Handshoe v. DePuy Synthes Sales, Inc. et al
| Billy Handshoe |
| Dan Hopewell, DePuy Synthes Sales, Inc., Medical Device Business Services, Inc., DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Highlands Hospital Corporation, DePuy Ireland Unlimited Company, DePuy Synthes Products, LLC., DePuy Mitek, LLC, DePuy Synthes Johnson & Johnson Ireland Ltd., Dan Hopewell LLC, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., DePuy Synthes, Inc., DePuy Mitek, Inc. and DePuy Synthes Products, Inc. |
| 7:2019cv00006 |
| January 14, 2019 |
| US District Court for the Eastern District of Kentucky |
| Robert E Wier |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
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.
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| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #40 REPLY to #22 in Support of Response to Show Cause Order (RCB) |
| Filing 40 REPLY to #22 in Support of Response to Show Cause Order filed by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Wettle, Susan) |
| Filing 39 RESPONSE in Opposition re #23 MOTION to Remand to State Court by Billy Handshoe filed by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Wettle, Susan) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #38 Response to Order to Show Cause (RCB) |
| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE by Billy Handshoe #6 filed by Billy Handshoe. (Attachments: #1 Exhibit State Court Complaint)(Carter, Miller) |
| Filing 37 ANSWER to Complaint with Jury Demand by Johnson & Johnson Services, Inc..(Wettle, Susan) |
| Filing 36 ANSWER to Complaint with Jury Demand by DePuy Ireland Unlimited Company.(Wettle, Susan) |
| Filing 35 ANSWER to Complaint with Jury Demand by Medical Device Business Services, Inc..(Wettle, Susan) |
| Filing 34 ANSWER to Complaint with Jury Demand by DePuy Mitek, Inc..(Wettle, Susan) |
| Filing 33 ANSWER to Complaint with Jury Demand by DePuy Synthes, Inc..(Wettle, Susan) |
| Filing 32 ANSWER to Complaint with Jury Demand by DePuy International Limited.(Wettle, Susan) |
| Filing 31 ANSWER to Complaint with Jury Demand by Johnson & Johnson.(Wettle, Susan) |
| Filing 30 ANSWER to Complaint with Jury Demand by DePuy Synthes Sales, Inc..(Wettle, Susan) |
| Filing 29 ANSWER to Complaint with Jury Demand by DePuy Synthes Products, Inc..(Wettle, Susan) |
| Filing 28 ANSWER to Complaint with Jury Demand by Johnson & Johnson International, Inc..(Wettle, Susan) |
Filing 27
ORDER GRANTING ENLARGEMENT OF TIME TO ANSWER, MOVE, OR OTHERWISE PLEAD: re #26 DePuy and Johnson & Johnson Dfts have until February 28, 2019 in which to answer, move, or otherwise plead in response to Plf's Complaint. Signed by Judge Robert E. Wier on 2/21/2019. (RCB)cc: COR
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| Filing 26 MOTION for Extension of Time to File Answer by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (Attachments: #1 Proposed Order for Enlargement of Time to Answer)(Wettle, Susan) |
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Filing 25
ORDER: Plf Billy Handshoe moved to remand. DE #23 . Contemporaneously, he moved for "a hearing on [his] motion to remand" due to "the important issues raised by the motion." DE #24 . Court perceives no need to await a response and DENIES DE #24 , though without prejudice. Signed by Judge Robert E. Wier on 2/13/2019. (RCB)cc: COR
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| Filing 24 MOTION for Hearing re #23 MOTION to Remand to State Court by Billy Handshoe by Billy Handshoe (Attachments: #1 Proposed Order)(Carter, Miller) |
| Filing 23 MOTION to Remand to State Court by Billy Handshoe (Attachments: #1 Memorandum in Support, #2 Exhibit State Court Complaint, #3 Proposed Order)(Carter, Miller) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #22 Response to Order to Show Cause (RCB) |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. #6 filed by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Dan Hopewell)(Wettle, Susan) Modified text on 2/12/2019 (RCB). |
