Baldwin v. DePuy Orthopaedics, Inc. et al
| Michael Baldwin and Lisa Motisi Baldwin |
| Depuy Orthopaedics Inc., DePuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services Inc. and Johnson & Johnson International |
| Special Master |
| 1:2023cv00020 |
| January 3, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| M David Weisman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 85
STATUS Report Joint Submission Pursuant to Court's February 23, 2023 Minute Entry Order by DePuy Inc, DePuy International Limited, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit A)(Pauley, Erin)
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Filing 84
MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Parties reported that fact discovery is near completion, and that the only remaining fact discovery issue to resolve is whether Plaintiffs may depose certain "Detail Representatives." Defendants oppose these depositions. On this issue, the Court set the following schedule: plaintiffs' counsel must amend the appropriate subpoena notices for the Detail Representatives by 2/27/23; defense counsel must file a motion for protective order by 3/10/2023; plaintiffs to respond to the motion by 3/20/23; defendants' reply to be filed by 3/27/23. The Court ruled that fact discovery will close on 6/2/23; parties agreed that this was a reasonable timeframe. As to expert discovery, there appears to be several pending motions relating to Daubert issues (see, e.g., the joint status report #79 at pages 3-5 (listing pending motions)). In general, this Court is not permitted to rule on Daubert motions unless the parties consent to such rulings. Plaintiffs' counsel agreed that this Court cannot rule on any of the pending Daubert-related motions without consent; defense counsel will confer with her clients on this issue. However, as to plaintiffs' motion to strike and exclude untimely filed expert report of Rodger H. Emerson, M.D. #76 , plaintiffs' counsel believes that this Court may rule on that motion without consent. Defense counsel will also confer with her clients on this issue. Parties agreed that the briefing schedule for the motion to strike #76 remains in place: Defendants' response due 3/6/23; Plaintiffs' reply due 3/20/23. See ECF 79 at p. 5. Concerning ALL of the pending motions, the parties agreed to jointly prepare a chart detailing the motions and file it with the Court by 3/1/23. To the extent that defense counsel concludes that this Court can resolve any of the pending motions without the parties' consent, defense counsel should note that in the chart. Status hearing/ruling date for the forthcoming motion for protective order is set for 4/11/23 at 9:15 a.m. At this hearing, the Court and the parties will discuss the pending motions and whether the parties wish to consent to this Court for rulings on any of the motions. See NDIL Local Rule 73.1(g) ("Limited consents. Parties may consent to the transfer of part of a proceeding to a magistrate judge to act pursuant to 28 U.S.C. 636(c).") The parties also reported that they have already filed dispositive motions that are pending in the District Court, pursuant to the scheduling order of the MDL Judge, despite the ongoing discovery/expert issues in the case. The parties are unsure how the forthcoming discovery/expert rulings will impact the previously filed dispositive motions. Lastly, the parties reported that they continue to have settlement discussions as the case moves forward. As to the upcoming Status/Ruling on Motion hearing, parties shall dial in using the Court's conference call-in number. The conference call- in number is 1-877- 411-9748, and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 (ao, )
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Filing 83
MINUTE entry before the Honorable M. David Weisman: On the Court's own motion, today's hearing will be held remotely, counsel shall dial in using the Court's conference call-in number for the status hearing 2/23/23 at 9:15 a.m. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 (ao, )
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Filing 82
MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of All Discovery Motions, Discovery Supervision, and Discovery Conference under Rule 26(f). Initial status hearing scheduled for 2/23/23 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Mailed notice (ao, )
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Filing 81
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable M. David Weisman for All Discovery Motions, Discovery Supervision, and Discovery Conference under Rule 26(f). Signed by Executive Committee on 2/10/23. (aee, )
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Filing 80
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 2/8/2023. For the reasons stated on the record, the Court requests that the Executive Committee refer this case to Magistrate Judge Weisman for supervision of discovery and to set all case related deadlines (including briefing on dispositive motions, as needed) except for a trial date. Magistrate Judge Weisman shall have full authority to set and amend (as needed) all case management deadlines. Mailed notice (ef, )
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Filing 79
STATUS Report Joint Initial Status Report by DePuy Inc, DePuy International Limited, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Pauley, Erin)
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Filing 78
Agreed Statement on Briefing Schedule STATEMENT by Lisa Motisi Baldwin, Michael Baldwin (Hensley, Bryce)
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Filing 77
MINUTE entry before the Honorable John F. Kness: Docket entry #75 is amended as follows. On or before February 7, 2023, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). Mailed notice (smm)
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Filing 76
MOTION by Plaintiffs Lisa Motisi Baldwin, Michael Baldwin to strike and Motion to Exclude Untimely Filed Expert Report of Roger H. Emerson, M.D., with Memorandum of Support (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order)(Hensley, Bryce)
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Filing 75
MINUTE entry before the Honorable John F. Kness: On December 30, 2022, this matter was transferred from the United States District Court for Northern District of Texas. The matter is set for a telephonic status hearing on 2/8/2023 at 09:30 AM. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a brief joint status report focused on the procedural history and current status of the case. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 74
MINUTE entry before the Honorable John F. Kness: Motions by counsel for leave to appear pro hac vice #70 #71 are granted. Mailed notice (ef, )
