |
| Filing 44 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) |
| Filing 43 STATUS REPORT filed by DePuy Orthopaedics Inc. (Bruksch, Terri) |
| Filing 42 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 41 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 40 MOTION for Summary Judgment filed by DePuy Orthopaedics Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Proposed Order) (Beisner, John) |
| Filing 39 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft) (Beisner, John) |
| Filing 38 STATUS REPORT filed by DePuy Orthopaedics Inc. (Bruksch, Terri) |
| Filing 37 MOTION to Compel Discovery filed by Thomas Powers. (axm) |
| Filing 36 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 35], and the Court's Scheduling Order of September 16, 2022 [Dkt. 30], 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. Plaintiff's various motions for appointment of counsel [Dkt. 3, 5, 16, 18, and 34] should be DENIED because no applicable legal basis is identified for court-appointed counsel in this civil personal injury action; Plaintiff's motion for leave to file amended complaint [Dkt. 6] should be DENIED as moot because the Court's scheduling order, entered after the motion was filed, permitted amendment; Plaintiff's motion for hearing [Dkt. 24] regarding compliance with CMO 12 should be DENIED as moot because the Court did not dismiss the case for failure to comply with CMO 12 but instead entered its scheduling order; and, the Plaintiff's motion for access to a computer lab [Dkt. 15] should also be DENIED. filed by Special Master (Stanton, James) |
| Filing 35 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.) |
| Filing 34 Second MOTION to Appoint Counsel filed by Thomas Powers. (axm) |
| Filing 33 ANSWER to #31 Amended 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, 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. (Bruksch, Terri) |
| Filing 32 RESPONSE to Case Management Order No. 12 filed by Thomas Powers re: 23 Order. (axm) |
| Filing 31 AMENDED COMPLAINT against DePuy Orthopaedics Inc filed by Thomas Powers. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (axm) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Tue Sep 20 16:31:47 CDT 2022 (crt) |
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Filing 30
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 29 Status Request by Thomas Powers with Deputy Clerk Response. (mms) |
| Filing 28 Status Request by Thomas Powers with Deputy Clerk Response. (mms) |
| Filing 27 Response to Case Management Order No. 12 filed by Thomas Powers. (mjr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Wed May 25 09:34:22 CDT 2022 (crt) |
| Filing 26 Status Request by Thomas Powers with Deputy Clerk Response (See document #24 for image) (ykp) |
| Filing 24 MOTION for Zoom Hearing and Status Request filed by Thomas Powers (ykp) |
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Filing 23
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 22 CERTIFICATE OF SERVICE by Thomas Powers. (mla) |
| Filing 21 Status Request by Thomas Powers with Deputy Clerk Response. (mlb) |
| Filing 20 Status Request by Thomas Powers with Deputy Clerk Response. (cdt) |
| Filing 19 CERTIFICATE OF SERVICE by Thomas Powers. (oyh) |
| Filing 18 MOTION to Appoint Counsel filed by Thomas Powers. (oyh) |
| Filing 17 CERTIFICATE OF SERVICE by Thomas Powers re #16 MOTION to Appoint Counsel, #15 MOTION for Access to Computer Lab. (axm) |
| Filing 16 MOTION to Appoint Counsel filed by Thomas Powers. (axm) |
| Filing 15 MOTION for Access to Computer Lab filed by Thomas Powers. (axm) |
| Filing 14 CERTIFICATE OF SERVICE by Thomas Powers. (ndt) |
| Filing 12 Correspondence filed by Thomas Powers. (twd) |
| Filing 11 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) |
| Filing 10 Status Request filed by Thomas Powers with Deputy Clerk Response. (ran) |
| Filing 9 Plaintiff Fact Sheet, filed by Thomas Powers. (ran) Modified document security per CRD request on 7/31/2017 (ran). |
| Filing 8 Status Request by Thomas Powers with Deputy Clerk Response. (twd) |
| Filing 7 Status Request by Thomas Powers with Deputy Clerk Response. (axm) |
| Filing 6 MOTION for Leave to File Amended Complaint filed by Thomas Powers. (ndt) |
| Filing 5 MOTION to Appoint Counsel filed by Thomas Powers. (ndt) |
| Filing 4 NOTICE of Filing filed by Thomas Powers. (ndt) |
| Filing 3 MOTION for Appointment of Counsel filed by Thomas Powers. (twd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Thomas Powers. (twd) |
| Filing 1 COMPLAINT against DePuy Orthopaedics Inc filed by Thomas Powers. 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. 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. (twd) |
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