Bell v. DePuy Orthopaedics Inc et al
| Robert L Bell, Jr |
| Depuy Orthopaedics Inc and Johnson & Johnson |
| Special Master |
| 3:2023cv03008 |
| January 12, 2023 |
| US District Court for the Central District of Illinois |
| Karen L McNaught |
| Sue E Myerscough |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 30 Case transferred in from District of Texas Northern; Case Number 3:15-cv-01735. . |
| Filing 29 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) |
| Filing 28 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, Johnson & Johnson. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri) |
Filing 27
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding seven 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 seven 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) (chmb).
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| Filing 26 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. filed by Special Master (Stanton, James) |
| Filing 25 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 24
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 23 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 22 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 21 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 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 December 2, 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 11/19/2022) (chmb)
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| Filing 19 RESPONSE filed by Robert L Bell, Jr re: 17 Order,, (Attachments: #1 Exhibit(s)) (Meyer, Michael) |
| Filing 18 RESPONSE and MOTION to Extend CMO 12 Deadlines filed by Robert L Bell, Jr. (Meyer, Michael) Docket event and text modified on 10/20/2022 (twd). |
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Filing 17
ELECTRONIC ORDER: ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without 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. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 9/19/2022) (chmb)
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| Filing 16 RESPONSE AND MOTION FOR EXTENSION OF TIME TO COMPLY WITH CMO 12 DEADLINES filed by Robert L Bell, Jr re: 15 Order,, (Meyer, Michael) Modified on 8/10/2022 (chmb). |
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Filing 15
ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without 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. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 7/11/2022) (chmb)
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| Filing 14 RESPONSE filed by Robert L Bell, Jr re: 11 Order,, (Meyer, Michael) |
| Filing 13 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: 11 Order,, (Attachments: #1 Exhibit(s) A - Correspondence, #2 Proposed Order) (Bruksch, Terri) |
| Filing 12 RESPONSE filed by Robert L Bell, Jr re: 11 Order,, (Meyer, Michael) |
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Filing 11
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 10 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) |
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Filing 9
ELECTRONIC ORDER - Before the Court is the Parties' Unopposed Motion to Extend CMO 12 Deadlines. The Court has been notified that the Parties will be conducting mediation, and therefore the Motion is GRANTED. The Parties are DIRECTED to file a Joint Status Report on Mediation 10 days after the mediation has occurred. Further, the Parties' shall comply with all Case Management Order No. 12 deadlines no later than November 20, 2021. (Ordered by Judge Ed Kinkeade on 8/26/2021) (chmb)
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| Filing 8 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/14/2021. Counsel for Plaintiff and Defendant appeared via teleconference and advised the court that the parties have not reached a settlement. Pursuant to CMO 13 [Doc. 1150], the parties are directed to attend mediation within 120 days of this order to be scheduled via email correspondence. (James M. Stanton Special Master). (cea) |
| Filing 7 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master James M. Stanton requires counsel for the parties to attend a telephonic status conference on July 14, 2021, at 11:30 a.m. Central Standard Time to receive an update from counsel on the status of the litigation and scheduling a mediation by calling 800-920-7487 and using passcode 8325765#. (James M. Stanton - Special Master.) (twd) |
| Filing 6 MOTION to Extend Time CMO 12 OBLIGATIONS filed by Robert L Bell, Jr (Attachments: #1 Exhibit(s) EMAIL OBJECTION) (Meyer, Michael) |
| Filing 5 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 4 Case electronically transferred in from District of Illinois Central; Case Number 3:15-cv-03123. 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. |
| Filing 3 Conditional Transfer Order entered by Clerk, MDL Panel, transferring this case to the Northern District of Texas. This case is terminated. (ME, ilcd) [Transferred from Illinois Central on 5/20/2015.] |
| TEXT ONLY ENTRY: MINUTE ORDER - TO INVOLVED CLERKS - Conditional Transfer Order (CTO-213) Finalized on 5/13/15. Please see pleading (3 in ARE/4:15-cv-00109, 3 in CAC/2:15-cv-03026, 3 in ILC/3:15-cv-03123, 1533 in MDL No. 2244, 3 in OHN/1:12-dp-20565). As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the N.D. Texas for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred.Signed by Clerk of the Panel Jeffery N. Luthi on 5/13/2015.Associated Cases: MDL No. 2244, ARE/4:15-cv-00109, CAC/2:15-cv-03026, ILC/3:15-cv-03123, OHN/1:12-dp-20565 (dn) (ME, ilcd) [Transferred from Illinois Central on 5/20/2015.] |
| Filing 2 NOTICE of Related Actions (MAS, ilcd) [Transferred from Illinois Central on 5/20/2015.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2061522.), filed by Robert L. Bell., Jr. (Attachments: #1 Civil Cover Sheet)(Meyer, Michael) [Transferred from Illinois Central on 5/20/2015.] |
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