Mattson v. DePuy Orthopaedics, Inc. et al
| Bruce Mattson |
| DePuy Orthopaedics, Inc., a Foreign Corporation, Premier Orthopaedic Sales, Inc., an Illinois Corporation, Depuy Orthopaedics, Inc. and Premier Orthopaedic Sales, Inc. |
| 1:2021cv05095 |
| September 27, 2021 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 MOTION by Defendant Depuy Orthopaedics, Inc. for leave to file a Sur-Reply in Response to Plaintiff's Motion for Leave to File a Second Amended Complaint (Essig, William) |
| Filing 31 MOTION by Defendant Depuy Orthopaedics, Inc. for leave to file a Sur-Reply in Response to Plaintiff's Motion for Remand (Essig, William) |
| Filing 30 REPLY by Bruce Mattson in Support of His Motion for Leave to File Second Amended Complaint (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Certificate of Service)(Nevitt, Ervin) (Docket Text Modified by Clerk's Office on 11/22/2021) (jg, ). |
| Filing 29 REPLY by Bruce Mattson in Support of His Motion for Remand (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Certificate of Service)(Nevitt, Ervin) (Docket Text Modified by Clerk's Office on 11/22/2021) (jg, ). |
| Filing 28 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to file exhibit under seal #26 is granted. The plaintiff is directed to file an unredacted copy of the exhibit under seal. Mailed notice (air, ) |
| Filing 27 RESPONSE by Depuy Orthopaedics, Inc.in Opposition to MOTION by Plaintiff Bruce Mattson for leave to file Second Amended Complaint #14 (Essig, William) |
| Filing 26 MOTION by Plaintiff Bruce Mattson to seal document SEALED MOTION by Plaintiff Bruce Mattson to Remand #16 (Nevitt, Ervin) |
| Filing 25 RESPONSE by Depuy Orthopaedics, Inc.in Opposition to MOTION by Plaintiff Bruce Mattson to remand #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Essig, William) |
| Filing 24 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants' motion to stay proceedings pending transfer to MDL No. 2197 #8 is denied. Briefing on the pending motions to amend #14 and to remand #16 will be required whether the motions are decided by this Court or the MDL court. Briefing of the motions presently will permit quicker resolution of the threshold jurisdictional issue either by this Court or the MDL court. Per prior order #19 , responses to the motion to amend and the motion to remand are due by 11/05/2021; replies are due by 11/19/2021. Mailed notice (air, ) |
| Filing 23 REPLY by Depuy Orthopaedics, Inc. to memorandum in support of motion #9 , response in opposition to motion, #15 , MOTION by Defendant Depuy Orthopaedics, Inc. to stay PROCEEDINGS PENDING TRANSFER TO MDL NO. 2197 - IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION #8 DePUY'S REPLY IN SUPPORT OF MOTION TO STAY PROCEEDINGS PENDING TRANSFER TO MDL 2197 - IN RE DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Essig, William) |
| Filing 22 MINUTE entry before the Honorable John J. Tharp, Jr:In light of the defendant's response to plaintiff's motion to reassign a related case #11 indicating no objection to reassignment of Ross v. DePuy Orthopaedics, Inc., 1:21-cv-05097 to this Court, plaintiff's motion #11 is granted. The Court finds that the cases involve the same issues of fact and law and that the handling of both cases by this Court is likely to result in a substantial saving of judicial time and effort. Accordingly, the clerk is direct to forward a copy of this order to the Executive Committee with a request that 1:21-cv-05097 be reassigned to this Court. The motion to remand pending in 21-cv-5097 will be briefed on the same schedule entered in 21-cv-5095. Mailed notice (air, ) |
| Filing 21 RESPONSE by Defendant Depuy Orthopaedics, Inc. to motion to reassign case #11 DePuy's Response to Plaintiff's Motion to Consolidate and Reassign (Essig, William) |
