Near et al v. DePuy Orthopaedics, Inc.
| Brian K. Near and Natalie J. Near |
| Medical Device Business Services, Inc., DePuy Orthopaedics, Inc., DePuy Products Inc, DePuy Synthes Sales, Inc., DePuy Synthes Products, Inc., Depuy Synthes, Inc, DePuy International Limited, Johnson & Johnson and Johnson & Johnson Services, Inc |
| 4:2023cv00016 |
| January 13, 2023 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Stephanie M Rose |
| 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 January 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 68 PUBLIC DOCKET ANNOTATION: ALL FUTURE FILINGS IN LEAD CASE 4-11-CV-32. (kjw) |
| Filing 67 Case transferred in from District of Texas Northern; Case Number 3:11-cv-01452. Original file |
| Judge Stephen H. Locher and Chief Magistrate Judge Helen C. Adams added. (kjw) |
| ***Civil Case Terminated. (kjw) |
| Chief Judge Stephanie M. Rose added. Judge Stephen H. Locher no longer assigned to case. (kjw) |
| Filing 66 CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) |
| Filing 65 RESPONSE AND OBJECTION filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #52 MOTION in Limine Plaintiffs' Memorandum of Law in Support of Their Motion in Limine (Beisner, John) |
| Filing 64 RESPONSE AND OBJECTION filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #52 MOTION in Limine Plaintiffs' Memorandum of Law in Support of Their Motion in Limine (Beisner, John) |
| Filing 63 RESPONSE AND OBJECTION filed by R S N, Brian K. Near, Natalie J. Near re: #53 MOTION in Limine (Omnibus) (Attachments: #1 Appendix in Support of Plaintiffs' Response to Defendants' Motion in Limine) (Haindfield, Matthew) |
| Filing 62 Joint STATUS REPORT filed by DePuy International Ltd, DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri) |
| Filing 58 RESPONSE AND OBJECTION filed by R S N, Brian K. Near, Natalie J. Near re: #48 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Haindfield, Matthew) |
Filing 57
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding 16 cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified 15 cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb)
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| Filing 56 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status report [Dkt. 45], 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. The following motions are currently pending in this case: Motions to Exclude [Dkts. 48, 49, 50]; Motion for Partial Summary Judgment [Dkt. 51]; and Motions in Limine [Dkts. 52, 53]. 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) |
| Filing 55 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) |
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Filing 54
ELECTRONIC ORDER - Before the Court is Plaintiffs' Motion for Suggestion of Remand [Dkt. 28]. Onc December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore, this Motion is DENIED as moot because the Court already has entered a scheduling order in this case. (Ordered by Judge Ed Kinkeade on 12/27/2022) (chmb)
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| Filing 53 MOTION in Limine (Omnibus) filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) |
| Filing 52 MOTION in Limine Plaintiffs' Memorandum of Law in Support of Their Motion in Limine filed by R S N, Brian K. Near, Natalie J. Near with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Plaintiffs' Proposed Order on Plaintiffs' Motion in Limine) (Haindfield, Matthew) |
| Filing 51 (Document Restricted) Motion for Partial Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Proposed Order) (Beisner, John) |
| Filing 50 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OPINIONS OF JENNIFER KEM, RN (Sealed pursuant to order dated 6/20/2012) filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) |
| Filing 49 (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) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) |
| Filing 48 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party DePuy Synthes Inc(pty:dft), Attorney John H Beisner added to party DePuy Synthes Products Inc(pty:dft), Attorney John H Beisner added to party DePuy Synthes Sales Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft), Attorney John H Beisner added to party Medical Device Business Services Inc(pty:dft) (Beisner, John) |
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Filing 47
ELECTRONIC ORDER granting #46 Unopposed Motion to Extend Time to File and Respond to Five Daubert Motions. The Court having reviewed the Unopposed Motion, accordingly ORDERS the following: that the deadline for Daubert motions directed toward the testimony of Benjamin Miller, M.D. is extended until January 23, 2023 (14 days after deposition), with responses due by February 6, 2023; that the deadline for Daubert motions directed toward the testimony of Shynda Miles, M.D. is extended until January 24, 2023 (14 days after deposition), with responses due by February 7, 2023. that the deadline for Daubert motions directed toward the testimony of David Boarini, M.D. is extended until January 25, 2023 (14 days after deposition), with responses due by February 8, 2023; that the deadline for Daubert motions directed toward the testimony of George Kantor, M.D. is extended until 14 days after his deposition, with responses due within 14 days thereafter; and that the deadline for Daubert motions directed toward the testimony of Albert Burstein, Ph.D. is extended until 14 days after his deposition, with responses due within 14 days thereafter. (Ordered by Judge Ed Kinkeade on 12/9/2022) (chmb)
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| Filing 46 Unopposed MOTION to Extend Time to File and Respond to Five Daubert Motions filed by DePuy International Ltd, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Proposed Order) (Bruksch, Terri) |
