Cowart v. Wright Medical Technology, Inc. et al
Plaintiff: Mae Ellar Cowart
Defendant: Wright Medical Group, Inc. and Wright Medical Technology, Inc.
Case Number: 2:2018cv06747
Filed: July 6, 2018
Court: U.S. District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Out of State
Presiding Judge: Janis van Meerveld
Referring Judge: Jay C Zainey
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2018 Filing 20 CONDITIONAL REMAND ORDER from the Judicial Panel on Multidistrict Litigation. (Attachments: #1 Suggestion Concerning Remand) (btql) [Transferred from gand on 7/17/2018.]
July 6, 2018 Case electronically transferred to District of Eastern Louisiana, 2:12-cv-00440. (btql) [Transferred from gand on 7/17/2018.]
June 22, 2018 Opinion or Order Filing 19 ORDER directing that the Clerk administratively close the cases listed on Exhibit A to the Suggestion Concerning Remand #18 . Signed by Judge William S. Duffey, Jr. on 6/22/18. (ddm) [Transferred from gand on 7/17/2018.]
June 22, 2018 Opinion or Order Filing 18 ORDER advising that pursuant to JPML Rule 10.1(b), the Court respectfully suggests that the JPML remand the cases identified in Exhibit A (attached to this Order) to the United States District Courts in which each case was filed and from which it was transferred. Signed by Judge William S. Duffey, Jr. on 6/22/18. (ddm) [Transferred from gand on 7/17/2018.]
June 22, 2018 Civil Case Terminated. (ddm) [Transferred from gand on 7/17/2018.]
May 30, 2018 NOTICE CANCELLING HEARING (by docket entry only): The teleconference set for 5/31/2018 at 9:30 a.m. is CANCELLED. Associated Cases: 1:12-md-02329-WSD, 1:12-cv-01305-WSD (bgt) [Transferred from gand on 7/17/2018.]
May 21, 2018 Opinion or Order Filing 17 ORDER scheduling a telephonic status conference for May 31, 2018, at 9:30 am, to discuss the status of this litigation and the processing of it with respect to the conclusion of the multi-district litigation. All counsel in the Case, including Ms. Cowart's individual counsel, are required to participate in the teleconference. Signed by Judge William S. Duffey, Jr. on 5/21/18. (ddm) [Transferred from gand on 7/17/2018.]
May 15, 2018 Opinion or Order Filing 16 ORDER scheduling an in-chambers status conference for May 21, 2018, at 11:00 am, in Room 1721 to discuss the status of this litigation and the processing of it with respect to the conclusion of the multi-district litigation. All counsel in the Case, including Ms. Cowart's individual counsel, are required to attend the status conference. Signed by Judge William S. Duffey, Jr. on 5/15/18. (ddm) [Transferred from gand on 7/17/2018.]
August 22, 2017 Opinion or Order ORDER (by docket entry only) granting the law firm of Morris Bart LLC's (1912) Motion to Withdraw as Attorney for Plaintiff Mae Ellar Cowart. Attorney Mekel Smith Alvarez and Morris Bart, III are terminated from the docket. Plaintiff will continue to be represented by Salvadore Christina, Jr., Jennifer Crose, and Matthew Moreland of Becnel Law Firm, LLC. Ordered by Judge William S. Duffey, Jr on 8/22/2017. Associated Cases: 1:12-md-02329-WSD, 1:12-cv-01305-WSD (bgt) [Transferred from gand on 7/17/2018.]
August 8, 2017 Filing 15 MOTION to Withdraw the law firm of Morris Bart LLC as counsel for Plaintiff Mae Ellar Cowart. (Attachments: #1 Text of Proposed Order)(ddm) [Transferred from gand on 7/17/2018.]
December 20, 2016 Opinion or Order Filing 14 QUALIFIED PROTECTIVE ORDER AS TO MEDICAID, OTHER GOVERNMENTAL HEALTHCARE PROGRAMS AND PRIVATE HEALTH INSURANCE PLANS (See Order for specifics) Signed by Judge William S. Duffey, Jr on 12/20/2016. Associated Cases: 1:12-md-02329-WSD et al.(rjs) [Transferred from gand on 7/17/2018.]
December 20, 2016 Opinion or Order Filing 13 QUALIFIED PROTECTIVE ORDER AS TO MEDICARE SECONDARY PAYER granting the 1791 Motion for Protective Order in case 1:12-md-02329-WSD. (See Order for specifics) Signed by Judge William S. Duffey, Jr on 12/20/2016. Associated Cases: 1:12-md-02329-WSD et al.(rjs) [Transferred from gand on 7/17/2018.]