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Filing 73
MEMORANDUM by DePuy Inc, DePuy International Limited, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. in Opposition to motion in limine #43 of Plaintiffs (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15)(Pauley, Erin)
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Filing 72
MOTION by Defendants DePuy Inc, DePuy International Limited, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. for leave to file excess pages for Oppositions to Plaintiffs' Motions in Limine (Pauley, Erin)
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Filing 71
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20286507. (Ward, Navan)
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Filing 70
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20285692. (Brennan, Jessica)
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Filing 69
MINUTE entry before the Honorable John F. Kness: Motions by counsel for leave to appear pro hac vice #66 #67 #68 are granted. Mailed notice (ef, )
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Filing 68
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20279803. (Birley, Tiffany)
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Filing 67
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20273721. (Lampkin, James)
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Filing 66
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20273555. (Kolom, Aigner)
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Filing 65
RESPONSE and Memorandum by Plaintiffs Lisa Motisi Baldwin, Michael Baldwin to Defendants' Omnibus Motion in Limine. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Romanucci, Antonio) Docket Text Modified on 1/23/2023 (ef, ).
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Filing 64
ATTORNEY Appearance for Plaintiffs Lisa Motisi Baldwin, Michael Baldwin by Bryce Thomas Hensley (Attachments: #1 Notice of Filing)(Hensley, Bryce)
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Filing 63
ATTORNEY Appearance for Plaintiffs Lisa Motisi Baldwin, Michael Baldwin by Antonio Maurizio Romanucci (Attachments: #1 Notice of Filing)(Romanucci, Antonio)
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Filing 62
ATTORNEY Appearance for Defendants DePuy Inc, DePuy International Limited, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. by Erin Marie Pauley (Pauley, Erin)
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Filing 61
MAILED Rule 83.15 Letter to all counsel of record. (ph, )
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Filing 60
RECEIVED from Texas Northern; Case Number 3:12-cv-00731. (ph, )
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Filing 58
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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 57
ELECTRONIC ORDER granting Plaintiff's Motion to Exceed Page Limit for Motion in Limine. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 56
(Document Restricted) Sealed Response and Objection re: #35 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.]
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Filing 55
NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 31, 48] and conducting a telephonic hearing on December 29, 2022 [Dkt. 53], 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. Further, the special master recommends transferring the case to the Northern District of Illinois pursuant to the recommendation in the parties' joint status report [Dkt. 45]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 32, 33, 34, 35, 36, 37]; Motion for Summary Judgment [Dkt. 40]; and Motions in Limine [Dkts. 41, 43]. 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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 54
RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #37 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from Texas Northern on 1/3/2023.]
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Filing 53
Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/3/2023.]
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Filing 52
RESPONSE filed by Michael Baldwin re: 36 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OPINIONS OF DR. DAVID MANNING (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 51
RESPONSE filed by Lisa Motisi Baldwin, Michael Baldwin re: #32 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 50
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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 49
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 24]. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore the motion is DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 48
Joint STATUS REPORT (Third) filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.]
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Filing 47
RESPONSE filed by Lisa Motisi Baldwin, Michael Baldwin re: 34 (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) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 46
RESPONSE filed by Lisa Motisi Baldwin, Michael Baldwin re: 33 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 45
Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.]
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Filing 44
MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #43 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Michael Baldwin (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 43
MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Michael Baldwin with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 42
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 29, 2022 at 9:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.]
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Filing 41
MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.]
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Filing 40
MOTION for Summary Judgment filed by Michael Baldwin with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 39
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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 38
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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 37
MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Lisa Motisi Baldwin, Michael Baldwin with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 35
MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Lisa Motisi Baldwin, Michael Baldwin with Brief/Memorandum in Support. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 32
MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Inc(pty:dft), Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.]
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Filing 31
Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.]
