Spellman v. Smith & Nephew Incorporated
Plaintiff: Lori Spellman
Defendant: Smith & Nephew Incorporated
Case Number: 1:2018cv03044
Filed: October 5, 2018
Court: US District Court for the District of Maryland
Presiding Judge: Catherine C Blake
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2018 Filing 76 NOTICE by Smith & Nephew, Inc. of Filing Updated LIstings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
December 3, 2018 Filing 75 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/28/18, before Judge Blake. Court Reporter/Transcriber Douglas J. Zweizig, RDR, CRR, FCRR, Telephone number 410-962-4474 / douglas_zweizig@mdd.uscourts.gov. Total number of pages filed: 50. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/3/2019. Release of Transcript Restriction set for 3/4/2019.Associated Cases: 1:17-md-02775-CCB et al.(dz, Court Reporter)
November 28, 2018 Filing 74 ACKNOWLEDGEMENT OF SERVICE Executed Acknowledgement filed by Terry Botkin.Associated Cases: 1:17-md-02775-CCB et al.(Davis, Alex)
November 26, 2018 Filing 73 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases(, #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
November 26, 2018 Filing 72 Correspondence re: Parties' Proposed Agenda for November 28, 2018 Status Conference Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri)
November 26, 2018 Opinion or Order Filing 71 CASE MANAGEMENT ORDER No. 11. Signed by Judge Catherine C. Blake on 11/26/2018. Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
November 20, 2018 Filing 70 Correspondence re: Proposed Deposition Protocol (Attachments: #1 Attachment Proposed Deposition Protocol - CMO 11)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri)
November 19, 2018 Opinion or Order Filing 69 ORDER in BHR Track Actions granting in part and denying in part (795) Motion to Dismiss Claims as Time-Barred in case 1:17-md-02775-CCB. The Plaintiffs are Granted Leave to Amend. Signed by Judge Catherine C. Blake on 11/19/2018. Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
November 19, 2018 Filing 68 MEMORANDUM in BHR Track Actions. Signed by Judge Catherine C. Blake on 11/19/2018. Associated Cases: 1:17-md-02775-CCB et al(cags, Deputy Clerk)
November 19, 2018 Filing 67 NOTICE by Smith & Nephew Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
November 15, 2018 Opinion or Order Filing 66 ORDER in all actions re: deposition protocols. Signed by Judge Catherine C. Blake on 11/15/2018. Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
November 14, 2018 Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11/13/18, before Judge Blake. Court Reporter/Transcriber Douglas J. Zweizig, Telephone number 410-962-4474 / douglas_zweizig@mdd.uscourts.gov. Total number of pages filed: 60. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 12/5/2018. Redacted Transcript Deadline set for 12/17/2018. Release of Transcript Restriction set for 2/12/2019.Associated Cases: 1:17-md-02775-CCB et al.(dz, Court Reporter)
November 14, 2018 Filing 64 MDL Certified Transfer ORDER No. 48 transferring the attached case to the District of Maryland Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
November 12, 2018 Filing 63 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
November 5, 2018 Filing 62 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
November 2, 2018 Filing 61 Correspondence re: Plaintiff's Proposed Deposition Protocol (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert)
November 2, 2018 Filing 60 Substantive legal issues - addressing (Attachments: #1 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri)
October 29, 2018 Filing 59 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
October 26, 2018 Opinion or Order Filing 58 ORDER in all Actions Directing Parties that no later than November 2, 2018 each shall file a letter brief outlining the areas of disagreement, and attaching their proposed version of a Deposition Protocol. Signed by Judge Catherine C. Blake on 10/25/2018. Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
October 22, 2018 Filing 57 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
October 15, 2018 Filing 56 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
October 11, 2018 Filing 55 MDL Certified Transfer ORDER No. 46 Transferring the attached case to the District of Maryland. Associated Cases: 1:17-md-02775-CCB et al.(cags, Deputy Clerk)
October 8, 2018 Filing 54 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Gourley, Sara)
October 5, 2018 Filing 53 AMENDED COMPLAINT against All Defendants, filed by Francis Gregg Proudfoot, II.Associated Cases: 1:17-md-02775-CCB et al.(Cates, Brittany)
October 5, 2018 Filing 52 Correspondence from Clerk to counsel re: transfer of MDL case(c/emailed 10/5/2018 sls, Deputy Clerk) (slss, Deputy Clerk)
October 5, 2018 Filing 51 Case transferred in from District of Arizona; Case Number 3:16-cv-08080. Original file certified copy of transfer order and docket sheet received.
