Ross v. DePuy Orthopaedics, Inc., et al
| Thomas Ross |
| DePuy Orthopaedics, Inc., a Foreign Corporation, Premier Orthopaedic Sales, Inc., an Illinois Corporation, DePuy Orthopaedics, Inc. and Premier Orthopaedic Sales, Inc. |
| 1:2021cv05097 |
| September 27, 2021 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| John J Tharp |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
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.
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| Filing 34 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 33 MOTION by Defendant DePuy Orthopaedics, Inc. for leave to file a Sur-Reply in Response to Plaintiff's Motion for Remand (Essig, William) |
| Filing 32 REPLY by Thomas Ross to response in opposition to motion #28 (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) |
| Filing 31 REPLY by Thomas Ross to response in opposition to motion, #27 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Certificate of Service Certificate of Service)(Nevitt, Ervin) |
| Filing 30 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to file exhibit under seal #29 is granted. The plaintiff is directed to file an unredacted copy of the exhibit under seal. Mailed notice (air, ) |
| Filing 29 MOTION by Plaintiff Thomas Ross to seal document MOTION by Plaintiff Thomas Ross to remand #16 (Nevitt, Ervin) |
| Filing 28 RESPONSE by DePuy Orthopaedics, Inc.in Opposition to MOTION by Plaintiff Thomas Ross for leave to file Second Amended Complaint #14 (Essig, William) |
| Filing 27 RESPONSE by DePuy Orthopaedics, Inc.in Opposition to MOTION by Plaintiff Thomas Ross to remand #16 (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 26 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to seal #19 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). Mailed notice (air, ) |
| Filing 25 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. 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 24 EXECUTIVE COMMITTEE ORDER: It appearing that 21 CV 5097, Ross v. DePuy Orthopaedics, Inc., et al., is currently pending before the Hon. Virginia M. Kendall; and It further appearing that Hon. John J. Tharp, Jr. has agreed to be reassigned 21 CV 5097, Ross v. DePuy Orthopaedics, Inc., et al; therefore It is hereby ordered that 21 CV 5097, Ross v. DePuy Orthopaedics, Inc. et al., is to be reassigned to Judge Tharp pursuant to Internal Operating Procedure 13(d). Signed by the Executive Committee on 10/26/2021.(exr, ) |
| Filing 23 REPLY by DePuy Orthopaedics, Inc. to response in opposition to motion, #15 , memorandum in support of motion #9 , 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 NO. 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 Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 10/25/2021 is stricken. Mailed notice (lk, ) |
| Filing 21 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 10/25/2021 at 9:00 AM stands and will proceed via Teleconference. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 20 NOTICE of Motion by Ervin Bryce Nevitt for presentment of motion for leave to file #19 before Honorable Virginia M. Kendall on 10/25/2021 at 09:00 AM. (Nevitt, Ervin) |
| Filing 19 MOTION by Plaintiff Thomas Ross for leave to file Under Seal (Nevitt, Ervin) |
| Filing 18 NOTICE of Motion by Ervin Bryce Nevitt for presentment of motion for leave to file #14 before Honorable Virginia M. Kendall on 10/25/2021 at 09:00 AM. (Nevitt, Ervin) |
| Filing 17 NOTICE of Motion by Ervin Bryce Nevitt for presentment of motion to remand, #16 before Honorable Virginia M. Kendall on 10/25/2021 at 09:00 AM. (Nevitt, Ervin) |
| Filing 16 MOTION by Plaintiff Thomas Ross 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 Thomas Rossin 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 Thomas Ross for leave to file Second Amended Complaint (Attachments: #1 Exhibit Exhibit A)(Nevitt, Ervin) |
| Filing 13 AFFIDAVIT of Service filed by Plaintiff Thomas Ross regarding Summons served on DePuy Orthopaedics via Illinois Secretary of State on 09/27/2021 (Nevitt, Ervin) |
| Filing 12 MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 10/6/2021. Briefing schedule set as to Motion to Stay #8 . Response due by 10/20/2021; Reply due by 10/27/2021. Teleconference Status hearing set for 12/6/2021 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 11 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 10/6/2021 is reset for 9:15 AM (PLEASE NOTE TIME CHANGE) which will proceed via Teleconference. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 10 NOTICE of Motion by William Victor Essig for presentment of motion to stay #8 before Honorable Virginia M. Kendall on 10/6/2021 at 09:00 AM. (Essig, William) |
| 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 Virginia M. Kendall. Initial status hearing set for 11/22/2021 at 9:15 a.m. which will proceed via Teleconference. Joint Status Report due by 11/18/2021. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Teleconference instructions are as follows: Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Thomas Ross by Ben Adam Crane (Crane, Ben) |
| Filing 5 ATTORNEY Appearance for Plaintiff Thomas Ross by Ervin Bryce Nevitt (Nevitt, Ervin) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (cp, ) |
| 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 8259) filed by DePuy Orthopaedics, Inc., a Foreign Corporation Filing fee $ 402, receipt number 0752-18709606. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Essig, William) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jf, ) |
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