Near et al v. DePuy Orthopaedics, Inc.
Plaintiff: Brian K. Near and Natalie J. Near
Defendant: 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
Case Number: 4:2023cv00016
Filed: January 13, 2023
Court: US District Court for the Southern District of Iowa
Presiding Judge: Helen C Adams
Referring Judge: Stephanie M Rose
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 13, 2023 Filing 68 PUBLIC DOCKET ANNOTATION: ALL FUTURE FILINGS IN LEAD CASE 4-11-CV-32. (kjw)
January 13, 2023 Filing 67 Case transferred in from District of Texas Northern; Case Number 3:11-cv-01452. Original file
January 13, 2023 Judge Stephen H. Locher and Chief Magistrate Judge Helen C. Adams added. (kjw)
January 13, 2023 ***Civil Case Terminated. (kjw)
January 13, 2023 Chief Judge Stephanie M. Rose added. Judge Stephen H. Locher no longer assigned to case. (kjw)
January 12, 2023 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)
January 11, 2023 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)
January 10, 2023 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)
January 10, 2023 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)
January 3, 2023 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)
December 30, 2022 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)
December 30, 2022 Opinion or Order 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)
December 30, 2022 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)
December 29, 2022 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)
December 27, 2022 Opinion or Order 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)
December 21, 2022 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)
December 20, 2022 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)
December 16, 2022 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)
December 16, 2022 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)
December 15, 2022 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)
December 15, 2022 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)
December 9, 2022 Opinion or Order 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)
December 9, 2022 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)
December 9, 2022 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)
December 2, 2022 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)
December 1, 2022 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.)
November 4, 2022 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.)
October 13, 2022 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)
October 13, 2022 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)
October 3, 2022 Filing 39 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri)
September 30, 2022 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)
September 16, 2022 Opinion or Order 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)
September 1, 2022 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)
August 1, 2022 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)
July 1, 2022 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)
March 15, 2022 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)
July 13, 2021 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)
April 17, 2021 Opinion or Order 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)
April 16, 2021 Filing 30 MOTION to Withdraw #29 MOTION to Compel Discovery filed by Brian K. Near, Natalie J. Near, Rachel S. Near (Haindfield, Matthew)
April 12, 2021 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)
March 31, 2021 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)
April 6, 2018 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)
March 14, 2013 Filing 26 NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy & Johnson Defendants. (jeh)
August 2, 2012 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)
July 17, 2012 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).
June 21, 2012 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).
April 23, 2012 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)
April 6, 2012 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)
April 5, 2012 Opinion or Order 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)
February 7, 2012 Opinion or Order 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)
January 10, 2012 Opinion or Order 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)
January 9, 2012 Opinion or Order 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)
January 9, 2012 Opinion or Order 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)
September 19, 2011 ***Set MDL-2244 Flag (Entered on 9/19/2011) (drh)
August 19, 2011 Filing 20 NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Orthopaedics, Inc.. (Powell, Michael)
August 17, 2011 Filing 19 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Orthopaedics, Inc.. (Roberts, Seth)
August 10, 2011 Opinion or Order 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)
June 30, 2011 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).
June 30, 2011 Opinion or Order 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)
June 30, 2011 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.
June 30, 2011 Filing 14 CERTIFIED ORDER Transfering Case to the Northern District of Texas. (gk, ) [Transferred from Iowa Southern on 6/30/2011.]
June 6, 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.]
May 5, 2011 Opinion or Order 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.]
May 2, 2011 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.]
April 29, 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.]
April 27, 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.]
April 26, 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.]
April 11, 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.]
March 7, 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.]
March 2, 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.]
March 1, 2011 Filing 4 Corporate Disclosure/Statement of Interest by DePuy Orthopaedics, Inc.. (Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.]
March 1, 2011 Filing 3 ANSWER to Complaint by DePuy Orthopaedics, Inc..(Antenucci, Megan) [Transferred from Iowa Southern on 6/30/2011.]
February 2, 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.]
January 21, 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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Search for this case: Near et al v. DePuy Orthopaedics, Inc.
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Defendant: Medical Device Business Services, Inc.
Represented By: Terri Bruksch
Represented By: Jessica D. Miller
Represented By: John H. Beisner
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Defendant: DePuy Orthopaedics, Inc.
Represented By: Kimberly S Bartosh
Represented By: John H. Beisner
Represented By: Megan M Antenucci
Represented By: Jessica D. Miller
Represented By: Terri Bruksch
Represented By: Seth Michael Roberts
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Defendant: DePuy Products Inc
Represented By: John H. Beisner
Represented By: Terri Bruksch
Represented By: Jessica D. Miller
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Defendant: DePuy Synthes Sales, Inc.
Represented By: Terri Bruksch
Represented By: John H. Beisner
Represented By: Jessica D. Miller
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Defendant: DePuy Synthes Products, Inc.
Represented By: Jessica D. Miller
Represented By: John H. Beisner
Represented By: Terri Bruksch
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Defendant: Depuy Synthes, Inc
Represented By: Jessica D. Miller
Represented By: Terri Bruksch
Represented By: John H. Beisner
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Defendant: DePuy International Limited
Represented By: Terri Bruksch
Represented By: Jessica D. Miller
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Defendant: Johnson & Johnson
Represented By: Jessica D. Miller
Represented By: John H. Beisner
Represented By: Terri Bruksch
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Defendant: Johnson & Johnson Services, Inc
Represented By: Terri Bruksch
Represented By: Jessica D. Miller
Represented By: John H. Beisner
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Plaintiff: Brian K. Near
Represented By: Matthew J. Haindfield
Represented By: Bradley M. Beaman
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Plaintiff: Natalie J. Near
Represented By: Bradley M. Beaman
Represented By: Matthew J. Haindfield
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