Graham et al v. DePuy Synthes, Inc. et al
| William Graham and Alison Beth Graham |
| DePuy Synthes, Inc., Medical Device Business Services, Inc., Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson Services, Inc., Johnson & Johnson International, Howmedica Osteonics Corp., Stryker Corporation, Depuy, Inc., Depuy Orthopaedics, Inc. and Howmedica Osteonics Corp. doing business as Stryker Orthopaedics |
| 2:2022cv04768 |
| August 12, 2022 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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| Filing 37 STIPULATION of Dismissal with Prejudice as to Howmedica Osteonics Corp. by Howmedica Osteonics Corp. (Asfendis, Paul) |
ORDER DISMISSING PARTIES: Plaintiffs' claims against Defendant Howmedica Osteonics Corp. are dismissed pursuant to the parties' stipulation of voluntary dismissal. See ECF No. #37 . In light of Plaintiffs' stipulations of dismissal filed with respect to each Defendant, the Clerk of Court is respectfully directed to close this case and to mail a copy of this notice to the pro se Plaintiffs. Ordered by Judge Hector Gonzalez on 2/9/2023. (BH)
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Filing 36
ORDER: The parties shall comply with the instructions in the following order, including the filing of a revised case management plan on or before February 17, 2023. The Clerk of Court is respectfully directed to mail a copy of this order to the pro se Plaintiffs. Ordered by Judge Hector Gonzalez on 2/8/2023. (BH)
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Order Dismissing Parties. Parties Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc., DePuy Synthes, Inc. and Depuy Ireland Unlimited Company terminated. Ordered by Judge Hector Gonzalez on January 30, 2023. (PN)
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| Filing 35 STIPULATION of Dismissal Of Plaintiffs' Claims Against the DePuy Defendants, Only, With Prejudice by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc. (Pauley, Erin) |
| Filing 34 MOTION to Withdraw from case by William Graham. (JC) |
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Filing 33
ORDER: As further explained in the accompanying Order, Plaintiffs shall file a letter on or before January 20, 2023, indicating whether they have retained a new attorney or whether they intend to continue this litigation while representing themselves. Ordered by Judge Hector Gonzalez on 1/6/2023. (BH)
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| Filing 32 Corporate Disclosure Statement by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc. (Murdica, James) |
| Filing 31 ANSWER to #12 Complaint, and Affirmative Defenses by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc.. (Murdica, James) |
| Filing 30 DECLARATION re #29 Order on Motion to Withdraw as Attorney, Confirming Service of Order on Plaintiffs by Alison Beth Graham, William Graham (Schreck, Daniel) |
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Filing 29
ORDER: The Court grants in part the motion to withdraw as counsel filed by the Law Offices of G. Oliver Koppell. See ECF No. #27 . That firm and its attorneys may withdraw from their representation of Plaintiffs in this case, and the Clerk of Court is respectfully directed to remove them from the docket. The parties must follow the scheduling deadlines described in the accompanying order. Ordered by Judge Hector Gonzalez on 11/23/2022. (BH)
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| Filing 28 DECLARATION re #27 Notice of MOTION to Withdraw as Attorney Proof of Service of Motion on Plaintiffs by Alison Beth Graham, William Graham (Schreck, Daniel) |
| Filing 27 Notice of MOTION to Withdraw as Attorney by Alison Beth Graham, William Graham. (Attachments: #1 Affidavit in Support of G. Oliver Koppell, #2 Memorandum in Support) (Schreck, Daniel) |
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Order Dismissing Party: Party Stryker Corporation terminated as per Notice of Voluntary Dismissal filed at docket entry No. #25 . Ordered by Judge Hector Gonzalez on November 15, 2022. (PN)
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| Filing 26 Emergency MOTION to Stay Proceedings Pending Ruling on Anticipated Motion to Withdraw as Counsel for Plaintiffs or, In the Alternative, Motion for Extension of Time to File Responsive Pleading by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Howmedica Osteonics Corp., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Pauley, Erin) |
| Filing 25 NOTICE of Voluntary Dismissal by Alison Beth Graham, William Graham (Attachments: #1 Certificate of Service) (Koppell, G.) |
| Filing 24 Corporate Disclosure Statement by Howmedica Osteonics Corp. (Asfendis, Paul) |
