Brown v. Depuy Synthes Sales, Inc. et al
| Gary Brown |
| Depuy Synthes Sales, Inc. doing business as DePuy Synthes Joint Reconstruction, Depuy Orthopaedics, Inc, Depuy International Limited, Johnson & Johnson Services, Inc., Johnson & Johnson International, Medical Device Business Services, Inc., DePuy Inc.,, Depuy Synthes Products, Inc., DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Depuy Synthes Johnson & Johnson Ireland Ltd., Johnson & Johnson and DePuy Mitek, Inc. |
| 2:2021cv06717 |
| December 3, 2021 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Steven Tiscione |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
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Filing 23
ORDER DISMISSING CASE: STIPULATED AND AGREED between the undersigned parties,pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), that the above-referenced matter and all claims and counterclaims made therein are dismissed without prejudice against all defendants. Ordered by Judge LaShann DeArcy Hall on 1/11/2023. (ML)
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In light of the filing of the dismissal, the conference scheduled for August 8th before the undersigned is canceled. So Ordered by Magistrate Judge Steven Tiscione on 8/4/2022. (Vasquez, Lea)
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| Filing 22 STIPULATION of Dismissal by Gary Brown (Farnolo, Nicholas) |
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SCHEDULING ORDER: A telephone conference will be held at 11:30 a.m. on August 8, 2022 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/3/2022. (Vasquez, Lea)
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| Filing 21 Minute Entry for Settlement Conference held on 6/16/2022 before Magistrate Judge Steven Tiscione: Farnolo for Plaintiff; Pauley for Defendants. Settlement discussions were held and the parties were able to reach a disposition. Parties shall file the stipulation of dismissal by July 29, 2022. (Vasquez, Lea) |
| Filing 20 NOTICE of Appearance by Erin Marie Pauley on behalf of All Defendants (notification declined or already on case) (Pauley, Erin) |
| Filing 19 Letter Settlement Statement by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (Murdica, James) |
| Filing 18 Letter Settlement Statement by Gary Brown (Farnolo, Nicholas) |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Having reviewed the Pro Hac Vice application #15 submitted by Erin M. Pauley for Plaintiff and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 6/13/2022. (Vasquez, Lea)
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| Filing 17 AFFIDAVIT in Support re Order on Motion for Leave to Appear Pro Hac Vice, #15 Notice of MOTION to Appear Pro Hac Vice Erin M. Pauley Filing fee $ 150, receipt number ANYEDC-15616551. by All Defendants. (Attachments: #1 Appendix) (Pauley, Erin) |
| Filing 16 Minute Order for Motion Hearing held on 6/2/2022 before Magistrate Judge Steven Tiscione: Farnolo for Plaintiff; Pauley, Kohane for Defendants. Parties report that they are engaged in settlement negotiations and would like to have a settlement conference in an effort to resolve the matter without the need for litigation. Accordingly, the Joint MOTION for Extension of Time to File Answer #13 is granted. The Court will hold a settlement conference by zoom on June 16, 2022 at 12:00 p.m. Parties shall file ex parte settlement statements by June 14, 2022. A motion to file ex parte is not required. Counsel shall refer to the settlement section of this Courts Individual Rules to further prepare for the conference. A zoom link will be sent to the parties prior to the conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court.(FTR Log #10:01 - 10:07 (AT&T).) (Vasquez, Lea) |
| Filing 15 Notice of MOTION to Appear Pro Hac Vice Erin M. Pauley Filing fee $ 150, receipt number ANYEDC-15616551. by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Affidavit Affidavit of Erin M. Pauley, #2 Appendix Certificate of Good Standing) (Pauley, Erin) |
| Filing 14 NOTICE of Appearance by Nadine Shari Kohane on behalf of All Defendants (aty to be noticed) (Kohane, Nadine) |
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ORDER temporarily denying #15 Motion for Leave to Appear Pro Hac Vice. Motion for Leave to Appear Pro Hac Vice #15 is temporarily denied because the Certificate of Good Standing attached is expired. Counsel shall supplement the application with a current Certificate of Good Standing no later than June 10, 2022 or the Motion will be fully denied. So Ordered by Magistrate Judge Steven Tiscione on 6/1/2022. (Vasquez, Lea)
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| Filing 13 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Murdica, James) |
