Barney v. Zimmer Biomet Holdings Inc
| Robin Barney |
| Zimmer Biomet Holdings Inc |
| 3:2019cv00546 |
| July 17, 2019 |
| US District Court for the Northern District of Indiana |
| Jon E DeGuilio |
| Michael G Gotsch |
| Philip P Simon |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Cases associated. (mlc) |
Filing 52
ORDER GRANTING Motion to Consolidate Cases. 3:17cv616 and 3:19cv546 are now CONSOLIDATED. All future filings should be made only in case 3:17-cv-616. The Clerk is DIRECTED to docket in case 3:17-cv-616 the motion to dismiss [DE 50, 51] that is pending in case 3:19-cv-546, and to administratively close case 3:19-cv-546. Signed by Judge Jon E DeGuilio on 8/26/19. (mlc)
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| Filing 51 MEMORANDUM in Support of #50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint filed by Zimmer Biomet Holdings Inc. (Brown PHV, Troy) |
| Filing 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint by Defendant Zimmer Biomet Holdings Inc. (Brown PHV, Troy) |
| Filing 49 NOTICE by Zimmer Biomet Holdings Inc of Unopposed Motion to Consolidate (Brown PHV, Troy) |
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Filing 48
ORDER GRANTING #46 Joint MOTION for Scheduling Order Setting Briefing Schedule on Any Motions Dismissed Without Prejudice By Transfer Order, in the Event the Court Permits and Either Party Elects to File Such Motion(s) filed by Zimmer Biomet Holdings Inc. Any motion dismissed without prejudice by the Order Granting Motion to Transfer #41 may be re-filed on or before 8/13/2019. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/6/19. (ksp)
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Filing 47
ORDER REASSIGNING CASE. Defendant Zimmer Biomet Holdings, Inc. filed a Notice of Related Action pursuant to N.D. Ind. L.R. 40-1, indicating that this case involves the same parties, same transaction or occurrence, and involves substantially similar factual allegations and claims as Case No. 3:17-cv-616, currently pending before another judge in this district. Case is reassigned to Judge Jon E DeGuilio, who is presiding over Case No. 3:17-cv-616, for all further proceedings. Judge Philip P Simon no longer assigned to case. Signed by Judge Philip P Simon on 7/30/2019. (shk)
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| Filing 46 Joint MOTION for Scheduling Order Setting Briefing Schedule on Any Motions Dismissed Without Prejudice By Transfer Order, in the Event the Court Permits and Either Party Elects to File Such Motion(s) by Defendant Zimmer Biomet Holdings Inc. (Attachments: #1 Proposed Order)(Brown PHV, Troy) |
| Filing 45 NOTICE by Zimmer Biomet Holdings Inc Local Rule 40-1 Notice of Related Action (Judge, Stephen) |
| Filing 43 Case transferred in from District of Indiana Southern; Case Number 1:19-cv-01947. Original file and docket sheet received. |
| Filing 42 Transfer Letter to Clerk of the Northern District of Indiana. Case transferred electronically to Northern District of Indiana, on 7/11/2019. (JDC) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 41 CLOSED TRANSFER. Defendant's motion to transfer ECF No. #12 is granted and this case is transferred to the United States District Court for the Northern District of Indiana, South Bend Division. All other currently pending motions are denied without prejudice to refiling in the transferee court. Signed by Judge James R. Sweeney II on 7/11/2019.(JDC) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 40 RESPONSE in Opposition re #37 MOTION to Stay Briefing on Defendant's Motion to Dismiss [Dkt. 30] , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 39 REPLY in Support of Motion re #12 MOTION to Transfer Case , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 38 REPLY in Support of Motion re #23 MOTION to Remand , filed by Plaintiff ROBIN BARNEY. (DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 37 MOTION to Stay Briefing on Defendant's Motion to Dismiss [Dkt. 30], filed by Plaintiff ROBIN BARNEY. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
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Filing 36
ORDER granting #29 Motion to Withdraw Attorney Appearance. Attorney Sari M. Alamuddin withdrawn. Signed by Magistrate Judge Debra McVicker Lynch on 7/2/2019. (SWM) [Transferred from Indiana Southern on 7/17/2019.]