| Filing 45 Joint STATUS REPORT filed by DePuy International Ltd, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Bruksch, Terri) |
| Filing 44 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 43], and the Court's Scheduling Order of September 16, 2022 [Dkt. 37], 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 Plaintiffs' Motion for Suggestion of Remand [Dkt. 28] should be DENIED as moot because the Court already has entered a scheduling order in this case. filed by Special Master (Stanton, James) |
| Filing 43 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.) |
| Filing 42 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.) |
| Filing 41 ANSWER to #38 Amended Complaint,, with Jury Demand filed by DePuy International Ltd, DePuy Synthes Inc, DePuy Synthes Products Inc, DePuy Synthes Sales Inc, Depuy Products Inc, Johnson & Johnson, 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. Attorney Terri Bruksch added to party DePuy International Ltd(pty:dft), Attorney Terri Bruksch added to party DePuy Synthes Inc(pty:dft), Attorney Terri Bruksch added to party DePuy Synthes Products Inc(pty:dft), Attorney Terri Bruksch added to party DePuy Synthes Sales Inc(pty:dft), Attorney Terri Bruksch added to party Depuy Products Inc(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Services Inc(pty:dft) (Bruksch, Terri) |
| Filing 40 ANSWER to #38 Amended Complaint,, with Jury Demand filed by Medical Device Business 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) |
| Filing 39 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 38 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Brian K. Near, Natalie J. Near, Rachel S. Near. Clerk to issue summons(es). 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. (Haindfield, Matthew) |
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Filing 37
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 Defendantshall 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)
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| Filing 36 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 35 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 34 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 33 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) |
| Filing 32 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/13/2021. 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). (cea) |
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Filing 31
ELECTRONIC ORDER granting #30 Motion to Withdraw of #29 MOTION to Compel Discovery (Ordered by Judge Ed Kinkeade on 4/17/2021) (chmb)
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| Filing 30 MOTION to Withdraw #29 MOTION to Compel Discovery filed by Brian K. Near, Natalie J. Near, Rachel S. Near (Haindfield, Matthew) |
| Filing 29 MOTION to Compel Discovery filed by Brian K. Near, Natalie J. Near, Rachel S. Near (Attachments: #1 Brief in Support of Plaintiffs' Motion to Compel Discovery, #2 Proposed Order Granting Plaintiffs' Motion to Compel Discovery) (Haindfield, Matthew) |
| Filing 28 MOTION to Remand filed by Brian K. Near, Natalie J. Near, Rachel S. Near with Brief/Memorandum in Support. (Attachments: #1 Brief in Support of Plaintiffs' Motion for Suggestion of Remand, #2 Proposed Order) (Haindfield, Matthew) |
| Filing 27 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) |
| Filing 26 NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy & Johnson Defendants. (jeh) |
| 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) |
| 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). |
| 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). |
| 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) |
| 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) |
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Filing 25
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)
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Filing 24
ORDER ON STIPULATED MOTION TO CONTINUE DEADLINES: Through respective lead counsel, the parties have agreed to extend all existing deadlines for pleadings and motions (including but not limited to answers and jurisdictional briefing) in all cases in this MDL proceeding to allow counsel an opportunity to address those issues in a proposed case management order that they are preparing for submission to the Court in the short term. IT IS HEREBY ORDERED, that the foregoing motion is GRANTED. The deadlines in all cases in this MDL proceeding are hereby CONTINUED pending the entry of a case management order. (Ordered by Judge Ed Kinkeade on 2/7/2012) (jrb)
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Filing 23
ORDER LIFTING STAY: The Court orders that the stay is hereby LIFTED and discovery and motion practice shall proceed in any case filed as a part of 3:11-MD-2244-K, and any tag-along actions over which this Court acquires jurisdiction. (Ordered by Judge Ed Kinkeade on 1/10/2012) (drh)
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Filing 22
ORDER APPOINTING SPECIAL MASTER: The Court now appoints James M. Stanton of Andrews Kurth, LLP as Special Master pursuant to Fed R. Civ. P. 53. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh)
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Filing 21
CASE MANAGEMENT ORDER #3: The Court hereby designates counsel to act on behalf of the Plaintiffs in the DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. It is anticipated that further appointments to the existing subcommittees, or the addition of further subcommittees, will be approved, as necessary, as the litigation progresses. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh)
