Mellace v. Arthrex, Inc. et al
| Brian Mellace |
| Arthrex, Inc., DePuy Mitek, Inc., Johnson & Johnson, International and DePuy Synthes Products, Inc. |
| Dr. Joseph E. Chase |
| M. Page Kelley, Judge Jennifer C. Boal and Judge Donald L. Cabell |
| 1:2021cv10672 |
| April 22, 2021 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| William G Young |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on April 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 Electronic REPORT of Alternative Dispute Resolution Provider: Case settled prior to ADR.(Russo, Noreen) |
| Filing 51 ELECTRONIC NOTICE Canceling Hearing. 5/19/22 ADR Canceled. (Russo, Noreen) |
| Filing 50 STIPULATION of Dismissal by DePuy Mitek, Inc., DePuy Synthes Products, Inc., Johnson & Johnson, International. (Bhakhri, Ritika) |
| Filing 49 NOTICE of Change of Firm Affiliation, Address of Counsel and Notice of Appearance by Edward Hinchey and Tanya Oldenhoff counsel for Third-Party Defendants, Joseph Chase, M.D. and Joseph E. Chase, M.D. Orthopedics, LLC. (Pezzarossi, Lisa) |
| Filing 48 Magistrate Judge Donald L. Cabell: ORDER entered. NOTICE of and ORDER Regarding Mediation.Mediation set for 5/19/22 at 10:00 AM before Magistrate Judge Donald L. Cabell.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Attached is the Court's mediation order. The parties should review the order for full details before May 5, 2022. The parties shall exchange settlement proposals by May 5, 2022. Confidential mediation statements (in the manner specified in the Court's mediation order) shall be filed by no later than May 10, 2022. (Russo, Noreen) |
| Filing 47 STIPULATION of Dismissal of Amended Third-Party Complaint by Arthrex, Inc.. (Kenneally, Kevin) |
| Filing 46 Notice of assignment to ADR Provider. Judge Donald L. Cabell appointed. Judge Boal is no longer assigned to the case.(McLaughlin, Tracy) |
| Filing 45 ELECTRONIC NOTICE Canceling Hearing. Telephone Conference and ADR Hearing are canceled. (Vieira, Leonardo) |
| Filing 44 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed. Judge M. Page Kelley is no longer assigned to the case.(McLaughlin, Tracy) |
| Filing 43 ELECTRONIC NOTICE of Hearing: Alternative Dispute Resolution Hearing set for 5/2/2022 09:30 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. Pre-mediation Conference set for 4/28/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to leonardo_vieira@mad.uscourts.gov no later than 4/25/2022. The mediation memorandum should be marked "Confidential - Not for Docketing." It is not required, but the mediation memorandum may be served on the opposing party in the filing party's discretion. Counsel are directed to be present at the mediation with their respective clients or representatives of their clients who have authority to negotiate and commit to settlement terms that, in their discretion, may be acceptable. The parties are bound by the following terms: (a) all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) the entire mediation process, including any memoranda exchanged, if any, and all communications during any in-person, video or audio part of the mediation, is confidential, (c) all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) no party, participant, or representative shall seek in any proceeding to compel the mediator to testify and/or produce any document with respect to the mediation, and (e) all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. 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.(Vieira, Leonardo) Modified on 11/17/2021 to fix docket text (Vieira, Leonardo). |
| Filing 42 Notice of assignment to ADR Provider. Judge M. Page Kelley appointed. Mediation to be held in May 2022.(McLaughlin, Tracy) |
| Filing 41 Judge William G. Young: ELECTRONIC ORDER entered; ORDER REFERRING CASE to Alternative Dispute Resolution to be held during the month of May 2022.(Gaudet, Jennifer) |
| Filing 40 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Scheduling Conference held on 10/28/2021. The Court explains the requirements of the session. The parties do not want to proceed before a magistrate judge. The case is to go to ADR during the month of May 2022 and is placed on this Court's running trial list for November 2022. A final pretrial to be held in October 2022. A joint pretrial memorandum is due on or before October 1, 2022. Any motions for summary judgment shall be filed atleast three months prior to the trial month. (Court Reporter: No Court Reporter Used.) (Gaudet, Jennifer) |
