Rouviere et al v. Depuy Orthopaedics, Inc. et al
| Jodi Rouviere and Andre Rouviere |
| Depuy Orthopaedics, Inc., Depuy Products, Inc., Depuy International, Limited, Johnson & Johnson, Inc., Johnson & Johnson Services, Inc., Stryker Corporation, Stryker Sales Corporation and Howmedica Osteonics Corporation |
| 1:2018cv04814 |
| May 31, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Stewart D. Aaron |
| Alison J. Nathan |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
361
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 17, 2021, (ECF Doc. No. 318) Defendant DEPUY ORTHOPAEDICS, INC.'s motion for summary judgment is GRANTED. (Signed by Judge Lewis J. Liman on 1/4/2023) (va)
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Filing
354
ORDER: granting in part and denying in part 353 Letter Motion to Seal. ORDER: The request to seal certain motion-related exhibits is GRANTED IN PART AND DENIED IN PART. Defendant may seal the design file, the 510k file, and the manufacturing record s in full. "Such documents fall into categories commonly sealed[:] those containing trade secrets, confidential research and development information, marketing plans, revenue information, pricing information, and the like. Hypnotic Hats, Ltd. v. Wintermantel Enterprises, LLC, 335 F. Supp. 3d 566, 600 (S.D.N.Y. 2018) (cleaned up). This is also true of the report of expertJorge Ochoa, except for the Table of Contents and Sections 1, 1.1, 1.2, and 4 of that report. It is not clear what competi tive harm public disclosure of these sections of the report would cause. Thus, Defendant is directed to file the expert report with everything redacted but the Table of Contents and Sections 1, 1.1, 1.2, and 4. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/20/2022) (ama)
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Filing
352
CLERK'S JUDGMENT re: 351 Memorandum & Opinion in favor of Howmedica Osteonics Corporation against Andre Rouviere, Jodi Rouviere. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated December 5, 2022, Defendant's motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/6/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
351
OPINION AND ORDER re: 332 MOTION for Summary Judgment Based on Statute of Limitations. filed by Howmedica Osteonics Corporation. ENDORSEMENT: The motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to close Dkt. Nos. 332, 345. The Clerk of Court is also respectfully directed to close this case. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/5/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
325
OPINION AND ORDER re: 321 MOTION for Reconsideration re; 318 Memorandum & Opinion, Add and Terminate Parties,,,,,, 320 Order on Motion for Discovery, . filed by Andre Rouviere, Jodi Rouviere. The motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 321. (Signed by Judge Lewis J. Liman on 12/9/2021) (ate)
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Filing
320
ORDER granting in part and denying in part 319 JOINT LETTER MOTION for Discovery Request to Reset the Deadline for Deposition of Plaintiffs Engineering Expert, Dr. Jarrell. Joint request GRANTED: the parties' proposed expert discovery schedu le is ADOPTED. HOC's request for a phone conference is DENIED WITHOUT PREJUDICE. After expert discovery is complete, the parties should contact Judge Liman regarding a schedule for motion practice. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/24/2021) (jca)
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Filing
318
OPINION AND ORDER re: 178 MOTION for Summary Judgment . filed by Depuy Orthopaedics, Inc., 308 FIRST MOTION for Leave to File PLAINTIFFS' SUPPLEMENTAL EXPERT REPORTS AND RELATED ARGUMENT IN SUPPORT OF OPPOSITION TO DEPUYS MOTION FOR SUMMARY JUDGMENT . filed by Andre Rouviere, Jodi Rouviere. The Rouvieres' objection to Magistrate Judge Aaron's orders at Docket Nos. 232 and 266 is OVERRULED. The Rouvieres' motion to supplement the summa ry judgment record is GRANTED insofar as it seeks to include the supplemental Gannon and Bobst reports in the record but is DENIED insofar as it seeks additional briefing. DePuy's motion for summary judgment is GRANTED as to all claims against it. The Clerk of Court is respectfully directed to close Docket Nos. 178 and 308 and dismiss DePuy from this case. SO ORDERED. Depuy Orthopaedics, Inc. terminated. (Signed by Judge Lewis J. Liman on 9/17/2021) (kv)
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Filing
313
ORDER re: 233 Memorandum of Law in Opposition to Motion,, filed by Jodi Rouviere, 227 Declaration in Support of Motion filed by Jodi Rouviere. Plaintiffs Local Rule 56.1 statement at Dkt. No. 227 and summary judgment brief at Dkt. No. 2 33 cite deposition testimony that has not been filed on ECF. Plaintiffs are directed to file the following documents by August 27, 2021: (1) the full transcript of the August 10, 2020 deposition of Dr. Robert Buly; (2) the full transcript of the deposition of Dr. Sol Bobst; and (3) the full transcript of the deposition of Jodi Rouviere. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/25/2021) (kv)
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Filing
310
ORDER granting 309 Letter Motion for Discovery. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/10/2021) (rro)
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Filing
307
ORDER terminating 305 Motion for Discovery; terminating 306 Motion for Discovery. the Court hereby ORDERS, as follows: 1.No later than Friday, June 4, 2021, Defendants shall complete depositions of Francis Gannon, M.D., and Sol Bobst, Ph. D. 2. No later than Friday, June 25, 2021, Defendants shall serve Plaintiffs with supplemental rebuttal reports, if any. 3. No later than Friday, July 16, 2021, Plaintiffs shall complete depositions of any expert witnesses of Defendants who prepa red supplemental rebuttal reports. 4. All depositions shall be limited to three hours, and to those opinions and facts set forth in Dr. Gannon's and Dr. Bobst's supplemental reports and in Defendants' expert witnesses' rebuttals thereto. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/18/2021) (ks)