| Filing 20 MINUTE entry before the Honorable John J. Tharp, Jr: On the Court's own motion, the status hearing scheduled for 11/9/21 is stricken. The Court will set another status date, if appropriate, after ruling on the plaintiff's motion to remand. Mailed notice (air, ) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to remand #16 and motion for leave to file a Second Amended Complaint #14 are taken under advisement. Responses are due by 11/5/21; replies by 11/19/21. Plaintiff's motion to seal #18 is denied; that a document is subject to a protective order governing discovery is not a sufficient basis to justify sealing a document that will require consideration by the Court in order to rule on a pending motion. See, e.g., Baxter Int'l, Inc. v. Abbott Laboratories, 297 F.3d 544 (7th Cir. 2002). However, the Court will permit the continued sealing of the motion to remand to permit the plaintiff to file an amended motion adequately setting forth a basis to maintain the motion under seal; any such motion must be filed by 11/5/21. Briefing of the defendants' motion to stay #8 shall be completed as scheduled. Mailed notice (air, ) |
| Filing 18 MOTION by Plaintiff Bruce Mattson for leave to file Under Seal (Nevitt, Ervin) |
| Filing 17 MOTION by Plaintiff Bruce Mattson to remand (Attachments: #1 Supplement Memo in Support of Motion to Remand, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Nevitt, Ervin) |
| Filing 16 SEALED MOTION by Plaintiff Bruce Mattson to Remand (Attachments: #1 Supplement Memo in Support of Motion to Remand, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5)(Nevitt, Ervin) |
| Filing 15 RESPONSE by Bruce Mattsonin Opposition to MOTION by Defendant Depuy Orthopaedics, Inc. to stay PROCEEDINGS PENDING TRANSFER TO MDL NO. 2197 - IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION #8 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Nevitt, Ervin) |
| Filing 14 MOTION by Plaintiff Bruce Mattson for leave to file Second Amended Complaint (Attachments: #1 Exhibit Exhibit A)(Nevitt, Ervin) |
| Filing 13 AFFIDAVIT of Service filed by Plaintiff Bruce Mattson regarding Summons served on DePuy Orthopaedics via Illinois Secretary of State on 09/27/2021 (Nevitt, Ervin) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to reassign and consolidate Case No. 21-cv-05097 is taken under advisement. Any response is due by 10/22/2021; any reply is due by 10/29/2021. Mailed notice (air, ) |
| Filing 11 MOTION by Plaintiff Bruce Mattson to reassign case (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Nevitt, Ervin) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants' motion to stay proceedings #8 is taken under advisement. Plaintiff's response is due 10/15/21; defendants' reply is due 10/22/21. Mailed notice (air, ) |
| Filing 9 MEMORANDUM by Depuy Orthopaedics, Inc. in support of motion to stay #8 (Attachments: #1 Exhibit A)(Essig, William) |
| Filing 8 MOTION by Defendant Depuy Orthopaedics, Inc. to stay PROCEEDINGS PENDING TRANSFER TO MDL NO. 2197 - IN RE: DEPUY ORTHOPAEDICS, INC., ASR HIP IMPLANT PRODUCTS LIABILITY LITIGATION (Essig, William) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:A telephonic status hearing is scheduled for 11/9/21 at 9:30 AM. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (air, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Bruce Mattson by Ben Adam Crane (Crane, Ben) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bruce Mattson by Ervin Bryce Nevitt (Nevitt, Ervin) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (txl, ) |
| Filing 3 ATTORNEY Appearance for Defendant DePuy Orthopaedics, Inc., a Foreign Corporation by William Victor Essig (Essig, William) |
| Filing 2 CIVIL Cover Sheet (Essig, William) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, IL, case number (2021 L 8266) filed by DePuy Orthopaedics, Inc., a Foreign Corporation Filing fee $ 402, receipt number 0752-18709299. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Essig, William) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jf, ) |
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