Surber et al v. Smith & Nephew, Inc.
Plaintiff: Gina Surber and Merle Malakoff
Defendant: Smith & Nephew Inc, Smith & Nephew Orthopaedics Ltd. and Peter Callandar
Case Number: 1:2021cv02637
Filed: October 14, 2021
Court: US District Court for the District of Maryland
Presiding Judge: Catherine C Blake
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Filing 17 RESPONSE to Motion re (2762 in 1:17-md-02775-CCB) MOTION for Summary Judgment regarding All Male Plaintiffs Implanted with BHR Devices with Large Femoral Head Sizes Plaintiffs' Position Statement on Male Patients With Non-Recalled Femoral Heads filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert)
October 15, 2021 Filing 16 Correspondence from Clerk to Counsel re: MDL Transfer. (c/em) (hmls, Deputy Clerk)
October 15, 2021 Filing 15 Case transferred in from District of California Northern; Case Number 4:21-cv-07621. Original file certified copy of transfer order and docket sheet received.
October 14, 2021 Opinion or Order Filing 14 ORDER TRANSFERRING CASE to the District of Maryland. Signed by Judge MDL Panel on October 14, 2021. (cjlS, COURT STAFF) (Filed on 10/14/2021)
October 14, 2021 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 10/14/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 10/14/2021)
October 13, 2021 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 10/13/2021)
October 13, 2021 #Electronic filing error. Incorrect event used. [err101] The proper event can be found under: Other documents > Consent Declination to Proceed Before a Magistrate Judge. No re -filing is necessary Re: #11 Other Miscellaneous Matter - Consent Declination filed by Merle Malakoff, Gina Surber.No filing fee is necessary for this event. Please file a Request for Refund for the $49.00 filing fee. (cjlS, COURT STAFF) (Filed on 10/13/2021)
October 12, 2021 Filing 11 MISCELLANEOUS MATTER: Consent or Declination to Magistrate Judge Jx ( Filing fee $ 49, receipt number 0971-16488120.). Filed by Merle Malakoff, Gina Surber. (Irish, Megan) (Filed on 10/12/2021)
October 7, 2021 Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/14/2021. (wft, COURT STAFF) (Filed on 10/7/2021)
October 6, 2021 Filing 9 MOTION to Stay Pending Transfer to MDL filed by Smith & Nephew, Inc.. Motion Hearing set for 11/18/2021 11:00 AM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. Responses due by 10/20/2021. Replies due by 10/27/2021. (Attachments: #1 Proposed Order)(Shaw, John) (Filed on 10/6/2021)
October 5, 2021 Filing 8 Notice of Standing Order for Cases Assigned to Magistrate Judge Westmore by Smith & Nephew, Inc. (Shaw, John) (Filed on 10/5/2021) Modified on 10/6/2021 (cjlS, COURT STAFF).
October 1, 2021 Filing 7 Certificate of Interested Entities by Smith & Nephew, Inc. identifying Corporate Parent Smith & Nephew, Inc., Other Affiliate Smith & Nephew Orthopedics, Ltd for Smith & Nephew, Inc.. (Shaw, John) (Filed on 10/1/2021)
October 1, 2021 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/4/2022. Initial Case Management Conference set for 1/11/2022 01:30 PM in Oakland, - To be determined. (cjlS, COURT STAFF) (Filed on 10/1/2021)
October 1, 2021 Filing 5 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/15/2021. (anjS, COURT STAFF) (Filed on 10/1/2021)
October 1, 2021 #1 Answer to Removal Complaint by Smith & Nephew, Inc. (cjlS, COURT STAFF) (Filed on 10/1/2021)
October 1, 2021 #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents . Re: #3 Certificate of Interested Entities filed by Smith & Nephew, Inc. (cjlS, COURT STAFF) (Filed on 10/1/2021)
September 30, 2021 Filing 4 Amended Civil Cover Sheet by Smith & Nephew, Inc. (Shaw, John) (Filed on 9/30/2021) Modified on 10/1/2021 (cjlS, COURT STAFF).
September 29, 2021 Filing 3 Corporate Disclosure Statement by Smith & Nephew, Inc. re #1 Notice of Removal,, (Shaw, John) (Filed on 9/29/2021)
September 29, 2021 Filing 2 Certificate of Interested Entities by Smith & Nephew, Inc. re #1 Notice of Removal,, (Shaw, John) (Filed on 9/29/2021)
September 29, 2021 Filing 1 NOTICE OF REMOVAL (with jury demand by both) from San Francisco Superior Court. Their case number is CGC-20-587927. (Filing fee $402 receipt number 0971-16443403). Filed by Smith & Nephew, Inc. (Attachments: #1 Declaration of J. Shaw ISO Removal, #2 Exhibit A to Dec of J. Shaw, #3 Exhibit B to Dec of J. Shaw, #4 Exhibit C to Dec of J. Shaw, #5 Exhibit D to Dec of J. Shaw, #6 Exhibit E to Dec of J. Shaw, #7 Exhibit F to Dec of J. Shaw, #8 Exhibit G to Dec of J. Shaw, #9 Exhibit H to Dec of J. Shaw, #10 Civil Cover Sheet)(Shaw, John) (Filed on 9/29/2021) Modified on 10/1/2021 (cjlS, COURT STAFF).
September 29, 2021 #Electronic filing error. Nature of Suit not selected on Civil Cover Sheet, please correct and file only an Amended Civil Cover Sheet. Re: #1 Notice of Removal,, filed by Smit h & Nephew, Inc. (anjS, COURT STAFF) (Filed on 9/29/2021)

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Plaintiff: Gina Surber
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Plaintiff: Merle Malakoff
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Defendant: Smith & Nephew Inc
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Defendant: Smith & Nephew Orthopaedics Ltd.
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Defendant: Peter Callandar
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