Groner et al v. Stryker Corporation et al
Plaintiff: Jack Groner and Wendy Groner
Defendant: Stryker Corporation, Howmedica Osteonics Corp a New Jersey Corporation doing business as STRYKER ORTHOPAEDICS and Stryker Sales Corporation
Case Number: 1:2023cv10009
Filed: January 3, 2023
Court: US District Court for the District of Massachusetts
Presiding Judge: Indira Talwani
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2023 Filing 18 SUMMONS Returned Executed Howmedica Osteonics Corp served on 2/1/2023, answer due 2/22/2023. (Pace, Randall) Modified on 2/2/2023: Corrected docket text (Kelly, Danielle).
February 1, 2023 Filing 17 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. (Kelly, Danielle)
January 26, 2023 Filing 16 SHORT FORM 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 23-cv-10009, filed by Jack Groner, Wendy Groner. (Kelly, Danielle)
January 24, 2023 Filing 15 NOTICE of Appearance by Randall Franklin Pace on behalf of Jack Groner (Pace, Randall)
January 3, 2023 Filing 14 ANSWER to #13 Master Long Form Complaint by Howmedica Osteonics Corp.(Kelly, Danielle)
January 3, 2023 Filing 13 MASTER LONG FORM COMPLAINT against Howmedica Osteonics Corp. (Kelly, Danielle)
January 3, 2023 Filing 12 Judge Indira Talwani: ORDER entered. MDL Order No. 1-13 (Attachments: #1 Case Management Order No. 1-11, #2 Protective Order, #3 ESI Order, #4 Fact Sheet Implementation Order, #5 Orders Aiding Private Settlement, #6 Orders Extending Discovery Stay)(Kelly, Danielle)
January 3, 2023 Filing 11 NOTICE TO ALL COUNSEL: Pursuant to CTO Number: 67, MDL No. 2768 case number 1:22-cv-06983 has been transferred from Northern District of Illinois and assigned civil action number: 1:23-cv-10009. In Re: Striker Orthopaedics LFIT V40 Femoral Head Products Liability Litigation (Danieli, Chris)
January 3, 2023 Filing 10 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. (Danieli, Chris)
January 3, 2023 Filing 9 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-06983.
December 28, 2022 Filing 8 TRANSFERRED to the The District of Massachusetts the electronic record. (jh, )
December 28, 2022 Filing 7 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to The District of Massachusetts. (jh, )
December 28, 2022 ***Civil Case Terminated pursuant to MDL 2768 Conditional Transfer Order filed 12/28/2022. (jh, )
December 19, 2022 Filing 6 ATTORNEY Appearance for Plaintiffs Jack Groner, Wendy Groner by Randall Franklin Pace (Pace, Randall)
December 19, 2022 Filing 5 AMENDED complaint by Jack Groner, Wendy Groner against All Plaintiffs (Attachments: #1 Exhibit)(Pace, Randall)
December 14, 2022 Filing 4 MINUTE entry before the Honorable John J. Tharp,Jr.: The complaint asserts diversity of citizenship as the grounds for subject matter jurisdiction but fails to properly allege diversity. The complaint alleges that the plaintiffs are residents of Illinois; however, citizenship of a State is required to establish diversity, 28 U.S.C. 1332(a)(1), and alleging residency does not suffice. See Slottke v. Wis. Dep't of Workforce Dev., 734 F. App'x 354, 355 (7th Cir. 2018) ("[W]hen the parties in a diversity suit allege residence but not citizenship, the court must dismiss the complaint."). The plaintiffs may file an amended complaint by 1/6/23 to cure the jurisdictional defect. Otherwise, the Court will dismiss this case for lack of subject matter jurisdiction. Mailed notice (air, )
December 14, 2022 SUMMONS Issued as to Defendants Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation (dxb, )
December 13, 2022 Filing 3 CIVIL Cover Sheet (Ashman, Gary)
December 13, 2022 Opinion or Order Filing 2 ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Jack Groner and Wendy Groner are directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (jk2, )
December 13, 2022 Filing 1 COMPLAINT filed by Jack Groner, Wendy Groner; Jury Demand. Filing fee $ 402, receipt number AILNDC-20133982. (Attachments: #1 Exhibit)(Ashman, Gary)
December 13, 2022 CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jk2, )
December 13, 2022 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, )

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Plaintiff: Jack Groner
Represented By: Gary David Ashman
Represented By: Randall Franklin Pace
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Plaintiff: Wendy Groner
Represented By: Gary David Ashman
Represented By: Randall Franklin Pace
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Defendant: Stryker Corporation
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Defendant: Howmedica Osteonics Corp a New Jersey Corporation doing business as STRYKER ORTHOPAEDICS
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Defendant: Stryker Sales Corporation
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