Tubin v. Depuy Synthes Sales, Inc., et al
| Howard Ronald Tubin |
| AAP Implants, Inc., Stryker Corporation, DePuy Orthopaedics, Inc., Johnson & Johnson, Depuy Synthes Sales, Inc. doing business as Depuy Synthes Joint Reconstruction, HowMedica Osteonics Corporation doing business as Stryker Orthopaedics and DePuy Synthes Inc. |
| 2:2020cv02347 |
| December 29, 2020 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Andrew P Gordon |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 59
ORDER Granting #58 Stipulation of Dismissal with prejudice. Signed by Judge Andrew P. Gordon on 12/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 58
STIPULATION and Order for Dismissal with Prejudice by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified on 12/1/2021 (EDS).
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Filing 57
ORDER Granting #56 Joint Motion to Extend Time (Sixth Request) re #4 Amended Complaint, #55 Order on Stipulation. IT IS SO ORDERED that settlement documents are due by 11/8/2021. Signed by Magistrate Judge Daniel J. Albregts on 9/9/2021. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 56 Joint MOTION to Extend Time (Sixth or more Request) to Respond to re #4 Amended Complaint, #55 Order on Stipulation,,, by Plaintiff Howard Ronald Tubin. (Cullen, Paul) |
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Filing 55
ORDER Granting #54 Stipulated Motion to Extend Time to Respond to Complaint (Fifth Request) re #4 Amended Complaint. DePuy Orthopaedics, Inc., DePuy Synthes Inc., Depuy Synthes Sales, Inc. answer due 9/8/2021. Signed by Magistrate Judge Daniel J. Albregts on 7/28/2021. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 54 STIPULATION (Fifth Request) to Extend Time to Respond to #4 Amended Complaint by Plaintiff Howard Ronald Tubin. (Cullen, Paul) Modified on 7/28/2021 (EDS). |
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Filing 53
ORDER granting #52 Motion to Extend Time Re: #4 Amended Complaint. DePuy Defendants answers are due 7/25/2021. Signed by Magistrate Judge Daniel J. Albregts on 5/26/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 52 Joint MOTION to Extend Time (Fourth Request) to Respond to Complaint re #49 Order on Motion to Extend/Shorten Time, #1 Complaint, by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
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Filing 51
ORDER Granting #50 Stipulation of Dismissal without Prejudice as to AAP Implants, Inc. Signed by Judge Andrew P. Gordon on 3/29/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 50 STIPULATION of Dismissal re #4 Amended Complaint by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified event on 3/29/2021 (MMM). |
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Filing 49
ORDER Granting #48 Motion to Extend Time. DePuy Defendants answer due 5/25/2021. Signed by Magistrate Judge Daniel J. Albregts on 3/29/2021. (Copies have been distributed pursuant to the NEF - JQC) Modified on 3/29/2021 (JQC).
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| Filing 48 Joint MOTION to Extend Time (Third Request) re #4 Amended Complaint by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified event on 3/26/2021 and corrected docket entry relationship (MMM). |
| Filing 47 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (DRS) |
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Filing 46
SCHEDULING ORDER granting #45 Discovery Plan and Scheduling Order. Discovery due by 3/17/2022. Motions due by 4/16/2022. Proposed Joint Pretrial Order due by 5/17/2022. Signed by Magistrate Judge Daniel J. Albregts on 3/25/2021.(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 45 Proposed Stipulated Discovery Plan and Scheduling Order by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
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Filing 44
ORDER granting #40 Verified Petition for Permission to Practice Pro Hac Vice by Benjamin Walther and DESIGNATION of Local Counsel Jay J. Schuttert. Signed by Judge Andrew P. Gordon on 3/12/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 43
ORDER granting #39 Verified Petition for Permission to Practice Pro Hac Vice by Ryan Killian and DESIGNATION of Local Counsel Jay J. Schuttert. Signed by Judge Andrew P. Gordon on 3/12/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 42
ORDER granting #38 Verified Petition for Permission to Practice Pro Hac Vice by Nicholas Deutsch and DESIGNATION of Local Counsel Jay J. Schuttert. Signed by Judge Andrew P. Gordon on 3/12/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 41
ORDER granting #37 Verified Petition for Permission to Practice Pro Hac Vice by Matthew Bernstein and DESIGNATION of Local Counsel Jay J. Schuttert. Signed by Judge Andrew P. Gordon on 3/12/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - HAM)
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| Filing 40 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Benjamin Walther and DESIGNATION of Local Counsel Jay J. Schuttert (Filing fee $ 250 receipt number 0978-6401957) by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
| Filing 39 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ryan Killian and DESIGNATION of Local Counsel Jay J. Schuttert (Filing fee $ 250 receipt number 0978-6401954) by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
| Filing 38 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nicholas Deutsch and DESIGNATION of Local Counsel Jay J. Schuttert (Filing fee $ 250 receipt number 0978-6401951) by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
| Filing 37 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Matthew Bernstein and DESIGNATION of Local Counsel Jay J. Schuttert (Filing fee $ 250 receipt number 0978-6401934) by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
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Filing 36
ORDER Granting #35 Stipulation for Extension of Time re #4 Amended Complaint (Second Request). AAP Implants, Inc. answer due 3/29/2021. Signed by Magistrate Judge Daniel J. Albregts on 2/26/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 35 STIPULATION FOR EXTENSION OF TIME (Second Request) to Respond re #4 Amended Complaint by Defendant AAP Implants, Inc.. (Swanis, Eric) |
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Filing 34