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| Filing 35 Submission of Proposed Order , re #29 MOTION to Withdraw Attorney Appearance , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Alamuddin, Sari) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 34 RESPONSE in Opposition re #12 MOTION to Transfer Case , filed by Plaintiff ROBIN BARNEY. (DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 33 RESPONSE in Opposition re #23 MOTION to Remand , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 32 EXHIBIT in Support of Response in Opposition to Motion re #23 MOTION to Remand (Exhibit A - Barney I, ECF No. 82, Plaintiffs Objections to Order on Plaintiffs Motion for Leave to File Fourth Amended Complaint), filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 31 BRIEF/MEMORANDUM in Support re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's First Amended Complaint, filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 29 MOTION to Withdraw Attorney Appearance , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Alamuddin, Sari) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 28 NOTICE of Appearance by Troy S. Brown on behalf of Defendant ZIMMER BIOMET HOLDINGS, INC.. (Brown, Troy) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 27 MARGINAL ENTRY denying Plaintiff's #16 Motion to Stay Briefing on Defendant's Motion to Transfer Case. Plaintiff's response to the motion to transfer (Dkt. 12) is now due June 28, 2019. Signed by Magistrate Judge Debra McVicker Lynch on 6/19/2019. (SWM) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 26 NOTICE of Appearance by Dana E. Becker on behalf of Defendant ZIMMER BIOMET HOLDINGS, INC.. (Becker, Dana) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 25 REPLY in Support of Motion re #16 MOTION to Stay re #12 MOTION to Transfer Case , filed by Plaintiff ROBIN BARNEY. (DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION to Remand , filed by Plaintiff ROBIN BARNEY. (DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 23 MOTION to Remand , filed by Plaintiff ROBIN BARNEY. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 22 AMENDED COMPLAINT against ZIMMER BIOMET HOLDINGS, INC., filed by ROBIN BARNEY.(DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Stay re #12 MOTION to Transfer Case , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Attachments: #1 Exhibit A - Case law)(Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
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Filing 20
ORDER Setting Briefing Schedule: On May 23, 2019, plaintiff Robin Barney filed a motion to stay briefing on the defendant's motion to transfer (Dkt. 16). Any response to plaintiff's motion to stay is due by June 7, 2019. Plaintiff's deadline to respond to the defendant's motion to transfer will be re-set by separate order. Signed by Magistrate Judge Debra McVicker Lynch on 5/28/2019.(SWM) [Transferred from Indiana Southern on 7/17/2019.]
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| Filing 19 BRIEF/MEMORANDUM in Support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Alamuddin, Sari) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Alamuddin, Sari) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 17 NOTICE of Appearance by Sari M. Alamuddin on behalf of Defendant ZIMMER BIOMET HOLDINGS, INC.. (Alamuddin, Sari) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 16 MOTION to Stay re #12 MOTION to Transfer Case , filed by Plaintiff ROBIN BARNEY. (Attachments: #1 Text of Proposed Order)(DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 15 Submission of Proposed Order , re #12 MOTION to Transfer Case , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 14 EXHIBIT re #12 MOTION to Transfer Case (Exhibit A) by ZIMMER BIOMET HOLDINGS, INC.. (Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION to Transfer Case , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Attachments: #1 Exhibit A)(Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 12 MOTION to Transfer Case , filed by Defendant ZIMMER BIOMET HOLDINGS, INC.. (Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 11 Submission of State Court Record from Marion County in case number 49D01-1905-PL-017966. (Attachments: #1 Envelope)(REO) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 10 NOTICE of Reassignment of Case to Judge James R. Sweeney II. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 1:19-cv-01947-JRS-DML, on all future filings in this matter. (REO) [Transferred from Indiana Southern on 7/17/2019.] |
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Filing 9
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James Patrick Hanlon on 5/16/2019. (PKP) [Transferred from Indiana Southern on 7/17/2019.]
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Filing 8
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James Patrick Hanlon on 5/16/2019.(PKP) [Transferred from Indiana Southern on 7/17/2019.]
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| Filing 7 NOTICE of Appearance by Kathleen Ann DeLaney on behalf of Plaintiff ROBIN BARNEY. (DeLaney, Kathleen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 6 NOTICE of Appearance by Annavieve C. Conklin on behalf of Plaintiff ROBIN BARNEY. (Conklin, Annavieve) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 5 NOTICE of Appearance by John David LaDue on behalf of Defendant ZIMMER BIOMET HOLDINGS, INC.. (LaDue, John) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 3 NOTICE of Appearance by Stephen M. Judge on behalf of Defendant ZIMMER BIOMET HOLDINGS, INC.. (Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 2 Corporate Disclosure Statement by ZIMMER BIOMET HOLDINGS, INC.. (Judge, Stephen) [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 1 NOTICE OF REMOVAL from Barney v. Zimmer Biomet Holdings, Inc., case number 49D01-1905-PL-017966, filed by ZIMMER BIOMET HOLDINGS, INC.. (Filing fee $400, receipt number 0756-5430117) (Attachments: #1 Exhibit 1 (Operative Complaint), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 3-A, #5 State Court Record (Complaint, Appearance, Summons, Notice Identifying Commercial Court Docket Case), #6 Notice to State Court of Filing Notice of Removal)(Judge, Stephen) Modified on 5/15/2019 to correct state court case number(HET). [Transferred from Indiana Southern on 7/17/2019.] |
| Filing 44 STATE COURT COMPLAINT with Jury Demand against Zimmer Biomet Holdings Inc, filed by Robin Barney. (Attachments: #1 Exhibits)(jld) |
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