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| ***Set MDL-2244 Flag (Entered on 9/19/2011) (drh) |
| Filing 20 NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Orthopaedics, Inc.. (Powell, Michael) |
| Filing 19 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Orthopaedics, Inc.. (Roberts, Seth) |
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Filing 18
CASE MANAGEMENT ORDER #2. All submissions on suggestions for conducting this litigation shall be made within thirty days of the date this order is signed. As ordered by the Court at the hearing, all attorneys must sign up for the Northern District of Texas's Case Management/Electronic Case Filing system or the attorneys will be removed as "Attorneys to be Noticed" in the case. Also, all documents filed in this case must be filed electronically. (Ordered by Judge Ed Kinkeade on 8/10/2011) (jkm)
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| Filing 17 New Case Notes: A filing fee has been paid. Magistrate Judge Toliver preliminarily assigned, but the assignment was voided on 8/26/11. File to Judge Kinkeade. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (ykp) Modified on 9/9/2011 (cab). |
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Filing 16
ELECTRONIC ORDER REGARDING MANDATORY ENROLLMENT IN THE ELECTRONIC CASE FILING SYSTEM - In an effort to increase the efficiency and convenience of case administration for litigants and the court, Judge Kinkeade requires all counsel to enroll in the Electronic Case Filing ("CM/ECF") System. Registration forms, Procedures and assorted CM/ECF information can be found at http://www.txnd.uscourts.gov/filing/ecf.html. (Ordered by Judge Ed Kinkeade on 6/30/2011) (chmb)
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| Filing 15 Case electronically transferred in from District of Iowa Southern; Case Number 4:11-cv-00032. 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. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 14 CERTIFIED ORDER Transfering Case to the Northern District of Texas. (gk, ) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 13 CONDITIONAL REMAND ORDER by Clerk MDL Panel... the transmittalof this order to the transferee clerk for filing shall be stayed 7 days from teh date of this order. This order does not become effective until it is filed in the office of the clerk for the USDC TX/N. (sc) [Transferred from Iowa Southern on 6/30/2011.] |
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Filing 12
ORDER granting [7 & 8] Motion to Stay. Counsel shall file a joint status report by June 15, 2011, indicating whether an MDL action was established and if not, submitting a proposed scheduling order. Signed by Magistrate Judge Celeste F. Bremer on 5/5/11. (mlr) [Transferred from Iowa Southern on 6/30/2011.]
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| Filing 11 REPLY to Plaintiff's Resistance and Supplemental Argument re #8 Supplemental MOTION to Stay re #7 MOTION to Stay Notice of Supplemental Authority in Support of Motion to Stay, #7 MOTION to Stay filed by DePuy Orthopaedics, Inc..(Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 10 RESPONSE to Motion re #7 MOTION to Stay Supplemental Argument filed by Brian K. Near, Natalie J. Near, Rachel S. Near. Replies due by 5/9/2011. (Attachments: #1 Exhibit Exhibit A - DePuy's MDL Filing, #2 Exhibit Exhibit B - List of ASR MDL Cases)(Haindfield, Matthew) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 9 RESPONSE to Motion re #8 Supplemental MOTION to Stay re #7 MOTION to Stay Notice of Supplemental Authority in Support of Motion to Stay, #7 MOTION to Stay Proceedings filed by Brian K. Near, Natalie J. Near, Rachel S. Near. Replies due by 5/9/2011. (Attachments: #1 Exhibit Exhibit A - DePuy's California Motion for Stay, #2 Exhibit Exhibit B - DePuy's California Notice of Supplemental Authority, #3 Exhibit Exhibit C - S.D. California Stipulated Motion to Stay Proceedings, #4 Exhibit Exhibit D - Order Denying Motion to Stay - Lack of Good Cause)(Haindfield, Matthew) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 8 Supplemental MOTION to Stay re #7 MOTION to Stay Notice of Supplemental Authority in Support of Motion to Stay by DePuy Orthopaedics, Inc..Motions referred to Celeste F. Bremer. Responses due by 5/13/2011 (Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 7 MOTION to Stay by DePuy Orthopaedics, Inc..Motions referred to Celeste F. Bremer. Responses due by 4/28/2011 (Attachments: #1 Brief in Support)(Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 6 NOTICE of Appearance by Bradley M Beaman on behalf of Brian K. Near, Natalie J. Near, Rachel S. Near (Beaman, Bradley) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 5 NOTICE of Appearance by Kimberly S Bartosh on behalf of DePuy Orthopaedics, Inc. (Bartosh, Kimberly) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 4 Corporate Disclosure/Statement of Interest by DePuy Orthopaedics, Inc.. (Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 3 ANSWER to Complaint by DePuy Orthopaedics, Inc..(Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 2 SUMMONS Returned Executed by Brian K. Near, Natalie J. Near, Rachel S. Near. DePuy Orthopaedics, Inc. served on 1/26/2011, answer due 2/16/2011. (Haindfield, Matthew) [Transferred from Iowa Southern on 6/30/2011.] |
| Filing 1 COMPLAINT against DePuy Orthopaedics, Inc. Filing fee paid in the amount of $ 350., filed by Brian K. Near, Natalie J. Near, Rachel S. Near. Notice of Dismissal for lack of Service deadline set for 5/23/2011. Rule 16 Notice of Dismissal set for 5/23/2011.(Haindfield, Matthew) [Transferred from Iowa Southern on 6/30/2011.] |
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