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Filing 21
ORDER: Court GRANTS DE # #18 & #19 and permits Hon. Andrew J. Cross and Hon. Jeffrey J. Lowe to serve as pro hac vice counsel for Plaintiff. Signed by Judge Robert E. Wier on 2/6/2019. (RCB)cc: COR
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Filing 20
ORDER: Court DISMISSES WITHOUT PREJUDICE (1) DePuy Orthopaedics, Inc., (2) DePuy, Inc., and (3) DePuy Synthes Johnson & Johnson Ireland Ltd. Additionally, Court SUBSTITUTES (1) DePuy Synthes Products, Inc., for DePuy Synthes Products, LLC, and (2) DePuy Mitek, Inc., for DePuy Mitek, LLC. Signed by Judge Robert E. Wier on 2/5/2019. (RCB)cc: COR
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| Filing 19 RENEWED MOTION for Jeffrey Lowe to Appear Pro Hac Vice by Billy Handshoe ( Filing fee $125; receipt number 0643-4277266) (Attachments: #1 Exhibit Affidavit of Jeffrey Lowe, #2 Exhibit Missouri Certificate of Good Standing Lowe, #3 Exhibit Illinois Certificate of Good Standing Lowe, #4 Proposed Order)(Carter, Miller) Modified text on 2/5/2019 (RCB). |
| Filing 18 RENEWED MOTION for Andrew Cross to Appear Pro Hac Vice by Billy Handshoe ( Filing fee $125; receipt number 0643-4277253) (Attachments: #1 Exhibit Affidavit of Andrew Cross, #2 Exhibit Certificate of Good Standing Missouri, #3 Exhibit Certificate of Good Standing Illinois, #4 Exhibit Certificate of Good Standing Wisconsin, #5 Proposed Order)(Carter, Miller) Modified text on 2/5/2019 (RCB). |
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Filing 17
ORDER: Court DENIES DE # #15 & #16 WITHOUT PREJUDICE to renewal in compliance with the Local Rule. Signed by Judge Robert E. Wier on 2/5/2019. (RCB)cc: COR
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| BAR STATUS Check completed as to Andrew J. Cross re #15 MOTION for Andrew J. Cross to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4276627). (RCB) |
| BAR STATUS Check completed as to Jeffrey J. Lowe re #16 MOTION for Jeffrey J. Lowe to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4276651). (RCB) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #14 Response to Order to Show Cause (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #15 MOTION for Andrew J. Cross to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4276627); #16 MOTION for Jeffrey J. Lowe to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4276651) (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #18 RENEWED MOTION for Andrew Cross to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4277253), #19 RENEWED MOTION for Jeffrey Lowe to Appear Pro Hac Vice by Billy Handshoe (Filing fee $125; receipt number 0643-4277266) (RCB) |
| Filing 16 MOTION for Jeffrey J. Lowe to Appear Pro Hac Vice by Billy Handshoe ( Filing fee $125; receipt number 0643-4276651) (Attachments: #1 Exhibit affidavit of Jeffrey J. Lowe, #2 Proposed Order)(Carter, Miller) |
| Filing 15 MOTION for Andrew J. Cross to Appear Pro Hac Vice by Billy Handshoe ( Filing fee $125; receipt number 0643-4276627) (Attachments: #1 Exhibit Affidavit of Andrew Cross, #2 Proposed Order)(Carter, Miller) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Billy Handshoe #6 filed by Billy Handshoe. (Carter, Miller) |
| Filing 13 NOTICE by Highlands Hospital Corporation CONSENT TO REMOVAL (Boggs, Victoria) |
| Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Synthes Products, LLC., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Wettle, Susan) |
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Filing 11
ORDER GRANTING ENLARGEMENT OF TIME TO ANSWER, MOVE, OR OTHERWISE PLEAD: re #10 DePuy and Johnson & Johnson Defendants have until Febrnary 21, 2019 in which to answer, move, or otherwise plead in response to Plaintiff's Complaint. Signed by Judge Robert E. Wier on 1/23/2019. (RCB)cc: COR