October 3, 2018 Filing 50 CERTIFIED MDL TRANSFER ORDER Transferring Case to the District of Maryland Re MDL-2775. (MAP)
October 3, 2018 Remark: Case Transferred to the District of Maryland via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
July 27, 2018 Opinion or Order Filing 49 ORDER granting #44 Motion to Stay. The Clerk shall stay this matter until 10/17/2018, at which time the stay shall be lifted and Defendant shall file an answer to the Amended Complaint (Doc. #42 ). Signed by Judge G Murray Snow on 7/27/18. (DXD)
July 27, 2018 Filing 48 MINUTE ENTRY for proceedings held before Judge G Murray Snow: Status Conference held on 7/27/2018. Order to follow. APPEARANCES: Derek Burch for Plaintiff. David O'Quinn (telephonically) and Megan Evans for Defendant. (Court Reporter Charlotte Powers.) Hearing held 9:57 AM to 10:17 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ)
July 26, 2018 Filing 47 NOTICE TO FILER OF DEFICIENCY re: #45 Response in Opposition to Motion. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
July 26, 2018 Filing 46 NOTICE of Appearance by Megan Anne Evans on behalf of Smith & Nephew Incorporated. (Evans, Megan)
July 26, 2018 Filing 45 RESPONSE in Opposition re: #44 MOTION to Stay Pending Transfer to MDL No. 2775 filed by Lori Spellman. (Attachments: #1 Exhibit 1- S&N Opp to Stay in Rand v. S&N, #2 Exhibit 2-Rand Court's Ruling Denying Motion to Stay, #3 Exhibit 3-S&N Response to Interrogatories)(Burch, Derek)
July 25, 2018 Filing 44 MOTION to Stay Pending Transfer to MDL No. 2775 by Smith & Nephew Incorporated. (Attachments: #1 Text of Proposed Order Order)(Slattery, GinaMarie)
July 18, 2018 Filing 43 NOTICE re: of Filing Opposition to Conditional Transfer Order with JPML by Lori Spellman . (Attachments: #1 Exhibit 1- Notice of Opposition to CTO filed in the JPML)(Burch, Derek)
July 13, 2018 Filing 42 AMENDED COMPLAINT against Smith & Nephew Incorporated filed by Lori Spellman.(Burch, Derek)
July 12, 2018 Opinion or Order Filing 41 ORDER setting a Status Conference for 7/27/2018 at 10:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 7/12/18. (EJA)
July 6, 2018 Filing 40 MANDATE of USCA Reversing and Remanding District Court decision re: 17-15351 as to #32 Notice of Appeal filed by Lori Spellman. (Attachments: #1 Memorandum)(DXD)
June 22, 2018 Opinion or Order Filing 39 ORDER OF RECUSAL. This matter has been reassigned by random lot to the Honorable G. Murray Snow all future pleadings and papers submitted for filing shall bear the following complete case number: CV-16-08080-PCT-GMS. Signed by Judge Douglas L Rayes on 6/22/2018. (MMO)
June 22, 2018 Filing 38 MINUTE ORDER: Due to clerical error, this matter has been reassigned to Judge Douglas L Rayes. Magistrate Judge John Z Boyle is no longer assigned to case. All future filings shall reflect the following case number: CV-16-08080-PCT-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ)
June 22, 2018 Filing 37 MINUTE ORDER: Pursuant to order #36 , Magistrate Judge John Z Boyle added. Judge John W Sedwick no longer assigned to case. All future filings shall reflect the following case number: CV-16-08080-PCT-JZB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ)
June 22, 2018 Opinion or Order Filing 36 ORDER FROM CHAMBERS - The assigned judge recuses from presiding in this case following its remand from the Circuit Court. The Clerk will please re-assign this case to another judge in this district. (SLQ)
March 1, 2017 Filing 34 USCA Case Number re: #32 Notice of Appeal. Case number 17-15351, Ninth Circuit. (LAD) (Distributed by the Ninth Circuit)
February 27, 2017 Filing 33 APPEAL DOCUMENT by Lori Spellman re: #32 Notice of Appeal Certificate of No Transcript. (Burch, Derek)
February 27, 2017 Filing 32 * NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #23 Order, #29 Order, #30 Minute Order, #31 Clerks Judgment by Lori Spellman. Filing fee received: $ 505.00, receipt number 0970-13959106. (Attachments: #1 Exhibit Representation Statement)(Burch, Derek) * Modified to add document linkage on 2/27/2017 (LAD).
