Lakeland Regional Health Systems, Inc. v. Howmedica Osteonics Corp. et al
Lakeland Regional Health Systems, Inc. |
Stryker Corporation, Howmedica Osteonics Corp and Howmedica Osteonics Corp a New Jersey Corporation doing business as STRYKER ORTHOPAEDICS |
1:2019cv11268 |
June 7, 2019 |
US District Court for the District of Massachusetts |
Indira Talwani |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.
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Filing 51 ELECTRONIC NOTICE Resetting Hearing: Case Management Conference set for September 28, 2021 is RESET to November 15, 2021 04:00 PM in Remote Proceeding : Boston before Judge Indira Talwani.Counsel of record: To gain access to the hearing, please register at the following address: #https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court.Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 50 Judge Indira Talwani: ELECTRONIC ORDER continuing Case Management Conference. The Case Management Conference previously scheduled for May 26, 2021, is continued to June 22, 2021, at 4:00 p.m. In light of the rescheduling, the proposed amended scheduling order, previously due by May 19, 2021, shall be filed by June 15, 2021. The stay of discovery is extended through June 22, 2021. The court anticipates lifting the stay and issuing an amended scheduling order following the June 22, 2021 Case Management Conference.Associated Cases: 1:17-md-02768-IT et al.(MacDonald, Gail) |
Filing 49 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 48 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Case Management Conference held on 3/24/2021. Case called. Court had colloquy with counsel re: Proposed Agenda 1436 ; Status of Compliance with Case Management Order Nos. 6 and 8, including Suggestions of Death and Motions to Withdraw. Counsel are directed to file any overdue motions to substitute or motions to withdraw within 30 days of today's date. Going forward, a conference will be held on any motion to w/draw as counsel once a written response from defendant is filed; conf. to include client, attorney, and leadership counsel. Counsel shall confer and file a new proposed scheduling order and shall include a proposal for the bellwether case selection process; proposed schedule due 5/19/21. The next Case Management Conference will be held remotely on 5/26/21 at 2:15 p.m. The Conference will be conducted by video. Counsel of record: To gain access to the hearing, please register at the following address: #https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.govor contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Peter J. Flowers; Walter Kelley; Ashleigh Raso; Ellen Relkin; C. Calvin Warriner, III; Michael J. Blakely, Jr.; Dawn Curry, Kim M. Catullo, Stephanie McGraw) Associated Cases: 1:17-md-02768-IT et al.(MacDonald, Gail) Modified on 3/24/2021: Corrected formatting code (Kelly, Danielle). Modified on 3/25/2021: Corrected docket text (Kelly, Danielle). |
Filing 47 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 46 Judge Indira Talwani: ELECTRONIC ORDER: Case Management Conference set for February 24, 2021 is RESET to March 24, 2021 at 11:00 a.m. by videoconference.Counsel of record: To gain access to the hearing, please register at the following address: #https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court.Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 45 Judge Indira Talwani: ORDER entered. CASE MANAGEMENT ORDER NO. 9. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 44 Judge Indira Talwani: ORDER entered. CASE MANAGEMENT ORDER NO. 8. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 43 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 42 Judge Indira Talwani: ELECTRONIC ORDER: Setting a Case Management Conference for February 24, 2021 at 11:00 a.m. by videoconference. Counsel of record: To gain access to the hearing, please register at the following address: #https://forms.mad.uscourts.gov/courtlist.html. (Counsel shall select "Public" as 'Sign-up Type'. Counsel shall enter Display Name and telephone number, for video access.)This hearing will be conducted by video conference. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or denial of entry to future hearings, and such other sanctions, including for contempt of court, as may be deemed appropriate or necessary by the court. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 41 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 40 Judge Indira Talwani: ORDER entered. CASE MANAGEMENT ORDER NO. 7 . Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 39 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 38 Judge Indira Talwani: ORDER entered. MEMORANDUM AND ORDER. Plaintiff's Motion to Lift the Stay Order, and Amended Motion to Remand [#25] is DENIED. See Attached. Associated Cases: 1:17-md-02768-IT, 1:19-cv-11268-IT. (Kelly, Danielle) |
Filing 37 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al. (Kelly, Danielle) |
Filing 36 Judge Indira Talwani: ORDER entered. ORDER EXTENDING DISCOVERY STAY. Associated Cases: 1:17-md-02768-IT et al.(Kelly, Danielle) |
Filing 35 Judge Indira Talwani: ELECTRONIC ORDER entered: ALLOWING Motion for Leave to File a Response to Plaintiffs' January 30, 2020 Submission Related to Order to Show Cause and in Reply to Opposition to Motion to Dismiss ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. Associated Cases: 1:17-md-02768-IT et al.(Kelly, Danielle) |
Filing 34 Judge Indira Talwani: ORDER entered. ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW GENE WILLIAMS AS AN ATTORNEY. Associated Cases: 1:17-md-02768-IT et al.(Kelly, Danielle) |
Filing 33 Judge Indira Talwani: ORDER entered. CASE MANAGEMENT ORDER No. 6 (Attachments: #1 Exhibit 1, #2 Exhibit 2) Associated Cases: 1:17-md-02768-IT et al.(DaSilva, Carolina) |
Filing 32 NOTICE of Withdrawal of Appearance by Nicholas Giovanni Bush as Co-Counsel of Record (Bush, Nicholas) |
Filing 31 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Lakeland Regional Health Systems, Inc. re #28 Complaint, and Executed Summons. (Bush, Nicholas) |
Filing 30 Summons Issued as to Howmedica Osteonics Corp. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (DaSilva, Carolina) |
Filing 29 Opposition re #25 Amended MOTION to Remand to State Court , #15 filed by Howmedica Osteonics Corp, Stryker Corporation. (Tedder, Gay) |
Filing 28 COMPLAINT against Howmedica Osteonics Corp (Fee Status: Paid in a member case) Short form complaint is filed as related to MDL: 2768 and the member case number is 1:19-cv-11268-IT, filed by Lakeland Regional Health Systems, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Category Form for New Civil Cases)(Sponsler, Warren) |
Filing 27 Judge Indira Talwani: ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE. (Kinsella, Devan) |
Filing 26 MEMORANDUM in Support re #25 Amended MOTION to Remand to State Court filed by Lakeland Regional Health Systems, Inc.. (Sponsler, Warren) |
Filing 25 Amended MOTION to Remand to State Court by Lakeland Regional Health Systems, Inc..(Sponsler, Warren) |
Filing 24 ANSWER to #23 Master Long Form Complaint by Howmedica Osteonics Corp.(DaSilva, Carolina) |
Filing 23 MASTER LONG FORM COMPLAINT against Howmedica Osteonics Corp.(DaSilva, Carolina) |
Filing 22 Judge Indira Talwani: ORDER entered. MDL Orders No. 1-13, (Attachments: #1 Case Management Orders No. 1-5, #2 Protective Order, #3 ESI Order, #4 Fact Sheet Implementation Order, #5 Plaintiff Fact Sheet, #6 Defendant Fact Sheet, #7 Order Aiding Private Settlement)(Jones, Sherry) |
Filing 21 NOTICE TO ALL COUNSEL: Pursuant to CTO, MDL No. 2768 has been transferred from Middle District of Florida and assigned civil action number: 19-11268. Middle District of Florida case number: 19-247. In Re: Striker Orthopaedics LFIT V40 Femoral Head Products Liability Litigation (Jones, Sherry) |
Filing 20 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. (Jones, Sherry) |
Filing 19 Case transferred in from District of Florida Middle; Case Number 8:19-cv-00247. |
Filing 18 MULTIDISTRICT LITIGATION panel order transferring case to: District of Massachusetts re: MDL case number: 2768. (AG) |
