Tubin v. Depuy Synthes Sales, Inc., et al

Plaintiff: Howard Ronald Tubin
Defendant: 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.
Case Number: 2:2020cv02347
Filed: December 29, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Daniel J Albregts
Referring Judge: Andrew P Gordon
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2021 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)
November 30, 2021 Filing 58 STIPULATION and Order for Dismissal with Prejudice by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified on 12/1/2021 (EDS).
September 9, 2021 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)
September 8, 2021 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)
July 28, 2021 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)
July 26, 2021 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).
May 26, 2021 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)
May 25, 2021 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)
March 29, 2021 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)
March 29, 2021 Filing 50 STIPULATION of Dismissal re #4 Amended Complaint by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay) Modified event on 3/29/2021 (MMM).
March 29, 2021 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).
March 26, 2021 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).
March 25, 2021 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)
March 25, 2021 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)
March 24, 2021 Filing 45 Proposed Stipulated Discovery Plan and Scheduling Order by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 12, 2021 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)
March 11, 2021 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)
March 11, 2021 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)
March 11, 2021 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)
March 11, 2021 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)
February 26, 2021 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)
February 25, 2021 Filing 35 STIPULATION FOR EXTENSION OF TIME (Second Request) to Respond re #4 Amended Complaint by Defendant AAP Implants, Inc.. (Swanis, Eric)
February 23, 2021 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)
February 22, 2021 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).
February 16, 2021 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)
February 12, 2021 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)
February 12, 2021 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.
February 12, 2021 Filing 29 MOTION to Substitute Attorney Jay J. Schuttert in for Attorney Vaughn A. Crawford by Defendant HowMedica Osteonics Corporation. (Schuttert, Jay)
February 2, 2021 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)
January 29, 2021 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)
January 28, 2021 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).
January 27, 2021 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)
January 26, 2021 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).
January 26, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 25, 2021 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)
January 22, 2021 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)
January 13, 2021 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)
January 4, 2021 Filing 12 Summons Issued as to All Defendants. (JM)
December 31, 2020 Filing 11 PROPOSED SUMMONS to be issued [Stryker Corporation] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 10 PROPOSED SUMMONS to be issued [Howmedica Osteonics Corp dba Stryker Orthopaedics] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 9 PROPOSED SUMMONS to be issued [Depuy Synthes, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 8 PROPOSED SUMMONS to be issued [Depuy Synthes Sales, Inc dba Depuy Synthes Joint Reconstruction] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 7 PROPOSED SUMMONS to be issued [Depuy Orthopaedics, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 6 PROPOSED SUMMONS to be issued [AAP Implants, Inc] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 5 PROPOSED SUMMONS to be issued [Johnson & Johnson, Inc.] by Plaintiff Howard Ronald Tubin. (Cullen, Lindsay)
December 31, 2020 Filing 4 First AMENDED COMPLAINT with Jury Demand against All Defendants by Howard Ronald Tubin. No changes to parties. (Cullen, Lindsay)
December 29, 2020 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)
December 29, 2020 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)
December 29, 2020 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.
December 29, 2020 Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Daniel J. Albregts. (JM)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Nevada District Court's Electronic Court Filings (ECF) System

Search for this case: Tubin v. Depuy Synthes Sales, Inc., et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: AAP Implants, Inc.
Represented By: Eric W. Swanis
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Stryker Corporation
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DePuy Orthopaedics, Inc.
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Johnson & Johnson
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Depuy Synthes Sales, Inc. doing business as Depuy Synthes Joint Reconstruction
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: HowMedica Osteonics Corporation doing business as Stryker Orthopaedics
Represented By: Justin S Hepworth
Represented By: Jay Joseph Schuttert
Represented By: Dawn L. Davis
Represented By: Ryan S. Killian
Represented By: Benjamin Walther
Represented By: Nicholas Deutsch
Represented By: Matthew Bernstein
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DePuy Synthes Inc.
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Howard Ronald Tubin
Represented By: Lindsay K Cullen
Represented By: Brett A Carter
Represented By: Paul Cullen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?