| Filing 23 ANSWER to #12 Complaint, by Howmedica Osteonics Corp.. (Asfendis, Paul) |
| Filing 22 NOTICE of Voluntary Dismissal by Alison Beth Graham, William Graham (Attachments: #1 Certificate of Service Certificate of Service for Notice of Dismissal) (Koppell, G.) |
| NOTICE to Attorney G. Oliver Koppell: Please correct the case number on the Notice of Voluntary Dismissal filed at docket entry No. #22 and re-file. (PN) |
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ORDER: The Court grants in part the portion of the DePuy Defendants' motion, see ECF No. #26 , that requests an extension of their time to respond to Plaintiffs' complaint, and denies the motion in all other respects. The DePuy Defendants shall file an answer or otherwise respond to Plaintiffs' complaint on or before November 23, 2022. No further extension of their deadline to respond is necessary because a potential withdrawal of Plaintiffs' attorneys does not impact the DePuy Defendants' ability to prepare an answer, as demonstrated by the fact that the Stryker Defendants were able timely to file an answer today. See ECF No. #23 . The Court warns the parties that, as described in Section I.D of the Court's Individual Practices, all requests for adjournments or extensions of time must be made three business days in advance of the applicable deadline, and any requests made after the expiration of a deadline may be denied because of their untimeliness.There is no need to extend at this time the discovery deadlines in the Court's scheduling order, see ECF No. #21 , because the deadline for the parties to complete fact discovery is not until May 2023, and the potential withdrawal of Plaintiffs' counsel does not impact Defendants' ability to prepare their initial disclosures and discovery requests by the current deadlines specified in the scheduling order. In any event, Paragraph 1(b) of the scheduling order, allows the parties to agree among themselves, without application to the Court, to extend the deadlines for the intermediate discovery activities reflected in Attachment A of the scheduling order, so long as they can still comply with the deadlines for fact discovery and expert discovery.In light of the representations made in the DePuy Defendants' motion, and the emails from Plaintiffs' counsel accompanying the motion, about an impending motion to withdraw by Plaintiffs' counsel, the Court orders Plaintiffs' counsel to file any such motion on or before November 23, 2022. Ordered by Judge Hector Gonzalez on 11/14/2022. (BH)
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Filing 21
SCHEDULING ORDER: The Court adopts the parties' proposed discovery plan, see ECF No. #20 , as the Court's scheduling order required by Fed. R. Civ. P. 16(b). Given the significant time afforded by these deadlines, the parties are advised that any extensions are unlikely. Ordered by Judge Hector Gonzalez on 10/11/2022. (BH)
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| Filing 20 CASE MANAGEMENT STATEMENT (Tannenbaum, David) |
| Filing 19 Letter re: case description by Alison Beth Graham, William Graham (Tannenbaum, David) |
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ORDER: The Court grants Defendants' motion for an extension of time to respond to Plaintiffs' Complaint. See ECF No. #18 . Defendants shall file their Answer(s) or otherwise respond to the Complaint on or before November 14, 2022. The deadline in the Court's scheduling order regarding the parties' submission of a joint letter and civil case management plan remains in effect. See ECF No. #9 . Ordered by Judge Hector Gonzalez on 9/14/2022. (Herrmann, Brendan)
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| Filing 18 Joint MOTION for Extension of Time to File Response/Reply for Each Defendant to Plaintiffs' Complaint by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc.. (Pauley, Erin) |
| Filing 17 NOTICE of Appearance by Erin Marie Pauley on behalf of DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (notification declined or already on case) (Pauley, Erin) |
| Filing 16 AFFIDAVIT of Service for Summons With Notice served on DePuy Synthes, Inc. on 08/23/2022, filed by Alison Beth Graham, William Graham. (Tannenbaum, David) |
| Filing 15 AFFIDAVIT of Service for Summons With Notice served on Medical Device Business Services, Inc. on 08/23/2022, filed by Alison Beth Graham, William Graham. (Tannenbaum, David) |
| Filing 14 Letter Responding to the Order to Show Cause in relation to Notice of Removal by DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc. (Pauley, Erin) |
| Filing 13 Letter re: Consent to Removal by Alison Beth Graham, William Graham (Tannenbaum, David) |
