Massey v. Cecil et al
| Donald Massey |
| St. Mary's Hospital at Amsterdam, DePuy Synthes Sales, Inc., Russell N.A. Cecil, M.D., Medical Device Business Services, Inc., Synthes USA, LLC, John Doe, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy, Inc., Synthes USA Products, LLC, Synthes, Inc., St. Mary's Healthcare, Johnson & Johnson, Inc., DePuy Synthes, Inc., The Ortho Store, Inc., DePuy Orthopaedics Products, Mohawk Valley Orthopedics, P.C. and DePuy Synthes Sales, Inc. individually doing business as DePuy Synthes Joint Reconstruction |
| 1:2019cv00049 |
| January 11, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| Brenda K Sannes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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| Filing 39 CERTIFICATE OF SERVICE by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam re #38 Reply to Response to Motion (Hansen, Jonathan) |
| Filing 38 REPLY to Response to Motion re #23 MOTION to Remand to State Court filed by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam. (Hansen, Jonathan) |
| Filing 37 RESPONSE in Opposition re #22 First MOTION to Remand filed by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Murdica, James) |
| Filing 36 Reply in Support of Depuy Defendants' Motion to Stay All Proceedings filed by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc.. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Murdica, James) Modified on 3/1/2019 to properly describe the filing as a reply to response and not a new motion (tab). |
Filing 35
TEXT ORDER granting #34 Letter Request from DePuy Defendants requesting Leave to reply to Responses in Opposition of Motion to Stay All Proceedings #8 First MOTION to Stay All Proceedings : Reply to response is limited to ten (10) pages and is to be filed within 10 days of this Order. [Reply to Response to Motion due by 3/8/2019]. Authorized by Magistrate Judge Christian F. Hummel on 2/25/2019. (tab)
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| Filing 34 Letter Motion from DePuy Defendants for DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc. requesting Leave to reply to Responses in Opposition of Motion to Stay All Proceedings submitted to Judge Hummel . (Murdica, James) |
| Filing 33 RESPONSE in Opposition re #8 First MOTION to Stay All Proceedings filed by The Ortho Store, Inc.. (Attachments: #1 Exhibit(s) A - Summons and Complaint, #2 Exhibit(s) B - 2.8.19 Plaintiff's Affidavit, #3 Exhibit(s) C - Answer of St. Mary's, #4 Exhibit(s) D - Answer of Cecil and Mohawk, #5 Exhibit(s) E - Notice of Removal, #6 Exhibit(s) F - The Ortho Store Inc.'s Corporation Information, #7 Exhibit(s) G - Request to Transfer, #8 Exhibit(s) H - CTO, #9 Memorandum of Law in Opposition to DePuy's Motion to Stay)(Fern, Frederick) |
| Filing 32 RESPONSE in Opposition re #8 First MOTION to Stay All Proceedings filed by Donald Massey. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Memorandum of Law Memorandum of Law, #6 Proof of Service)(Jerome, Chad) |
| Filing 31 CERTIFICATE OF SERVICE by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam re #30 Response in Opposition to Motion, (Hansen, Jonathan) |
| Filing 30 RESPONSE in Opposition re #8 First MOTION to Stay All Proceedings filed by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E)(Hansen, Jonathan) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #29 Response in Opposition to Motion. The original Memorandum of Law was the incorrect. Replaced with corrected Memorandum of Law. (khr) |
| Filing 29 RESPONSE in Opposition re #8 First MOTION to Stay All Proceedings filed by Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C.. (Attachments: #1 Exhibit(s) Ex. A - Summons and Complaint, #2 Exhibit(s) Ex. B - Cecil-MVO answer with crossclaims, #3 Exhibit(s) Ex. C - notice of removal, #4 Exhibit(s) Ex, D - notice of related actions, #5 Exhibit(s) Ex. E - Conditional Transfer Order, #6 Exhibit(s) Ex. F - Cecil-MVO opposition to CTO, #7 Exhibit(s) Ex. G - Cameron affidavit, #8 Memorandum of Law, #9 Affidavit Proof of service)(McFarland, Mandy) (Attachment 8 replaced on 2/19/2019) (khr, ). |