| Filing 39 Disclosure pursuant to Rule 26 by Brian Mellace.(Bruno, Melissa) |
| Filing 38 Disclosure pursuant to Rule 26 by Joseph E. Chase.(Hinchey, Edward) |
| Filing 37 NOTICE of Appearance by William C Kneeshaw on behalf of Brian Mellace (Kneeshaw, William) |
| Filing 36 CERTIFICATION pursuant to Local Rule 16.1 By Defendant/Third-Party Plaintiff Arthrex, Inc.. (Gildea, William) |
| Filing 35 CERTIFICATION pursuant to Local Rule 16.1 (d)(3) of Plaintiff. (Bruno, Melissa) |
| Filing 34 CERTIFICATION pursuant to Local Rule 16.1 . (Hinchey, Edward) |
| Filing 33 CERTIFICATION pursuant to Local Rule 16.1 . (Ferrera, David) |
| Filing 32 Joint JOINT STATEMENT re scheduling conference . (Bruno, Melissa) |
| Filing 31 NOTICE of Appearance by Edward T. Hinchey on behalf of Joseph E. Chase (Hinchey, Edward) |
| Filing 30 NOTICE of Scheduling Conference. Scheduling Conference set for 10/28/2021 at 3:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) |
| Filing 29 ELECTRONIC NOTICE of Reassignment. Judge William G. Young added. Judge Allison D. Burroughs no longer assigned to case. (Finn, Mary) |
| Filing 28 Judge Allison D. Burroughs: ORDER entered. ORDER OF RECUSAL.(McManus, Caetlin) |
| Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 9/30/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) |
| Filing 26 ELECTRONIC NOTICE of Case RE-Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 25 Refusal to Consent to Proceed Before a US Magistrate Judge. Plaintiff through Counsel. (Bruno, Melissa) |
| Filing 24 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson, International. (Bhakhri, Ritika) |
| Filing 22 ANSWER to #1 Complaint, with Jury Demand by Johnson & Johnson, International.(Bhakhri, Ritika) |
| Filing 21 NOTICE of Appearance by Tanya K. Oldenhoff on behalf of Joseph E. Chase (Oldenhoff, Tanya) |
| Filing 20 ANSWER to Third Party Complaint of Third-Party Plaintiff Arthrex, Inc. by Joseph E. Chase.(Oldenhoff, Tanya) |
| Filing 19 Amended THIRD PARTY COMPLAINT with Jury Claim against Joseph E. Chase, filed by Arthrex, Inc.. (Attachments: #1 Exhibit A, #2 Third-Party Summons)(Kenneally, Kevin) |
| Filing 18 SUMMONS Returned Executed Arthrex, Inc. served on 5/27/2021, answer due 6/17/2021. (Bruno, Melissa) |
| Filing 17 SUMMONS Returned Executed DePuy Mitek, Inc. served on 5/18/2021, answer due 6/8/2021. (Bruno, Melissa) |
| Filing 16 SUMMONS Returned Executed DePuy Synthes Products, Inc. served on 5/18/2021, answer due 6/8/2021. (Bruno, Melissa) |
| Filing 15 SUMMONS Returned Executed DePuy Mitek, Inc. served on 5/18/2021, answer due 6/8/2021. (Bruno, Melissa) Modified on 7/16/2021 to adjust party served (Currie, Haley). |
| Filing 14 Summons Issued as to Joseph E. Chase. 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. (York, Steve) |
| Filing 13 THIRD PARTY COMPLAINT with Jury Claim against Joseph E. Chase, filed by Arthrex, Inc.. (Attachments: #1 Exhibit A, #2 Third-Party Summons)(Kenneally, Kevin) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by DePuy Synthes Products, Inc.. (Bhakhri, Ritika) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by DePuy Mitek, Inc.. (Bhakhri, Ritika) |
| Filing 10 NOTICE of Appearance by Kevin G. Kenneally on behalf of Arthrex, Inc. (Kenneally, Kevin) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand by Arthrex, Inc..(Gildea, William) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Arthrex, Inc.. (Gildea, William) |
| Filing 7 NOTICE of Appearance by William E. Gildea on behalf of Arthrex, Inc. (Gildea, William) |
| Filing 6 NOTICE of Appearance by David L. Ferrera on behalf of DePuy Mitek, Inc., DePuy Synthes Products, Inc. (Ferrera, David) |
| Filing 5 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (York, Steve) |
| Filing 4 ANSWER to #1 Complaint, with Jury Demand by DePuy Mitek, Inc., DePuy Synthes Products, Inc..(Bhakhri, Ritika) |
| Filing 3 Summons Issued as to All Defendants. 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. (Vieira, Leonardo) |
| Filing 2 NOTICE of Case Assignment. Magistrate Judge Jennifer C. Boal assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8740556 (Fee Status: Filing Fee paid), filed by Brian Mellace. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Bruno, Melissa) Modified on 4/22/2021 to fix docket text (Vieira, Leonardo). |
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