Russell et al v. Zimmer, Inc.
Dr. Thomas A. Russell, Thomas Madden, Gerard Insley, Paul Burke, Aideen Jennings, Amanda Kiely and Patrick Burke |
Zimmer Inc |
2:2020cv00200 |
May 20, 2020 |
US District Court for the Northern District of Indiana |
John E Martin |
Theresa L Springmann |
Contract: Other |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on August 15, 2022. A more recent docket listing may be available from PACER.
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Filing 60 MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb) |
Filing 59 ORDER/SET HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 8/6/2020 10:30 AM Central before Magistrate Judge John E Martin. Parties are to refer to the AT&T call in number referenced in the attached Order. Proposed joint discovery plan in accordance with FRCP 26(f) due by 7/31/2020. Signed by Magistrate Judge John E Martin on 7/15/2020. (smb) |
Filing 58 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 7/15/2020. (smb) |
Filing 57 NOTICE by Zimmer Inc re #56 Amended Complaint Defendant's Notice of Agreed Extension of Time to Respond to First Amended Complaint (Becker PHV, Dana) |
Filing 56 AMENDED COMPLAINT against Zimmer Inc, filed by Thomas Madden, Gerard Insley, Aideen Jennings, Patrick Burke, Amanda Kiely, Thomas A. Russell, Paul Burke. (Attachments: #1 Exhibit A)(Froemel, Jonathan) |
Filing 55 ORDER: The Court hereby GRANTS the Motion for Leave to Amend Complaint #51 and ORDERS Plaintiff to file the Amended Complaint, currently on the docket as an attachment to the instant Motion, on or before 7/10/2020. Signed by Magistrate Judge John E Martin on 7/2/2020. (shk) |
Filing 54 RESPONSE to Motion re #51 MOTION to Amend/Correct #1 Complaint - Defendant's Notice of Non-Opposition filed by Zimmer Inc. (Becker PHV, Dana) |
Filing 53 NOTICE of Appearance by Ryan M Gardner on behalf of Zimmer Inc (Gardner, Ryan) |
Filing 52 MEMORANDUM in Support of #51 MOTION to Amend/Correct #1 Complaint filed by Patrick Burke, Paul Burke, Gerard Insley, Aideen Jennings, Amanda Kiely, Thomas Madden, Thomas A. Russell. (Froemel, Jonathan) |
Filing 51 MOTION to Amend/Correct #1 Complaint by Plaintiffs Patrick Burke, Paul Burke, Gerard Insley, Aideen Jennings, Amanda Kiely, Thomas Madden, Thomas A. Russell. (Attachments: #1 Exhibit A - Proposed First Amended Complaint)(Froemel, Jonathan) |
Filing 50 NOTICE of Appearance by Jonathan P Froemel on behalf of All Plaintiffs (Froemel, Jonathan) |
Filing 49 NOTICE of Appearance by Mark A Hagedorn on behalf of All Plaintiffs (Hagedorn, Mark) |
Filing 48 ORDER granting #44 Application to Appear Pro Hac Vice of Attorney Justin E Mitchell PHV for Patrick Burke, Paul Burke, Gerard Insley, Aideen Jennings, Amanda Kiely, Thomas Madden, and Thomas A. Russell. Signed by Magistrate Judge John E Martin on 6/12/2020. (ace) |
Filing 47 ORDER granting #41 Application to Appear Pro Hac Vice of Attorney Troy S Brown for Zimmer Inc. Signed by Magistrate Judge John E Martin on 6/11/2020. (ace) |
Filing 46 ORDER granting #43 Application to Appear Pro Hac Vice of Attorney Karl A Schweitzer PHV for Zimmer Inc. Signed by Magistrate Judge John E Martin on 6/11/2020. (ace) |
Filing 45 ORDER granting #42 Application to Appear Pro Hac Vice of Attorney Dana E. Becker PHV for Zimmer Inc. Signed by Magistrate Judge John E Martin on 6/11/2020. (ace) |
Filing 44 Application for Attorney Justin Edward Mitchell to Appear Pro Hac Vice on behalf of Plaintiffs Thomas A. Russell, M.D., Patrick Burke, Gerard Insley, Amanda Kiely, Paul Burke, Thomas Madden and Aideen Jennings. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4249747(Pro Hac Vice Temporary login, ) |
Filing 43 Application for Attorney Karl A. Schweitzer, Esq. to Appear Pro Hac Vice on behalf of Defendant Zimmer, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4248648(Pro Hac Vice Temporary login, ) |
Filing 42 Application for Attorney Dana E. Becker, Esq. to Appear Pro Hac Vice on behalf of Defendant Zimmer, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4248615(Becker PHV, Dana) |
Filing 41 Application for Attorney Troy S. Brown, Esq. to Appear Pro Hac Vice on behalf of Defendant Zimmer, Inc.. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4248545(Brown PHV, Troy) |