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Filing 30
NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 29], and the Court's Scheduling Order of September 16, 2022 [Dkt. 19], 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. The Motion to Amend Scheduling Order [Dkt. 24] should be DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/3/2023.]
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Filing 29
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.) [Transferred from Texas Northern on 1/3/2023.]
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Filing 28
On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) [Transferred from Texas Northern on 1/3/2023.]
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Filing 27
Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/19/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Amber A Thompson. (twd) [Transferred from Texas Northern on 1/3/2023.]
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Filing 26
Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/18/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Michael D O'Connor. (twd) [Transferred from Texas Northern on 1/3/2023.]
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Filing 25
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #24 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibitis) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.]
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Filing 24
MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Lisa Motisi Baldwin, Michael Baldwin (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 23
ANSWER to #21 Amended Complaint,, with Jury Demand filed by DePuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services 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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 22
ANSWER to #21 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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 21
AMENDED COMPLAINT WITH JURY DEMAND SECOND AMENDED COMPLAINT WITH JURY DEMAND against DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc filed by Michael Baldwin, Lisa Motisi Baldwin. 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. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 20
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Michael Baldwin, Lisa Motisi Baldwin. 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. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 19
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 Defendant shall 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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 18
ELECTRONIC ORDER denying ALL Joint Motion(s) to Stay CMO 12 Obligations in these cases. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 17
Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Michael Baldwin (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 16
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) [Transferred from Texas Northern on 1/3/2023.]
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Filing 15
Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Michael Baldwin (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 14
Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Michael Baldwin (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 13
Amended STATUS REPORT JOINT STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO APRIL 11, 2022 filed by Michael Baldwin. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 12
Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Michael Baldwin. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 11
ELECTRONIC ORDER granting Joint to Stay CMO 12 Deadlines to October 25, 2021. The Parties and DIRECTED to file a Joint Status Report on November 1, 2021, regarding the Status of this Case. (Ordered by Judge Ed Kinkeade on 8/23/2021) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 10
ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/12/2021. 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). (twd) [Transferred from Texas Northern on 1/3/2023.]
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Filing 9
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 12, 2021, at 9:20 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 67938884#. (James M. Stanton - Special Master.) (twd) [Transferred from Texas Northern on 1/3/2023.]
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Filing 8
Joint MOTION to Stay CMO 12 Obligations to October 25, 2021 filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 1/3/2023.]
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Filing 7
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. (lrl) [Transferred from Texas Northern on 1/3/2023.]
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NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the August 9, 2012, proceedings via telephone, the Special Master has arranged a call in number (800-700-7784) and access code (256523). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 10:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244. (drh) [Transferred from Texas Northern on 1/3/2023.]
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Notice of filing Orders:The following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#ORDER SETTING CONFERENCE: A conference with the Court is set for 8/9/2012 10:30 AM before Judge Ed Kinkeade.#ORDER REGARDING ATTORNEYS APPEARING IN MDL 2244. (drh) Modified to correct links on 4/9/2018 (cea). [Transferred from Texas Northern on 1/3/2023.]
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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. #5#CASE MANAGEMENT ORDER NO. #6 Attorney-Client Privilege and Work-Product Privilege Protocol.#CASE MANAGEMENT ORDER NO. #7 Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues. (drh) Modified to correct link on 4/9/2018 (cea). [Transferred from Texas Northern on 1/3/2023.]
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NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 9:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 6
NOTICE of Attorney Appearance by Michael V Powell, Jessica D Miller, Seth Michael Roberts on behalf of DePuy and Johnson and Johnson defendants. [Transferred from Texas Northern on 1/3/2023.]
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NOTICE FROM THE SPECIAL MASTER: On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 5
ORDER SETTING CONFERENCE: A Conference on Scheduling is hereby set for Wednesday, April 25, 2012 at 9:30 a.m. at 1100 Commerce Street, Room 1625, Dallas, Texas 75242. In preparation for this Conference on Scheduling, the parties are DIRECTED to confer with the Special Master within 7 days of this order. (Ordered by Judge Ed Kinkeade on 4/5/2012) (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 4
Summons Issued as to DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. (jrb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 3
NOTICE OF RELATED FILING filed by Michael Baldwin (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Michael Baldwin. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Filing 1
COMPLAINT WITH JURY DEMAND against DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. filed by Michael Baldwin. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4453850) 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 (Attachments: #1 Cover Sheet, #2 Summons) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.]
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Case Reassigned to Judge Ed Kinkeade per Amended Special Order No 3-250. Chief Judge Sidney A Fitzwater no longer assigned to the case. (jrb) [Transferred from Texas Northern on 1/3/2023.]
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