| Filing 28 MOTION to Remand to State Court filed by The Ortho Store, Inc.. (Attachments: #1 Declaration of Frederick H. Fern in Support of Motion to Remand dated 2/13/19, #2 Exhibit(s) A - Summons and Complaint, #3 Exhibit(s) B - Answer of Defendant St. Marys, #4 Exhibit(s) C - Answer of Cecil and Mohawk, #5 Exhibit(s) D - The Ortho Store, Inc.s Corporate Information, #6 Exhibit(s) E - Plaintiffs 2/8/19 Affidavit, #7 Memorandum of Law in Support of Motion to Remand dated 2/13/19, #8 Certificate of Service) (Fern, Frederick) |
| Filing 27 MOTION to Remand Motion Hearing set for 3/21/2019 10:00 AM before Judge Brenda K. Sannes Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/11/2019. filed by Donald Massey. (Attachments: #1 Affidavit of Plaintiff, #2 Affidavit of Attorney, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C, #6 Memorandum of Law Memorandum of Law, #7 Exhibit(s) Proof of Service) Motions referred to Christian F. Hummel. (Jerome, Chad) |
| Filing 26 MOTION to Remand Motion Hearing set for 3/21/2019 10:00 AM in Albany before Judge Brenda K. Sannes Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/11/2019. filed by Donald Massey. (Attachments: #1 Affidavit of Plaintiff, #2 Affidavit of Attorney, #3 Exhibit(s) Exhibit A, #4 Exhibit(s) Exhibit B, #5 Exhibit(s) Exhibit C, #6 Exhibit(s) Proof of Service) Motions referred to Christian F. Hummel. (Jerome, Chad) |
| Filing 25 NOTICE of Appearance by Chad A. Jerome on behalf of Donald Massey (Jerome, Chad) |
| Filing 24 CERTIFICATE OF SERVICE by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam re #23 MOTION to Remand to State Court (Hansen, Jonathan) |
| Filing 23 MOTION to Remand to State Court Motion Hearing set for 3/21/2019 09:30 AM in Albany before Judge Brenda K. Sannes Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/11/2019. filed by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam. (Attachments: #1 Affidavit, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Affidavit Affidavit of William Cameron, #7 Exhibit(s) 1, #8 Affidavit Affidavit of Colleen Snell, #9 Memorandum of Law) (Hansen, Jonathan) |
| Filing 22 First MOTION to Remand Motion Hearing set for 3/21/2019 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/11/2019. filed by Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C.. (Attachments: #1 Affidavit, #2 Exhibit(s) Ex. A - summons and complaint, #3 Exhibit(s) Ex. B - Cecil-MVO answer with cross-claims, #4 Exhibit(s) Ex. C - St. Mary's Hospital answer, #5 Memorandum of Law, #6 Exhibit(s) proof of service) Motions referred to Christian F. Hummel. (McFarland, Mandy) |
| TEXT NOTICE TO COUNSEL: The #22 Motion to Remand will be heard by District Judge Sannes on submission of the papers. Once the motion has been fully briefed, and reviewed, counsel will be notified if oral argument is deemed necessary. (rjb, ) |
| Filing 21 CERTIFICATE OF SERVICE by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam re #20 Notice of Appearance (Yoquinto, William) |
| Filing 20 NOTICE of Appearance by William D. Yoquinto on behalf of St. Mary's Healthcare, St. Mary's Hospital at Amsterdam (Yoquinto, William) |
| Filing 19 NOTICE by The Ortho Store, Inc. re #9 Notice (Other) of Opposition to CTO -308 (Fern, Frederick) |
| Filing 18 NOTICE of Appearance by Frederick H. Fern on behalf of The Ortho Store, Inc. (Fern, Frederick) |
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TEXT ORDER: The Rule 16 Initial Conference scheduled for February 15, 2019 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the Motion to Stay All Proceedings. Plaintiffs are directed to respond to the Motion to Stay, on or before 2/19/2019. The return date for this motion will remain, as set, for 3/5/2019. This motion is referred to Judge Hummel and will be taken on SUBMIT with no oral argument scheduled, unless otherwise directed. Authorized by Magistrate Judge Christian F. Hummel on 1/30/2019. (tab)
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| Filing 17 CERTIFICATE OF SERVICE by St. Mary's Healthcare, St. Mary's Hospital at Amsterdam re #16 Notice of Appearance (Hansen, Jonathan) |