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| Filing 10 MOTION for Extension of Time to File Answer by DePuy Inc., DePuy International Limited, DePuy Ireland Unlimited Company, DePuy Mitek, LLC, DePuy Orthopaedics, Inc., DePuy Synthes Johnson & Johnson Ireland Ltd., DePuy Synthes Products, LLC., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (Attachments: #1 Proposed Order for Enlargement of Time)(Wettle, Susan) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Highlands Hospital Corporation identifying Corporate Parent Consolidated Health Systems, Inc./Highlands Hospital Corporation for Highlands Hospital Corporation.. (Boggs, Victoria) |
| Filing 8 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Victoria Boggs. #7 Answer to Complaint has been filed by Highlands Hospital Corporation without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB) |
| Filing 7 ANSWER to Complaint by Highlands Hospital Corporation.(Boggs, Victoria) |
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Filing 6
ORDER: Plaintiff to, within 14 days, file a notice in record indicating whether he contests any of Removing Defendants' characterizations on DE #1 , at 1-2 & nn.1-5, or whether he consents to party substitution. Court will issue further appropriate Orders, and may require further briefing, following Pla's notice. Court ORDERS Removing Dfts to globally show cause within 21 days why the case should not be remanded for lack of subject-matter jurisdiction, submitting any relevant proof and addressing all implicated topic(s). Pla shall respond within 21 days of the filing. Any affected party may reply within 7 days of any response. The matters will then stand submitted for further appropriate action. Signed by Judge Robert E. Wier on 1/19/2019. (NOTE: Independent ordering clauses-one that stretches from pages 2-3, and the second on page 5.) (RCB)cc: COR
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| Filing 5 NOTICE TO ATTORNEY Jessica A. Owens by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Admission Check)(RCB) |
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Filing 4
ORDER: Court GRANTS Highlands Hospital Corporation's motion and extends the time in which it may file an Answer to January 22, 2019. Signed by Judge Robert E. Wier on 1/16/2019. (RCB)cc: COR
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| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Susan Wettle. #1 Notice of Removal has been filed by DePuy Orthopaedics, Inc., DePuy Inc., Johnson & Johnson Services, Inc., Johnson & Johnson International, Inc., DePuy Synthes Products, LLC., DePuy Synthes, Inc., DePuy Mitek, LLC, DePuy Synthes Sales, Inc., DePuy Synthes Johnson & Johnson Ireland Ltd., Johnson & Johnson, DePuy International Limited, Medical Device Business Services, Inc., DePuy Ireland Unlimited Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB) |
| Conflict Check run. (RCB) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re MOTION for Extension of Time to File Answer (State Court) by Highlands Hospital Corporation (RCB) |
| Filing 1 NOTICE OF REMOVAL from Floyd Circuit Court, case number 18-CI-774, filed by DePuy Orthopaedics, Inc., DePuy Inc., Johnson & Johnson Services, Inc., Johnson & Johnson International, Inc., DePuy Synthes Products, LLC., DePuy Synthes, Inc., DePuy Mitek, LLC, DePuy Synthes Sales, Inc., DePuy Synthes Johnson & Johnson Ireland Ltd., Johnson & Johnson, DePuy International Limited, Medical Device Business Services, Inc., DePuy Ireland Unlimited Company. (Filing fee $400; receipt number 0643-4260327) (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Exhibit C - Declaration of Dan Hopewell, #4 Civil Cover Sheet)(RCB) |
| MOTION for Enlargement of Time to File Answer (State Court) by Highlands Hospital Corporation. See DE #1 , attachment #1, for pdf document. (RCB) |
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