ORDER granting #33 Motion to Extend Time to Respond to #4 Amended Complaint. DePuy Orthopaedics, Inc., DePuy Synthes Inc., Depuy Synthes Sales, Inc., and Johnson & Johnson answer due 3/26/2021. Signed by Magistrate Judge Daniel J. Albregts on 2/23/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 33 Joint MOTION to Extend Time (Second Request) re #4 Amended Complaint, by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified event on 2/23/2021 and removed incorrect document links (MMM). |
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Filing 32
ORDER granting #29 Motion to Substitute Attorneys. Vaughn A. Crawford and Dawn L. Davis terminated. Signed by Magistrate Judge Daniel J. Albregts on 2/16/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 31 CERTIFICATE of Interested Parties by HowMedica Osteonics Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent Stryker Corporation for HowMedica Osteonics Corporation added. (Schuttert, Jay) |
| Filing 30 ANSWER to #4 Amended Complaint with Jury Demand filed by HowMedica Osteonics Corporation. Discovery Plan/Scheduling Order due by 3/29/2021.(Schuttert, Jay) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 29 MOTION to Substitute Attorney Jay J. Schuttert in for Attorney Vaughn A. Crawford by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay) |
| Filing 28 NOTICE of Appearance by attorney Robert R. McCoy on behalf of Defendants DePuy Orthopaedics, Inc., DePuy Synthes Inc., Depuy Synthes Sales, Inc., Johnson & Johnson. and by attorney Sihomara L. Graves (McCoy, Robert) |
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Filing 27
ORDER granting #26 Stipulation to Extend Deadline to Answer #4 Amended Complaint. HowMedica Osteonics Corporation answer due 2/12/2021. Signed by Magistrate Judge Daniel J. Albregts on 1/29/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 26 STIPULATION FOR EXTENSION OF TIME (First Request) re #4 Amended Complaint #1 Complaint by Defendant HowMedica Osteonics Corporation. (Davis, Dawn) Modified on 1/29/2021 to add document link (MMM). Modified on 2/1/2021 to reflect correct document link (MMM). |
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Filing 25
ORDER granting #24 Stipulation to Extend Time to Respond to #1 Complaint. AAP Implants, Inc. answer due 2/25/2021. Signed by Magistrate Judge Daniel J. Albregts on 1/27/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 24 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint by Defendant AAP Implants, Inc.. (Swanis, Eric) Modified text on 1/27/2021 and added document link (MMM). |
| Filing 23 SUMMONS Returned Executed by Howard Ronald Tubin re #11 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint. Stryker Corporation served on 1/6/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 22 SUMMONS Returned Executed by Howard Ronald Tubin re #7 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint. DePuy Orthopaedics, Inc. served on 1/5/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 21 SUMMONS Returned Executed by Howard Ronald Tubin re #9 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint. DePuy Synthes Inc. served on 1/5/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 20 SUMMONS Returned Executed by Howard Ronald Tubin re #12 Summons Issued, #4 Amended Complaint, #6 Proposed Summons to be issued. AAP Implants, Inc. served on 1/5/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
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Filing 19
ORDER granting #15 Stipulation dismissing Stryker Corporation without prejudice. Signed by Judge Andrew P. Gordon on 1/25/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 18 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 1/25/2021. ORDER granting #14 Motion to Extend Time. The Court finds good cause to GRANT the parties' Stipulated Motion to Extend Time to Respond to Complaint. IT IS HEREBY ORDERED that Defendants DePuy Orthopaedics, Inc., DePuy Synthes Inc., Depuy Synthes Sales, Inc. and Johnson & Johnson shall have until February 24, 2021 to file their responsive pleading. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 17 SUMMONS Returned Executed by Howard Ronald Tubin re #5 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint. Johnson & Johnson served on 1/15/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 16 SUMMONS Returned Executed by Howard Ronald Tubin re #12 Summons Issued, #4 Amended Complaint, #10 Proposed Summons to be issued. HowMedica Osteonics Corporation served on 1/8/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 15 First STIPULATION and [Proposed] Order to Dismiss Defendant Stryker Corporation, Only, Without Prejudice re #4 Amended Complaint, #11 Proposed Summons to be issued, #1 Complaint, by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 14 First MOTION to Extend Time (First Request) [Stipulated] [to Respond to Complaint] re #8 Proposed Summons to be issued, #13 Summons Returned Executed, #7 Proposed Summons to be issued, #9 Proposed Summons to be issued, #5 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 13 SUMMONS Returned Executed by Howard Ronald Tubin re #8 Proposed Summons to be issued, #12 Summons Issued, #4 Amended Complaint. Depuy Synthes Sales, Inc. served on 1/4/2021. (Attachments: #1 Summons Summons) (Cullen, Lindsay) |
| Filing 12 Summons Issued as to All Defendants. (JM) |
| Filing 11 PROPOSED SUMMONS to be issued [Stryker Corporation] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 10 PROPOSED SUMMONS to be issued [Howmedica Osteonics Corp dba Stryker Orthopaedics] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 9 PROPOSED SUMMONS to be issued [Depuy Synthes, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 8 PROPOSED SUMMONS to be issued [Depuy Synthes Sales, Inc dba Depuy Synthes Joint Reconstruction] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 7 PROPOSED SUMMONS to be issued [Depuy Orthopaedics, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 6 PROPOSED SUMMONS to be issued [AAP Implants, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 5 PROPOSED SUMMONS to be issued [Johnson & Johnson, Inc.] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) |
| Filing 4 First AMENDED COMPLAINT with Jury Demand against All Defendants by Howard Ronald Tubin. No changes to parties. (Cullen, Lindsay) |
| Filing 3 CERTIFICATE of Interested Parties by Howard Ronald Tubin. There are no known interested parties other than those participating in the case (Cullen, Lindsay) |
| Filing 2 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6309881) by Howard Ronald Tubin. Proof of service due by 3/29/2021. (Attachments: #1 Civil Cover Sheet) (Cullen, Lindsay) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. (JM) |
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