McMillon et al v. DePuy Orthopaedics Inc et al
| Deborah McMillon and Richard McMillon |
| DePuy Orthopaedics, Inc., Johnson & Johnson, Does 1 through X, Roe Corporations 1 through X, DePuy Products, Inc., Johnson & Johnson Inc. and Johnson & Johnson Services Inc |
| Special Master |
| 2:2023cv00067 |
| January 12, 2023 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Cam Ferenbach |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE OF ENTRY OF ORDER GRANTING PRESTON P. REZAEE AND RYAN ALEXANDERS MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFFS by Deborah McMillon, Richard McMillon.. (Alexander, Ryan) |
| Filing 50 NOTICE of Appearance by attorney Robert R. McCoy on behalf of Defendants DePuy Orthopaedics, Inc., DePuy Products, Inc., Johnson & Johnson Inc., Johnson & Johnson Services Inc. and Notice of Appearance by attorney Sihomara L. Graves (McCoy, Robert) |
| Filing 49 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 1/12/2023. This action was received on* 1/12/2023* pursuant to a court order directing transfer from the* Northern District of Texas* and assigned case number 2:23-cv-00067-RFB-VCF. All future documents must bear said correct case number. Verified Petition due by 1/26/2023. Joint Status Report due by 2/11/2023. (Copies have been distributed pursuant to the NEF - KF) |
| Filing 48 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware'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 - KF) |
| Filing 47 Case transferred in from District of Texas Northern; Case Number 3:13-cv-05060. Original file with transfer order and docket sheet received. |
| Filing 46 CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) [Transferred from Texas Northern on 1/12/2023.] |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Cam Ferenbach. (KF) |
| Filing 45 STATUS REPORT (defendants) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri) [Transferred from Texas Northern on 1/12/2023.] |
Filing 44
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding seven cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified seven cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) (chmb). [Transferred from Texas Northern on 1/12/2023.]
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Filing 43
ELECTRONIC ORDER denying #35 Motion to Extend Time to Comply with Scheduling Order as MOOT. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/12/2023.]
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Filing 42
ELECTRONIC ORDER: The Scheduling Order in this case is hereby VACATED. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/12/2023.]
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Filing 41
ELECTRONIC ORDER granting #30 #34 Motion to Withdraw as Counsel for Plaintiffs. Attorney Michael Scott Gardner; Eric P. Haas; Preston P Rezaee; Ryan Alexander and Grace Ann Gannon are withdrawn as Counsel for Plaintiffs. The Clerk is directed to send this order to plaintiffs at their address listed in the Motion to Withdraw #34 (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/12/2023.]
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| Filing 40 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 33, 37] and conducting a telephonic hearing on December 29, 2022 [Dkt. 39], the special master recommends the Court vacate its existing scheduling order [Dkt. 26] and transfer this case for further proceedings because it is in the early stages of discovery and would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/12/2023.] |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:41,42,43,44. Fri Dec 30 13:27:56 CST 2022 (crt) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 39 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 38 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 37 Joint STATUS REPORT Updated filed by Deborah McMillon, Richard McMillon. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 36 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 9:00 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 35 Unopposed MOTION to Extend Time to Comply with Scheduling Order filed by Deborah McMillon, Richard McMillon with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 34 Unopposed MOTION to Withdraw as Attorney by Gardner Haas PLLC and The FIrm, P.C. filed by Deborah McMillon, Richard McMillon with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order) (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 33 Joint STATUS REPORT filed by Deborah McMillon, Richard McMillon. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 32 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 31], and the Court's Scheduling Order of September 16, 2022 [Dkt. 26], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. The Motion to Withdraw [Dkt. 30] should be DENIED without prejudice to being re-urged after providing the Court with the December 9, 2022, status report. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 31 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 30 Unopposed MOTION to Withdraw as Attorney by Gardner Haas PLLC and The Firm, P.C. filed by Deborah McMillon, Richard McMillon with Brief/Memorandum in Support. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
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Filing 29
ELECTRONIC ORDER denying #28 Motion to Withdraw as Counsel. Movant may re-urge their motion after they fully comply with the Court's December 17, 2019 order, specifically "counsel for any plaintiff shall certify that a copy of any motion to withdraw and a copy of this Order were served on each plaintiff." See order No. 1067 in Case No. 3:11-MD-2244-K. (Ordered by Judge Ed Kinkeade on 10/11/2022) (chmb) [Transferred from Texas Northern on 1/12/2023.]