Filing 40 ORDER GRANTING #38 Motion. The Court ORDERS that the deadline for Plaintiffs to file a motion to amend their pleadings is June 19, 2020, with Defendant to file a response by July 3, 2020, and any reply to be filed by July 10, 2020, in accordance with Northern District of Indiana Local Rule 6-1. Signed by Magistrate Judge John E Martin on 6/3/20. (ksp) |
Filing 39 ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge John E Martin on 6/3/2020. (smb) |
Filing 38 MOTION Scheduling Order Unopposed by Plaintiffs Patrick Burke, Paul Burke, Gerard Insley, Aideen Jennings, Amanda Kiely, Thomas Madden, Thomas A. Russell. (Mischke PHV, Philip) |
Filing 37 ORDER granting #36 Application to Appear Pro Hac Vice of Attorney Philip E Mischke PHV for Patrick Burke, Paul Burke, Gerard Insley, Aideen Jennings, Amanda Kiely, Thomas Madden, and Thomas A. Russell. Signed by Magistrate Judge John E Martin on 6/2/2020. (ace) |
Filing 36 Application for Attorney Philip Edwin Mischke to Appear Pro Hac Vice on behalf of Plaintiffs Thomas A. Russell, M.D., Patrick Burke, Gerard Insley, Amanda Kiely, Paul Burke, Thomas Madden and Aideen Jennings. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4240380(Pro Hac Vice Temporary login, ) (Additional attachment(s) added on 6/17/2020: #1 SCOTUS Certificate, #2 TN Certificate) (ace). |
Filing 35 Application for Attorney Philip Edwin Mischke to Appear Pro Hac Vice on behalf of Plaintiffs Thomas A. Russell, M.D., et al.. (MDL-PHV Temporary Login, ) ***ATTORNEY FILED MDL PRO HAC APPLICATION IN ERROR; REFILED CORRECT APPLICATION AT #36 *** Modified on 6/2/2020 (ace). |
Filing 34 Case transferred in from District of Tennessee Western; Case Number 2:20-cv-02135. Original file certified copy of transfer order and docket sheet received. |
Filing 33 ORDER GRANTING #20 DEFENDANT ZIMMER, INC.'S MOTION TO TRANSFER VENUE. Signed by Judge Mark S. Norris on 5/18/2020. (Norris, Mark) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 32 REPLY to Response to Motion re #29 Response to Motion Reply in Further Support of Defendant Zimmer, Inc.'s Motion to Transfer Venue #20 filed by Zimmer, Inc.. (Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 31 ORDER GRANTING #30 DEFENDANT ZIMMER, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF ITS MOTION TO TRANSFER VENUE. Signed by Judge Mark S. Norris on 5/13/2020. (Norris, Mark) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 30 MOTION for Leave to File Unopposed Motion for Leave to File a Reply Brief in Further Support of its Motion to Transfer Venue - proposed order submitted by Zimmer, Inc.. (Attachments: #1 Exhibit A = Reply Brief in Further Support of Motion to Transfer)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 29 RESPONSE to Motion re #20 MOTION to Change Venue Proposed Order Submitted filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Judicial Caseload Profile)(Mischke, Philip) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 28 ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042720. (msn) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 27 ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042720. (msn) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 26 MOTION for Leave to Appear Pro Hac Vice of Karl A. Schweitzer and proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing - PA Supreme, #2 Certificate of Good Standing (EDPA))(Schweitzer, Karl) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 25 MOTION for Leave to Appear Pro Hac Vice of Dana Becker and proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing (PA), #2 Certificate of Good Standing (EDPA))(Becker, Dana) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 24 ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042320. (msn) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 23 MOTION for Leave to Appear Pro Hac Vice of Troy S. Brown; proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing (PA Supreme), #2 Certificate of Good Standing (EDPA))(Brown, Troy) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Zimmer, Inc.. (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Affidavit Declaration of Troy S. Brown in Support of Motion to Dismiss, #3 Exhibit Exhibit A to Declaration of Troy S. Brown)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 21 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #17 MOTION for Leave to Appear Pro Hac Vice by Troy S. Brown proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332056) filed by Zimmer, Inc., #19 MOTION for Leave to Appear Pro Hac Vice by Karl A. Schweitzer proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332121) filed by Zimmer, Inc., #18 MOTION for Leave to Appear Pro Hac Vice by Dana E. Becker proposed order submitted (Filing fee $ 150 receipt number BTNWDC-3332082) filed by Zimmer, Inc. has been filed. However, the following deficiency has been found: Pro Hac Vice motions must be filed by the attorney(s) seeking leave from the Court. These motions will be terminated. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 20 MOTION to Change Venue Proposed Order Submitted by Zimmer, Inc.. (Attachments: #1 Memorandum In Support of Motion, #2 Affidavit Declaration Troy S. Brown, #3 Exhibit 1 - To Declaration of Troy S. Brown, #4 Exhibit 2 - To Declaration of Troy S. Brown)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 19 MOTION for Leave to Appear Pro Hac Vice by Karl A. Schweitzer proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332121) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 18 MOTION for Leave to Appear Pro Hac Vice by Dana E. Becker proposed order submitted (Filing fee $ 150 receipt number BTNWDC-3332082) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 17 MOTION for Leave to Appear Pro Hac Vice by Troy S. Brown proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332056) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
***Motions terminated: #18 MOTION for Leave to Appear Pro Hac Vice by Dana E. Becker proposed order submitted (Filing fee $ 150 receipt number BTNWDC-3332082) filed by Zimmer, Inc., #17 MOTION for Leave to Appear Pro Hac Vice by Troy S. Brown proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332056) filed by Zimmer, Inc., #19 MOTION for Leave to Appear Pro Hac Vice by Karl A. Schweitzer proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332121) filed by Zimmer, Inc. Motions were not filed by the attorneys seeking leave. A deficiency notice has been docketed. (btg) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 16 ORDER GRANTING #15 DEFENDANT'S UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFFS' COMPLAINT. Defendant shall have up to and including April 22, 2020, to answer, move or otherwise respond to Plaintiffs' Complaint. Signed by Judge Mark S. Norris on 03/18/2020. (Norris, Mark) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 15 MOTION for Extension of Time to File Response/Reply as to #1 Complaint Proposed Order Submitted by Zimmer, Inc.. (Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 14 Corporate Disclosure Statement by Zimmer, Inc. identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer, Inc... (Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 13 NOTICE of Appearance by Jeremy G. Alpert on behalf of Zimmer, Inc. (Alpert, Jeremy) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 12 NOTICE of Appearance by Larry H. Montgomery on behalf of Zimmer, Inc. (Montgomery, Larry) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 11 NOTICE of Appearance by Justin Edward Mitchell on behalf of All Plaintiffs (Mitchell, Justin) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 10 NOTICE of Appearance by Robert F. Miller on behalf of All Plaintiffs (Miller, Robert) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 9 NOTICE of Appearance by Richard D. Underwood on behalf of All Plaintiffs (Underwood, Richard) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 8 Summons Issued as to Zimmer, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 7 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint filed by Aideen Jennings, Thomas Madden, Amanda Kiely, Paul Burke, Patrick Burke, Gerard Insley, Thomas A. Russell has been filed. For future reference, please note : Civil cover sheet contains wet signature of attorney. All documents filed by attorneys must contain electronic signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 3 Judge Mark S. Norris and Magistrate Judge Charmiane G. Claxton added. (jae) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 2 NOTICE of Summons by Philip E. Mischke on behalf of All Plaintiffs. (Mischke, Philip) [Transferred from Tennessee Western on 5/20/2020.] |
Filing 1 COMPLAINT against Zimmer, Inc. (Filing fee $ 400 receipt number ATNWDC-3294742), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Mischke, Philip) [Transferred from Tennessee Western on 5/20/2020.] |
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