| Filing 16 NOTICE of Appearance by Jonathan E. Hansen on behalf of St. Mary's Healthcare, St. Mary's Hospital at Amsterdam (Hansen, Jonathan) |
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Filing 15
ORDER OF RECUSAL: U.S. District Judge Mae A. D'Agostino recused. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Magistrate Judge Christian F. Hummel remains as the assigned Magistrate Judge. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/19. (ban)
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| Filing 14 NOTICE of Appearance by Jeffrey J. Tymann on behalf of Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C. (Tymann, Jeffrey) |
| Filing 13 NOTICE of Appearance by Alicia M. Dodge on behalf of Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C. (Dodge, Alicia) |
| Filing 12 LETTER BRIEF of representation by Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C.. (Attachments: #1 Exhibit(s) Pleading)(McFarland, Mandy) |
| Filing 11 NOTICE of Appearance by Mandy M. McFarland on behalf of Russell N.A. Cecil, MD, Mohawk Valley Orthopedics, P.C. (McFarland, Mandy) |
| Filing 10 NOTICE of Appearance by Frederick H. Fern on behalf of The Ortho Store, Inc. (Fern, Frederick) |
| Filing 9 NOTICE OF RELATED ACTIONS re Judicial Panel on Multidistrict Litigation filed by DePuy Orthopaedics, Inc., Johnson & Johnson, Inc. (Attachments: #1 Mailing Envelope)(mgh) |
| Filing 8 First MOTION to Stay All Proceedings Motion Hearing set for 3/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/19/2019 filed by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc.. (Attachments: #1 Motion to Stay All Proceedings, #2 Affidavit, #3 Memorandum of Law, #4 Exhibit(s)) Motions referred to Christian F. Hummel. (Murdica, James) |
| Filing 7 AFFIDAVIT re #1 Notice of Removal,, Statement Pursuant to Individual Rule No. 3 by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc.. (Murdica, James) |
| Filing 6 AFFIDAVIT Of Service by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC, Synthes, Inc.. (Murdica, James) |
| ***Answer due date updated for DePuy Orthopaedics Products answer due 1/19/2019; DePuy Orthopaedics, Inc. answer due 1/19/2019; DePuy Synthes Products, Inc. answer due 1/19/2019; DePuy Synthes Sales, Inc. answer due 1/19/2019; DePuy Synthes, Inc. answer due 1/19/2019; DePuy, Inc. answer due 1/19/2019; Johnson & Johnson, Inc. answer due 1/19/2019; Medical Device Business Services, Inc. answer due 1/19/2019; Synthes USA Products, LLC answer due 1/19/2019; Synthes USA, LLC answer due 1/19/2019; Synthes, Inc. answer due 1/19/2019. (mgh) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Notice of Removal,, #3 FRCP 7.1 Corporate Disclosure Statement,, #2 State Court Complaint. Modified the docket to reflect the correct filing date of 1/11/2019. |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/15/2019 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/8/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Johnson & Johnson, Inc., Medical Device Business Services, Inc., Synthes USA Products, LLC, Synthes USA, LLC identifying Corporate Parent DePuy, Inc. for DePuy Orthopaedics Products, DePuy Orthopaedics, Inc., DePuy Synthes Products, Inc., DePuy Synthes Sales, Inc., DePuy Synthes, Inc., DePuy, Inc., Medical Device Business Services, Inc. (mgh) Modified on 1/15/2019 (mgh). |
| Filing 2 STATE COURT COMPLAINT filed by Donald Massey. (mgh) Modified on 1/15/2019 (mgh). |
| Filing 1 NOTICE OF REMOVAL from Montgomery County Supreme Court, case number 2018-753 (Filing fee $400 receipt number 4616341) filed by DePuy Orthopaedics, Inc., Synthes USA Products, LLC, DePuy Synthes Sales, Inc., Synthes USA, LLC, Medical Device Business Services, Inc., DePuy Synthes, Inc., DePuy, Inc., Synthes, Inc., Johnson & Johnson, Inc., DePuy Synthes Products, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Civil Cover Sheet)(mgh, ) Modified on 1/15/2019 to change the date of filing (mgh). |
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