February 22, 2017 Filing 31 CLERK'S JUDGMENT - pursuant to the Court's Orders filed September 26, 2016, and February 3, 2017, the Minute Order filed February 22, 2017, and Defendant's Motion to Dismiss having been granted, judgment is hereby entered for Defendant. Plaintiff to take nothing and the complaint and action are dismissed with prejudice. (REW)
February 22, 2017 Filing 30 MINUTE ORDER from the Chambers of Judge John W Sedwick. Pursuant to the orders at dockets #23 and #29 , this case is dismissed with prejudice. The Clerk will please enter judgment for defendant and close this case. (REW)
February 3, 2017 Opinion or Order Filing 29 ORDER AND OPINION: Plaintiff's Motion to Amend #24 is denied with prejudice. Signed by Judge John W Sedwick on 2/3/17.(REW)
November 14, 2016 Filing 28 REPLY to Response to Motion re: #24 First MOTION to Amend/Correct #1 Complaint filed by Lori Spellman. (Burch, Derek)
November 10, 2016 Filing 27 RESPONSE in Opposition re: #24 First MOTION to Amend/Correct #1 Complaint filed by Smith & Nephew Incorporated. (Slattery, GinaMarie)
October 25, 2016 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Response re: #24 First MOTION to Amend/Correct #1 Complaint. Response due on or before 11/10/16. Signed by Judge John W Sedwick on 10/25/16.(JWS)
October 21, 2016 Filing 25 First MOTION for Extension of Time to File Response/Reply JOINT STIPULATION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Smith & Nephew Incorporated. (Slattery, GinaMarie)
October 12, 2016 Filing 24 First MOTION to Amend/Correct #1 Complaint by Lori Spellman. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Order, #3 Text of Proposed Order Proposed Order)(Burch, Derek)
September 26, 2016 Opinion or Order Filing 23 ORDER: Defendant's motion to dismiss #16 is granted without prejudice to Plaintiff's ability to attempt to file an amended complaint that complies with the standards set out in Twombly; Plaintiff may file a motion to amend her complaint within 21 days; if she does not do so, this case will be dismissed without further notice. Signed by Judge John W Sedwick on 9/24/16.(REW)
July 29, 2016 Filing 22 REPLY to Response to Motion re: #16 MOTION to Dismiss for Failure to State a Claim filed by Smith & Nephew Incorporated. (Attachments: #1 Exhibit 1)(Slattery, GinaMarie)
July 8, 2016 Filing 21 RESPONSE in Opposition re: #16 MOTION to Dismiss for Failure to State a Claim filed by Lori Spellman. (Burch, Derek)
June 29, 2016 Opinion or Order Filing 20 ORDER pursuant to General Order 09-08 granting #19 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 29, 2016 Filing 19 MOTION for Admission Pro Hac Vice as to attorney Charles C Weddle III on behalf of Lori Spellman. (BAS)
June 29, 2016 PRO HAC VICE FEE PAID. $ 35, receipt number PHX172968 as to Charles C Weddle, III. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 28, 2016 Filing 18 TEXT ORDER pursuant to #17 Stipulation re: #16 MOTION to Dismiss for Failure to State a Claim. Plaintiff shall have through and including July 8, 2016, to respond to Defendant's Motion to Dismiss, and Defendant shall have through and including July 29, 2016, to file its reply to Plaintiff's response. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS)
June 27, 2016 Filing 17 *STIPULATION re: #16 MOTION to Dismiss for Failure to State a Claim for Extension of Briefing Deadlines by Lori Spellman. (Attachments: #1 Text of Proposed Order)(Burch, Derek) *Modified on 6/28/2016; document not in compliance with LRCiv 7.1(a)* (REW).