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ORDER deferring ruling on #13 Motion for Extension of Time to Answer re #13 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint. A telephone conference will be held at 10:00 a.m. on June 2, 2022 before the undersigned. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 5/31/2022. (Vasquez, Lea)
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| Filing 12 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Murdica, James) |
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ORDER granting #12 Motion for Extension of Time to May 30, 2022 to File Answer to Plaintiff's Complaint by All Defendants. So Ordered by Magistrate Judge Steven Tiscione on 4/27/2022. (Vasquez, Lea)
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ORDER granting #11 Motion for Extension of Time to Answer re #11 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint DePuy Inc., answer due 4/28/2022; DePuy Mitek, Inc. answer due 4/28/2022; DePuy Synthes, Inc. answer due 4/28/2022; Depuy International Limited answer due 4/28/2022; Depuy Ireland Unlimited Company answer due 4/28/2022; Depuy Orthopaedics, Inc answer due 4/28/2022; Depuy Synthes Johnson & Johnson Ireland Ltd. answer due 4/28/2022; Depuy Synthes Products, Inc. answer due 4/28/2022; Depuy Synthes Sales, Inc. answer due 4/28/2022; Johnson & Johnson answer due 4/28/2022; Johnson & Johnson International answer due 4/28/2022; Johnson & Johnson Services, Inc. answer due 4/28/2022. So Ordered by Magistrate Judge Steven Tiscione on 3/31/2022. (Vasquez, Lea)
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| Filing 11 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Murdica, James) |
| Filing 10 Joint MOTION for Extension of Time to File Answer to Plaintiff's Complaint by DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Murdica, James) |
| Filing 9 NOTICE of Appearance by James Francis Murdica on behalf of All Defendants (aty to be noticed) (Murdica, James) |
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ORDER GRANTING #10 Motion for Extension of Time to Answer re #10 Joint MOTION for Extension of Time to March 29, 2022 to File Answer to Plaintiff's Complaint by All Defendants. So Ordered by Magistrate Judge Steven Tiscione on 1/24/2022. (Vasquez, Lea)
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| Filing 8 Certificate of Good Standing Request and Payment. $ 20, receipt number ANYEDC-15183917 (Farnolo, Nicholas) |
| Filing 7 Summons Issued as to DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Layne, Monique) |
| Filing 6 Proposed Summons. Re #1 Complaint,,,,, by Gary Brown (Farnolo, Nicholas) |
| Filing 5 Proposed Summons. by Gary Brown (Farnolo, Nicholas) |
| Your proposed summons was not issued for one of the following reasons: If serving multiple defendants, there must me a rider attached with ONLY (One) 1 Summons (AO 440Form Rev. 6/12) with text (See attached rider) in the space after To: (Defendant's name and address) Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (This is my third request to attorney). (Layne, Monique) |
| Filing 4 Proposed Summons. by Gary Brown (Farnolo, Nicholas) |
| Filing 3 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Steven Tiscione. 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. (Jakubowski, Laura) |
| Your proposed summons was not issued for one of the following reasons: The caption on each summons does not match the caption of the complaint; specifically, if you use "et al" you must attach a rider. The Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses using the event Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura) |
| Filing 1 COMPLAINT Gary Brown against DePuy Inc.,, DePuy Mitek, Inc., DePuy Synthes, Inc., Depuy International Limited, Depuy Ireland Unlimited Company, Depuy Orthopaedics, Inc, Depuy Synthes Johnson & Johnson Ireland Ltd., Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. filing fee $ 402, receipt number ANYEDC-15082328 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Gary Brown. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons DEPUY INTERNATIONAL LIMITED, #3 Proposed Summons DEPUY IRELAND UNLIMITED COMPANY, #4 Proposed Summons DEPUY MITEK, INC., #5 Proposed Summons DEPUY ORTHOPAEDICS, INC, #6 Proposed Summons DEPUY SYNTHES JOHNSON & JOHNSON IRELAND LTD., #7 Proposed Summons DEPUY SYNTHES PRODUCTS, INC., #8 Proposed Summons DEPUY SYNTHES SALES, INC. d/b/a DEPUY SYNTHES JOINT RECONSTRUCTION, #9 Proposed Summons DEPUY SYNTHES, INC., #10 Proposed Summons DEPUY, INC., #11 Proposed Summons JOHNSON & JOHNSON INTERNATIONAL, #12 Proposed Summons JOHNSON & JOHNSON SERVICES, INC., #13 Proposed Summons JOHNSON & JOHNSON, #14 Proposed Summons MEDICAL DEVICE BUSINESS SERVICES, INC.) (Farnolo, Nicholas) |
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