December 23, 2014 Opinion or Order Filing 12 SCHEDULING ORDER: BELLWETHER TRIAL PROGRAM - The Bellwether Program set March 9, 2015, as the trial date for the first Bellwether trial in this MDL. The Pretrial Conference for the trial is set for February 26, 2015. In anticipation of this trial and upon consideration of the scope of these proceedings, the Court sets the following scheduling order for pretrial motions and the consolidated pretrial order. January 9, 2015: Dispositive motions due. January 27, 2015: Response to dispositive motions due. Reply briefs due. (Motions submitted to the Court) January 15, 2015: Daubert Motions due. January 30, 2015: Responses to Daubert motions due. February 10, 2015: Reply briefs due. January 30, 2015: Motions in limine due. February 13, 2015: Responses to motions in limine due. February 20, 2015: Reply briefs and Consolidated Pretrial Order due. February 26, 2015: Pre-trial conference. Signed by Judge William S. Duffey, Jr on 12/22/2014. Associated Cases: 1:12-md-02329-WSD et al.(anc) [Transferred from gand on 7/17/2018.]
December 4, 2014 Filing 11 NOTICE of Appearance of Sharon L. Caffrey by Wright Medical Group, Inc. and Wright Medical Technology Inc. (Attachments: #1 Letter, #2 Notice of Manual Filing)Associated Cases: 1:12-md-02329-WSD et al.(anc) Modified on 12/5/2014 in order to update represented parties (anc). [Transferred from gand on 7/17/2018.]
August 19, 2014 Opinion or Order Filing 10 SCHEDULING ORDER: BELLWETHER TRIAL PROGRAM - Trial Date (1st Bellwether Trial): March 9, 2015, Pre-Trial Conference: February 26, 2015. The Bellwether Trial Pool Nominees will consist of the ten (10) cases previously identified and developed for mediation in this consolidated action. The parties were ordered by the Court to identify, ten (10) MDL plaintiffs based on various design configurations and failure modes. After inventory and review of the filed MDL cases, the parties identified the most common types of device configurations and injury/failure modes. Both parties each selected one case per ten (10) categories, and ultimately selected the ten (10) CONSERVE cases that became part of the Mediation. Those 10 cases include: Plaintiff Terry Borg AZ, 1:13-cv-01565-WSD, Plaintiff Betty Hall GA, 1:13-cv-OO1 65-WSD, Plaintiff Michael Glassco CO, 1:13-cv-01354-WSD, Plaintiff Kaylene Smith GA, 1:12-cv-02992-WSD, Plaintiff Robyn Christiansen UT, 1:13-cv-00297-WSD, Plaintiff Dorothea Dolly McCormick UT, 1:13-cv-02390-WSD, Plaintiff George Fry GA, 1:13-cv-03639-WSD, Plaintiff William Kenneth Duvall GA, 1:13-cv-02389-WSD, Plaintiff Valerie Hasely CA, 1:13-CV-3587-WSD, and Plaintiff Norma Sanders OR, 1: 14-cv-00175-WSD. See order for additional information regarding these cases. DEADLINES: September 16, 2014: With regard to the Bellwether Pool Nominees, Defendants shall notify this Court and Co-Lead Counsel whether or not they waive their right, as applicable, to venue or to have non-Georgia cases remanded to transferor courts for trial (the Lexecon issue). September 30, 2014: Parties to agree on the two Bellwether eases to proceed to trial and the order in which the two eases will proceed to trial and submit selected cases and order to the Court. In the event the parties cannot reach an agreement on case selection and/or trial order by this date, the parties will notify the Court and request its guidance. October 3, 2014: Full fact discovery on the first Bellwether Trial Plaintiff reopens. October 3, 2014: Last day for Bellwether Trial Plaintiffs to amend their complaints. Wright Medical's response shall be due 14 days after filing of an Amended Complaint. October 7, 2014: The parties shall submit a schedule for anticipated motions and briefing of legal issues for the first Bellwether trial. (This shall include scheduling for dispositive, Daubert and limine motions and the briefing and hearings associated therewith.) October 7, 2014 Plaintiff to provide witness and exhibit lists for the first Bellwether trial. November 4, 2014 Defendants to provide witness and exhibit lists for the first Bellwether trial. Witness, as referred to in the above-two deadlines, shall include factual witnesses as well as experts, identified by area of expertise (deadline for identifying experts by name is separate). No witness or exhibit may be added without leave of Court after January 23, 2014. Counsel are cautioned that, in creating witness and exhibit lists, good faith is expected at all times. November 7, 2014: Expert-Related Deadlines for the First Bellwether Trial Begin. February 20, 2015: Discovery (fact and expert) of the first Bellwether Trial Deadline, February 26, 2015: Pre-trial conference, March 9, 2015: Trial of the first Bellwether case. SEE ORDER FOR ADDITIONAL INFORMATION. Signed by Judge William S. Duffey, Jr on 8/19/2014. Associated Cases: 1:12-md-02329-WSD et al.(anc) Modified on 8/20/2014 in order to update docket text (anc). [Transferred from gand on 7/17/2018.]
