McMillian v. Zimmer US, Inc. et. al.
| Dennis McMillan and Dennis McMillian |
| Zimmer Inc., Zimmer Holdings Inc., Zimmer US, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Holdings, Inc. and Zimmer, Inc. |
| 2:2018cv05722 |
| October 12, 2018 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Roanne L Mann |
| Allyne R Ross |
| A Kathleen Tomlinson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| CASE: 2:18-cv-05722 DETAILS: Case transferred from New York Eastern has been opened in Southern District of New York as case 1:20-cv-02358, filed 03/17/2020. (Marziliano, August) |
| Filing 36 CERTIFIED JPMDL Conditional Transfer Order (CTO-20), Pursuant to Rule 7. 1 of the Rules of Procedure of the United States Judicial Panel on MultidistrictLitigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of New York for the reasons stated in the order of October 3, 2018, and, with the consent of that court, assigned to the Honorable Paul A. Crotty. (Lee, Tiffeny) |
| Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) |
| Filing 35 JPMDL Conditional Transfer Order CTO-20 - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of New York for the reasons stated in the order of October 3, 2018, and, with the consent of that court, assigned to the Honorable Paul A. Crotty. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of New York. (Marziliano, August) |
ORDER granting in substantial part, on consent #34 Motion to Stay. The Court's order of February 13, 2020 is stayed for 30 days, pending the transfer of the case to the MDL in the S.D.N.Y. Ordered by Magistrate Judge Roanne L. Mann on 3/4/2020. (LK)
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| Filing 34 First MOTION to Stay Order dated February 13, 2020 by Dennis McMillian. (Tangredi, Peter) |
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ELECTRONIC ORDER re #33 : Unless and until the case is transferred, or the parties seek to obtain an order staying this Court's February 13th order, the schedule set by this Court remains in place. Ordered by Magistrate Judge Roanne L. Mann on 3/2/2020. (Vallens, Adrian)
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| Filing 33 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (Shalhoub, Michael) |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann: Telephonic Motion Hearing held on 2/13/2020. The Court hears argument on the parties' submissions regarding plaintiff's failure to respond to defendants' discovery demands and to serve timely and proper expert disclosures. For the reasons set forth on the record and in the attached Minute Entry (see attached Minute Entry), pursuant to Rule 37(b)(2)(C), plaintiff's counsel is directed to pay the reasonable attorney's fees caused by plaintiff's counsel's failure to obey the Court's scheduling order of September 3, 2019. The discovery scheduled is extended as follows: plaintiff shall respond to all outstanding discovery demands (including interrogatories, requests for production, such as HIPAA authorizations) which must be served by February 18, 2020. Plaintiff's expert disclosures must be served by March 3, 2020; defendants' are due by April 6, 2020; expert depositions shall be completed by May 8, 2020. Fact discovery shall be completed by April 30, 2020. Requests for a pre-motion conference are due by May 20, 2020. The February 14th deadline for filing a post-mediation status report is extended to April 14, 2020. No further extensions will be granted. Plaintiff is warned that any further discovery violations may result in preclusion and even dismissal of his claims. (Vallens, Adrian) Modified bolding on 2/13/2020 (LK). |
| Filing 31 MOTION for pre motion conference re #24 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Shalhoub, Michael) |
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ORDER granting #31 Motion for Pre Motion Conference. This Court will conduct a telephonic hearing, initiated by defense counsel, to address defendant's motion to strike plaintiff's expert disclosures as untimely. The hearing will be held on February 13, 2020, at 10:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 2/11/2020. (LK)
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ORDER Parties should not routinely docket discovery materials into the court file. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2020. (LK)
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| Filing 30 RESPONSE to Discovery Request by Dennis McMillian. (Tangredi, Peter) |
| Filing 29 NOTICE of Appearance by Joshua T. Busch on behalf of Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (notification declined or already on case) (Busch, Joshua) |
| Filing 28 NOTICE of Change of Firm Name and E-Mail Contact Once the filing has been made, you must login to www.pacer.gov and update your account. (Frederick, James) |
| Filing 27 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12324077. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit of Joshua T. Busch, #2 Certificate of Good Standing-Indiana, #3 Certificate of Good Standing-Illinois) (Busch, Joshua) |
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ORDER granting #27 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/31/2020. (LK)
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| Filing 26 Letter dated 1.28.2020 in further response by Dennis McMillian (Tangredi, Peter) |
| Filing 25 Letter in Response to Deft Letter date 1.16.2020 by Dennis McMillian (Tangredi, Peter) |
| Filing 24 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (Shalhoub, Michael) |
| NOTICE: On January 16, 2020, defendants submitted a letter requesting a pre-motion conference regarding an anticipated motion for summary judgment #24 . Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before January 28, 2020. (Pehrsson, Emily) |
| Filing 23 APPLICATION #22 for Refund of Fees Paid Electronically Ordered by Clerk of Court on 11/1/2019. (Marziliano, August) |
| Filing 22 MOTION for Refund of Fees Paid Electronically by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Frederick, James) |
| Filing 21 NOTICE of Appearance by James A. Frederick on behalf of Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (notification declined or already on case) (Frederick, James) |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/2/2019. (Kelson, Lise)
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| Filing 20 MOTION to Appear Pro Hac Vice - James A. Frederick Filing fee $ 150, receipt number ANYEDC-11901390. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice - James A. Frederick) (Frederick, James) |
| Filing 19 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11876212. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Affidavit of Admittee James Albert Frederick in Support of Motion for Leave to Appear Pro Hac Vice) (Frederick, James) |