Filing 17 RESPONSE in Opposition re #15 MOTION to Vacate Stay Order and MOTION to remand to State Court and Incorporated Memorandum of Law filed by Howmedica Osteonics Corp., Stryker Corporation. (McLoone, Jennifer) |
Mail addressed to Warren K. Sponsler at Rissman, Weisberg, Barrett, Hurt, Donohue & McLain, P.A., 101 E. Kennedy Blvd., Suite 1900 Tampa, FL 33602 returned as Undeliverable re: #11 Order staying case Order administratively closing case. Mail resent at Sponsler, Bishop, Koren & Hammer, P.A., 100 South Ashley Drive, Suite 2100, Tampa, FL 33602. (LD) |
Mail addressed to Warren K. Sponsler at Rissman, Weisberg, Barrett, Hurt, Donohue & McLain, P.A., 101 E. Kennedy Blvd., Suite 1900 Tampa, FL 33602 returned as Undeliverable re: #5 Notice to counsel of Local Rule, #3 Interested persons order, #2 Related case order and track 2 notice. Mail resent at Sponsler, Bishop, Koren & Hammer, P.A., 100 South Ashley Drive, Suite 2100, Tampa, FL 33602. (LD) |
Filing 16 NOTICE by Lakeland Regional Health Systems, Inc. of Filing Motion to Vacate CTO-44 (Attachments: #1 Exhibit)(Bush, Nicholas) |
Filing 15 MOTION to Vacate Stay Order and, MOTION to remand to State Court and Incorporated Memorandum of Law by Lakeland Regional Health Systems, Inc.. (Bush, Nicholas) |
Filing 14 NOTICE of pendency of related cases re #2 Related case order and track 2 notice per Local Rule 1.04(d) by Lakeland Regional Health Systems, Inc.. Related case(s): yes (Attachments: #1 Exhibit)(JCG) |
Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order by Lakeland Regional Health Systems, Inc. identifying Other Affiliate Giovanni Bush for Lakeland Regional Health Systems, Inc. (JCG) |
Filing 12 TERMINATED. NOTICE of Appearance by Nicholas Giovanni Bush on behalf of Lakeland Regional Health Systems, Inc.. (MLS) ***TERMINATED PURSUANT TO LOCAL RULE 1.05-COUNSEL NOTIFIED TO USE SAME ECF LOGIN AS SIGNATURE BLOCK*** Modified on 2/13/2019 (LD). |
Filing 11 ORDER DIRECTING CLERK to STAY AND ADMINISTRATIVELY CLOSE this case pending a determination by the Judicial Panel on Multidistrict Litigation as to whether this action shall be transferred to the District of Massachusetts in the Master Case 17-md-2768. Signed by Judge Mary S. Scriven on 2/12/2019. (DKC) |
Filing 10 NOTICE of Filing Opposition to Conditional Transfer Order (CTO-44) with Judicial Panel on Multidistrict Litigation by Lakeland Regional Health Systems, Inc. (Attachments: #1 Exhibit A)(LD) |
Filing 9 NOTICE of Pending Admission to the Court by Lakeland Regional Health Systems, Inc. (LD) |
Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal Unopposed Motion for Extension of Time to Respond to Complaint by Howmedica Osteonics Corp., Stryker Corporation. (McLoone, Jennifer) |
Filing 7 TERMINATED. Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal Defendants' Unopposed Motion for Extension of Time to Respond to Complaint by Howmedica Osteonics Corp., Stryker Corporation. NOTE: Incorrect event code; correct event code: Motion for Extension of Time to File an Answer, counsel notified. (McLoone, Jennifer) Modified on 2/6/2019 (LD). |
Filing 6 NOTICE to counsel of Local Rule 2.01 (signed by deputy clerk). (LD) |
Filing 5 NOTICE to counsel of Local Rule 2.01 (signed by deputy clerk). (LD) |
Filing 4 NOTICE of pendency of related cases per Local Rule 1.04(d) by Howmedica Osteonics Corp., Stryker Corporation. Related case(s): Yes (McLoone, Jennifer) |
Filing 3 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/19/2019. Signed by Judge Mary S. Scriven on 2/4/2019. (KTT) |
Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/19/2019. Signed by Judge Mary S. Scriven on 2/4/2019. (KTT) |
Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Tenth Judicial Circuit, in and for Polk County, Florida, case number 2018CA-005169 filed in State Court on 12/31/2018. Filing fee $ 400.00, receipt number TPA55108 filed by Stryker Corporation, Howmedica Osteonics Corp. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Other Documents, #4 Civil Cover Sheet).(LD) |
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