June 14, 2016 Filing 16 * MOTION to Dismiss for Failure to State a Claim by Smith & Nephew Incorporated. (Attachments: #1 Exhibit A-B, #2 Certificate of Record)(Slattery, GinaMarie) *Modified to correct event on 6/15/2016* (REW).
June 14, 2016 Opinion or Order Filing 15 ORDER pursuant to General Order 09-08 granting #13 Motion for Admission Pro Hac Vice; granting #14 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 14, 2016 PRO HAC VICE FEE PAID. $ 35, receipt number PHX172967 as to David W OQuinn. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 14, 2016 PRO HAC VICE FEE PAID. $ 35, receipt number PHX172968 as to Joe E White, Jr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 13, 2016 Filing 14 *MOTION for Admission Pro Hac Vice as to attorney David W OQuinn on behalf of Smith & Nephew Incorporated. (BAS) Modified docket texton 6/15/2016 (BAS) Modified to regenerate NEFon 6/16/2016 (SCH).
June 13, 2016 Filing 13 MOTION for Admission Pro Hac Vice as to attorney Joe E White Jr on behalf of Lori Spellman. (BAS)
June 7, 2016 Opinion or Order Filing 12 ORDER pursuant to General Order 09-08 granting #10 Motion for Admission Pro Hac Vice; granting #11 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
June 7, 2016 PRO HAC VICE FEE PAID. $ 70, receipt number PHX172699 as to DeeAnn L Germany, Derek K Burch. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 6, 2016 Filing 11 MOTION for Admission Pro Hac Vice as to attorney Derek K Burch on behalf of Lori Spellman. (BAS)
June 6, 2016 Filing 10 MOTION for Admission Pro Hac Vice as to attorney DeeAnn L Germany on behalf of Lori Spellman. (BAS)
May 30, 2016 Opinion or Order Filing 9 ORDER pursuant to #8 Stipulation For Extension of Time To Answer Complaint: Smith & Nephew Incorporated's answer due 6/14/2016. Signed by Judge John W Sedwick on 5/30/16. (JWS)
May 23, 2016 Filing 8 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Smith & Nephew Incorporated. (Attachments: #1 Text of Proposed Order)(Slattery, GinaMarie)
May 9, 2016 Opinion or Order Filing 7 ORDER advising counsel of procedure to follow prior to filing a motion to dismiss. Signed by Judge John W Sedwick on 5/9/16. (JWS)
May 5, 2016 Filing 6 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge John W. Sedwick. All further pleadings/papers should now list the following COMPLETE case number: CV-16-8080-PCT-JWS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
May 4, 2016 Filing 5 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
April 29, 2016 Filing 4 Summons Issued as to Smith & Nephew Incorporated. (EJA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
April 28, 2016 Filing 3 Filing fee paid, receipt number 0970-12905412. This case has been assigned to the Honorable David K Duncan. All future pleadings or documents should bear the correct case number: CV-16-08080-PHX-DKD. Magistrate Election form attached. (Attachments: #1 instructions)(EJA)
April 28, 2016 Filing 2 SUMMONS Submitted by Lori Spellman.(submitted by Stephen Leshner) (EJA)
April 28, 2016 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-12905412 filed by Lori Spellman.(submitted by Stephen Leshner) (Attachments: #1 Civil Cover Sheet)(EJA)

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Plaintiff: Lori Spellman
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Defendant: Smith & Nephew Incorporated
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