| Filing 12 COMPLAINT against DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Howmedica Osteonics Corp., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Stryker Corporation, Synthes, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Alison Beth Graham, William Graham. (Tannenbaum, David) |
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ORDER: The Court has reviewed Plaintiffs' complaint and the letter filed by the removing Defendants in response to the Court's order to show cause. See ECF Nos. #12 , #14 . Based on the allegations in the complaint and the representations in Defendants' letter, the Court has determined that diversity jurisdiction exists over Plaintiff's claims pursuant to 28 U.S.C. 1332(a) and that the Court may exercise removal jurisdiction over this action pursuant to 28 U.S.C. 1441. The parties shall proceed according to the schedule set forth in the Court's prior scheduling order. See ECF No. #9 . Ordered by Judge Hector Gonzalez on 8/25/2022. (Herrmann, Brendan)
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ORDER granting motion to appear pro hac vice. See ECF No. #11 . Attorney Erin M. Pauley is granted permission to appear pro hac vice on behalf of Defendants DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., and Synthes, Inc. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 8/25/2022. (Herrmann, Brendan)
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| Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15868202. by DePuy Synthes, Inc., Depuy Ireland Unlimited Company, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Synthes, Inc.. (Attachments: #1 Affidavit) (Pauley, Erin) |
| Filing 10 NOTICE by Howmedica Osteonics Corp., Stryker Corporation re #1 Notice of Removal, Consent to Removal (Asfendis, Paul) |
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Filing 9
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by October 3, 2022, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 8/18/2022. (Herrmann, Brendan)
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ORDER TO SHOW CAUSE: The notice of removal filed on behalf of some of the Defendants (the "Removing Defendants") does not indicate that all Defendants have consented to the removal, nor does it definitively state whether the remaining Defendants were served with Plaintiffs' summons with notice. See ECF No. #1 at 12. Furthermore, since the Removing Defendants allege that Plaintiffs have served only a summons without a complaint, neither the notice of removal nor the accompanying materials from the state court docket describe the nature of Plaintiffs' alleged injuries or the amount of their alleged damages. To address these issues, the Removing Defendants are hereby ORDERED to file a letter no longer than five pages on or before August 25, 2022, that substantiates the factual and legal bases for their assertions that: (i) the amount-in-controversy requirement for diversity jurisdiction is satisfied, and (ii) all Defendants who are required to join in or consent to the removal of this action pursuant to 28 U.S.C. 1446(b)(2) have provided such consent. Plaintiffs and any of the remaining Defendants may file responsive letters, each no longer than five pages, on or before September 1, 2022, summarizing their respective positions about whether this action should be remanded to the Supreme Court of the State of New York, County of Suffolk. Ordered by Judge Hector Gonzalez on 8/18/2022. (Herrmann, Brendan)
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| Filing 8 NOTICE of Appearance by Kim M. Catullo on behalf of Howmedica Osteonics Corp., Stryker Corporation (aty to be noticed) (Catullo, Kim) |
| Filing 7 NOTICE of Appearance by Paul Edward Asfendis on behalf of Howmedica Osteonics Corp., Stryker Corporation (aty to be noticed) (Asfendis, Paul) |
| Filing 6 NOTICE of Appearance by G. Oliver Koppell on behalf of All Plaintiffs (notification declined or already on case) (Koppell, G.) |
| Filing 5 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 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 3 AFFIDAVIT of Service for Summons With Notice served on HOWMEDICA OSTEONICS CORP BA STRYKER ORTHOPAEDICS on 08/02/2022, filed by Alison Beth Graham, William Graham. (Tannenbaum, David) |
| Filing 2 NOTICE of Appearance by David Tannenbaum on behalf of All Plaintiffs (aty to be noticed) (Tannenbaum, David) |
| Case Assigned to Judge Hector Gonzalez. 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) |
| Filing 1 NOTICE OF REMOVAL by DePuy Synthes, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. from Supreme Court State of New York, Suffolk County, case number 608857/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet) (Jakubowski, Laura) |
| FILING FEE: $ 402, receipt number ANYEDC-15840895 (Jakubowski, Laura) |
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