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| Filing 28 Unopposed MOTION to Withdraw as Attorney by Gardner Haas PLLC and the Firm, P.C. filed by Deborah McMillon, Richard McMillon with Brief/Memorandum in Support. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 27 AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Deborah McMillon, Richard McMillon. Summons(es) not requested at this time. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 25 RESPONSE filed by DePuy Orthopaedics Inc, Johnson & Johnson re: 14 Order,, (Attachments: #1 Exhibit(s) A-Declaration of Terri Bruksch, #2 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 23 Brief/Memorandum in Support filed by Deborah McMillon, Richard McMillon re #22 Response/Objection, to Defendants' Motion for Judgment on the Pleadings, or in the alternative, for Summary Judgment (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 22 RESPONSE filed by Deborah McMillon, Richard McMillon re: #15 MOTION for Judgment on the Pleadings or, in the Alternative MOTION for Summary Judgment (Attachments: #1 Proposed Order Proposed Order Denying Dispositive Motion, #2 Proposed Order Proposed Alternative Order Granting Motion for Continuance) (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 20 Brief/Memorandum in Support filed by Deborah McMillon, Richard McMillon re #19 Response/Objection to Order to Show Cause (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 19 RESPONSE filed by Deborah McMillon, Richard McMillon re: 14 Order,, (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
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Filing 18
ELECTRONIC ORDER: Before the Court are Defendants' Motion and Brief in Support of Judgment on the Pleadings or, in the Alternative, for Summary Judgment, filed on May 17, 2022. Plaintiff shall file a Response to the Motion no later than May 31, 2022, and Defendants may file a Reply no later than June 3, 2022. (Ordered by Judge Ed Kinkeade on 5/17/2022) (chmb) Modified on 5/17/2022 (chmb). [Transferred from Texas Northern on 1/12/2023.]
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| Filing 17 (Document Restricted) Sealed Appendix in Support re: #16 Brief/Memorandum in Support of Motion (Sealed pursuant to order dated 5/7/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Bruksch, Terri) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 16 Brief/Memorandum in Support filed by DePuy Orthopaedics Inc, Johnson & Johnson re #15 MOTION for Judgment on the Pleadings or, in the Alternative MOTION for Summary Judgment (Bruksch, Terri) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 15 MOTION for Judgment on the Pleadings or, in the Alternative, MOTION for Summary Judgment () filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 1/12/2023.] |
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Filing 14
ELECTRONIC ORDER: Plaintiff is instructed to show cause within thirty (30) days why the claim should not be dismissed with prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. (Ordered by Judge Ed Kinkeade on 5/2/2022) (chmb) [Transferred from Texas Northern on 1/12/2023.]
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| Filing 13 NOTICE of Attorney Appearance by Grace Ann Gannon for Michael S. Gardner, Eric P. Haas, and Grace Ann Gannon on behalf of Deborah McMillon, Richard McMillon. (Gannon, Grace) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 12 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (cea) [Transferred from Texas Northern on 1/12/2023.] |
| Filing 11 Case electronically transferred in from District of Nevada; Case Number 2:13-cv-01444. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 1/12/2023.] |
| Filing 10 CERTIFIED CONDITIONAL TRANSFER ORDER (CTO-160). Signed by MDL Panel on 12/30/13. (Copies have been distributed pursuant to the NEF - MMM) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 9 CONDITIONAL TRANSFER ORDER (CTO-160). Signed by MDL Panel on 12/30/13. (Attachments: #1 Minute Order)(Copies have been distributed pursuant to the NEF - MMM) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 8 STIPULATION FOR EXTENSION OF TIME (First Request) re #1 Complaint, ; by Defendants DePuy Orthopaedics, Inc., Johnson & Johnson. (McCoy, Robert) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 7 NOTICE OF RELATED CASES by Defendant DePuy Orthopaedics, Inc.. (Attachments: #1 Cover Letter)(SLR) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 6 SUMMONS Returned Executed by Deborah McMillon, Richard McMillon re #3 Summons Issued. Johnson & Johnson served on 12/2/2013, answer due 12/23/2013. (Alexander, Ryan) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 5 SUMMONS Returned Executed by Deborah McMillon, Richard McMillon re #3 Summons Issued. DePuy Orthopaedics, Inc. served on 12/2/2013, answer due 12/23/2013. (Alexander, Ryan) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 4 CERTIFICATE of Interested Parties filed by Deborah McMillon that identifies all parties that have an interest in the outcome of this case. . (Alexander, Ryan) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 3 Summons Issued as to DePuy Orthopaedics, Inc., Johnson & Johnson re #1 Complaint. (MAJ) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 2 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. 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) (MAJ) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Case assigned to Judge James C. Mahan and Magistrate Judge Peggy A. Leen. (MAJ) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-2921303), filed by Deborah McMillon, Richard McMillon. Certificate of Interested Parties due by 8/19/2013. Proof of service due by 12/7/2013. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons) (Alexander, Ryan) [Transferred from Nevada on 12/31/2013.] [Transferred from Texas Northern on 1/12/2023.] |
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