March 28, 2013 Filing 9 SHORT FORM ANSWER to #8 Amended Complaint of Mae Ellar Cowart by Wright Medical Group, Inc., Wright Medical Technology, Inc.. Discovery ends on 8/26/2013.(Ash, Dana) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 7/17/2018.]
March 13, 2013 Filing 8 AMENDED COMPLAINT Abbreviated Short Form Complaint against All Defendants with Jury Demand, filed by Mae Ellar Cowart.(Crose, Jennifer) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from gand on 7/17/2018.]
May 3, 2012 Opinion or Order Filing 7 ORDER GRANTING Joint 59 Motion to Appoint Lead Counsel Pope, McGlamry, Kilpatrick Morrison & Norwood, P.C. and Kiesel Boucher Larson, LLP Appointed as Co-Lead Counsel in case 1:12-md-02329-WSD. The law firm of Pope McGlamry will be the liaison with the Court, and communications with the Court on behalf of Plaintiffs will only be made through this firm. Duties of Co-Lead Counsel and Co-Liasion Counsel are outlined in this Order. (See order for specific details.). This Order applies to all actions included in MDL No. 2329, subsequently transferred (tag along) actions, and all actions directly filed in this MDL proceeding. A copy of this Order will be served by Co-Lead Counsel on all counsel for Plaintiffs. Signed by Judge William S. Duffey, Jr on 5/3/2012. Associated Cases: 1:12-md-02329-WSD et al.(kt) [Transferred from gand on 7/17/2018.]
April 17, 2012 Filing 6 Case transferred in from District of Louisiana Eastern; Case Number 2:12-cv-00440. Original file certified copy of transfer order and docket sheet received. [Transferred from gand on 7/17/2018.]
April 16, 2012 Opinion or Order Filing 5 Order of MDL Transfer to District of Northern Georgia. MDL case number is 2329. Electronic file, certified copy of transfer order, and docket sheet sent.. Signed by Judge Helen G. Berrigan. (Attachments: #1 Request)(plh, ) [Transferred from Louisiana Eastern on 4/17/2012.] [Transferred from gand on 7/17/2018.]
April 11, 2012 Filing 4 Notice of Conditional Transfer Order to MDL regarding MDL 2329. (plh, ) [Transferred from Louisiana Eastern on 4/17/2012.] [Transferred from gand on 7/17/2018.]
February 17, 2012 Filing 3 Summons Issued as to Wright Medical Group, Inc., Wright Medical Technology, Inc.. (Attachments: #1 Summons Wright Medical Group)(plh, ) [Transferred from Louisiana Eastern on 4/17/2012.] [Transferred from gand on 7/17/2018.]
February 16, 2012 Filing 2 Initial Case Assignment to Judge Helen G. Berrigan and Magistrate Judge Alma L. Chasez. (cl, ) [Transferred from Louisiana Eastern on 4/17/2012.] [Transferred from gand on 7/17/2018.]
February 16, 2012 Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 350 receipt number 053L-3390405) filed by Mae Ellar Cowart. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Becnel, Daniel) [Transferred from Louisiana Eastern on 4/17/2012.] [Transferred from gand on 7/17/2018.]

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Defendant: Wright Medical Group, Inc.
Represented By: Dana Jeffrey Ash
Represented By: Sharon L. Caffrey
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Defendant: Wright Medical Technology, Inc.
Represented By: Dana Jeffrey Ash
Represented By: Sharon L. Caffrey
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Plaintiff: Mae Ellar Cowart
Represented By: Jennifer L. Crose
Represented By: Daniel E. Becnel, Jr.
Represented By: Matthew B. Moreland
Represented By: Morris Bart, III
Represented By: Mekel Smith Alvarez
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