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ORDER #19 Motion for Leave to Appear Pro Hac Vice. Application is denied without prejudice, as the certificate of good standing is stale. See Local Civ. R. 1.3(c). Ordered by Chief Magistrate Judge Roanne L. Mann on 9/24/2019. (Kelson, Lise)
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ORDER granting #18 Motion for Extension of Time to Complete Discovery. The Court grants the parties' request for a three-month extension of the existing scheduling order. The parties are directed to file a post-mediation joint status report by February 14, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/3/2019. (Kelson, Lise)
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| Filing 18 MOTION for Extension of Time to Complete Discovery Letter Correspondence by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Shalhoub, Michael) |
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 6/27/2019. (Kelson, Lise)
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| Filing 17 MOTION to Appear Pro Hac Vice for Anthony W. Finnell Filing fee $ 150, receipt number ANYEDC-11612426. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit with Certificates of Good Standing) (Finnell, Anthony) |
| Filing 16 Joint MOTION for More Definite Statement / For Leave to Participate in Private Mediation by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Watkins, Llonyddwch) |
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ORDER #16 Motion for More Definite Statement. The Court grants the parties' request (which should have been addressed to this magistrate judge) for leave to participate in private mediation in late December 2019 or early January 2020. The parties are directed to file a joint status report by January 10, 2020. If the case is not settling, requests for a premotion conference are due by January 17, 2020. The deadlines set in the March 25th scheduling order otherwise remain unchanged. Ordered by Chief Mag. Judge Roanne L. Mann on 3/29/2019. (Kelson, Lise)
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| Filing 15 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) |
| Case Reassigned to Judge Allyne R. Ross and Chief Mag. Judge Roanne L. Mann. Judge Joan M. Azrack, Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) |
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SCHEDULING ORDER: The above case has been reassigned to the Brooklyn Courthouse and is now pending before Judge Ross and this Magistrate Judge. The Court modifies the discovery schedule as follows: Fact discovery must be completed by December 20, 2019. Plaintiff's expert disclosures must be served by October 1, 2019; defendants' are due by November 1, 2019. Expert depositions must be completed by December 20, 2019. Requests for a premotion conference before Judge Ross are due by January 3, 2020. The parties are directed to confer and, by March 29, 2019, to file a letter-motion (docketed into ECF as a motion event) requesting that this Court either refer the matter for court-annexed mediation or schedule a settlement conference before the Court; in either event, the parties must indicate approximately when they expect to be prepared to engage in meaningful settlement discussions. Ordered by Chief Mag. Judge Roanne L. Mann on 3/25/2019. (Cardenas, Alex)
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| Filing 14 MOTION for Refund of Fees Paid Electronically by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Watkins, Llonyddwch) |
| Filing 13 NOTICE of Appearance by Llonyddwch R. Watkins on behalf of All Defendants (notification declined or already on case) (Watkins, Llonyddwch) |
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ORDER granting DE #12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/7/2019. (Degennaro, Christopher)
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ORDER deferring ruling on DE #12 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motion for leave to appear pro hac vice filed by Attorney Watkins. Before the Court can rule on this motion, the Court requires that the original certificate(s) of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificate(s) to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificate(s), it will rule on counsel's motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/25/2019. (Degennaro, Christopher)
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| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-11224215. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit in Support of Ll. Rhyddid Watkins, #2 Exhibit Certificates of Good Standing) (Watkins, Llonyddwch) |
| Filing 11 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR INITIAL CONFERENCE (Tel). Counsel For Plaintiff: Jay Margolis, present. Counsel For Defendant: Michael Shalhoub, Anthony Finnell, present. Initial Conference Hearing held on 2/7/2019 at 4:30 PM. The discovery schedule is approved. Discovery disputes are respectfully referred to Magistrate Judge Tomlinson. (Ortiz, Grisel) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting (Shalhoub, Michael) |
| Filing 9 Corporate Disclosure Statement by Zimmer Holdings, Inc. (Shalhoub, Michael) |
| Filing 8 Corporate Disclosure Statement by Zimmer Orthopaedic Surgical Products, Inc. (Shalhoub, Michael) |
| Filing 7 Corporate Disclosure Statement by Zimmer, Inc. (Shalhoub, Michael) |
| Filing 6 Corporate Disclosure Statement by Zimmer US, Inc. (Shalhoub, Michael) |
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SCHEDULING ORDER: A telephone Initial Conference is scheduled for 2/7/2019 at 5:00 PM. Counsel for the plaintiff shall initiate the call and contact Chambers at 631-712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 1/28/2019. (Posillico, Lauren)
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| Filing 5 NOTICE of Appearance by Michael D. Shalhoub on behalf of All Defendants (aty to be noticed) (Shalhoub, Michael) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) |
| Filing 2 ANSWER to Complaint by Zimmer Holdings, Inc., Zimmer, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc.. (Freedenberg, John) Modified on 10/16/2018 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by Zimmer Holdings, Inc., Zimmer, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc. from Supreme Court of the State of New York, County of Queens, Case Number 710472/2018. Was the Disclosure Statement on the Civil Cover Sheet completed - No. ( Filing fee $ 400 receipt number ANYEDC-10829017) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Freedenberg, John) Modified on 10/16/2018 (Flanagan, Doreen). |
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