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Filing
302
ORDER granting 301 Letter Motion to Seal. Motion to Seal Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 5/13/2021) (js)
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Filing
297
ORDER: NOW, THEREFORE, it is hereby ORDERED that, no later than Tuesday, May 11, 2021, DePuy shall file (1) a public version of the Letter Opposition with any portions it seeks to file under seal redacted, and (2) a motion for leav e to file under seal those redacted portions. If no such papers are filed by that date, the Court will unseal ECF Nos. 290 through 290-6. So Ordered. (Motions due by 5/11/2021., Responses due by 5/11/2021) (Signed by Magistrate Judge Stewart D. Aaron on 5/4/2021) (js)
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Filing
296
ORDER granting in part and denying in part 287 Letter Motion for Discovery: Plaintiffs' motion, pursuant to Rules 16(b) and 37(c) of the Federal Rule of Civil Procedure, is GRANTED IN PART and DENIED IN PART. No later than May 14, 2021, Plai ntiffs may serve supplemental expert reports of Dr. Gannon and Dr. Bobst. Thereafter, the parties shall meet and confer and submit to the Court, no later than May 17, 2021, a joint letter regarding a proposed schedule for rebuttal reports and for depositions of Dr. Gannon, Dr. Bobst and any rebuttal experts. (Signed by Magistrate Judge Stewart D. Aaron on 4/29/2021) (Aaron, Stewart)
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Filing
293
ORDER: On Wednesday, April 28, 2021, at 2:00 p.m. EDT, the Court will hold a telephonic oral argument regarding Plaintiffs' pending motion to modify the current scheduling order, pursuant to Rule 16(d) of the Federal Rules of Civil Procedu re, to permit the submission of supplemental expert reports. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. In addition, it is hereby ORDERED, as follows: No lat er than Friday, April 23, 2021, DePuy shall file a letter setting forth whether "DePuy's counsel and Plaintiffs agreed that DePuy would provide copies to Plaintiff of any records or materials obtained pursuant to the signed release p rovided to DePuy's counsel," as set forth in Plaintiffs' Motion (see Pls.' Mot., ECF No. 287, at 2 n.3.); and No later than Friday, April 23, 2021, Plaintiffs shall file proof regarding the agreement they assert was mad e, as set forth in paragraph 1 above (e.g., copies of correspondence, sworn declaration, etc.). (Oral Argument set for 4/28/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 4/19/2021) (js)
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Filing
289
ORDER granting 288 Letter Motion for Discovery. Request Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/2/2021) (js)
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Filing
272
ORDER granting 268 Letter Motion for Discovery; granting 271 Letter Motion for Discovery. The briefing schedule set forth in the letter motions at Dkt. Nos. 268, 271 is GRANTED. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/7/21) (yv)
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Filing
266
ORDER denying 244 Motion for Reconsideration: Plaintiffs' motion, pursuant to Rule 59(e) of the Federal Rule of Civil Procedure and Local Civil Rule 6.3, requesting the Court to alter, amend or set aside its November 24 Order is DENIED. (Signed by Magistrate Judge Stewart D. Aaron on 12/19/2020) (Aaron, Stewart)
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Filing
247
ORDER with respect to 246 Letter Motion for Discovery: Local Civil Rule 6.3, which is applicable to motions for reconsideration, states: "The time periods for the service of answering and reply memoranda, if any, shall be governed by Local C ivil Rule 6.1(a) or (b), as in the case of the original motion." Here, since the original motion was discovery-related, the time period under Local Civil Rule 6.1(a) shall apply, such that answering papers are due within seven days and reply papers are due two days thereafter. The parties of course may consent to a modification of this schedule, or seek an extension of time for good cause shown. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 12/7/2020) (Aaron, Stewart)
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Filing
237
ORDER granting 236 Letter Motion to Seal. ENDORSEMENT: Request GRANTED nunc pro tunc. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/25/2020) (kl)
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Filing
232
ORDER granting 214 Letter Motion: DePuy's motion to strike the DePuy-related opinions offered by Jarrell is GRANTED. (Signed by Magistrate Judge Stewart D. Aaron on 11/24/2020) (Aaron, Stewart)
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Filing
221
ORDER granting 219 Letter Motion to Seal. Request GRANTED. ECF No. 218 shall be placed under seal. No later than 12/1/2020, Plaintiffs shall either (1) respond to Howmedica's request that "Plaintiffs should be ordered to reimburse rea sonable fees and costs incurred by [Howmedica] in connection with its efforts to remedy Plaintiffs' wrongful disclosures," or (2) reach a reasonable accommodation with Howmedica. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 11/20/2020) (js) (Main Document 221 replaced on 11/20/2020) (kl). Modified on 11/20/2020 (kl).
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Filing
217
ORDER: It is hereby ORDERED that the documents that the Court provisionally had placed under seal (i.e., ECF Nos. 158, 179, 182, 188, 203) shall remain under seal. No later than November 30, 2020, Howmedica shall redact any confidential information from each of these filings and file on the public docket redacted versions of each of these filings. The Court thereafter shall review the publicly filed versions to ensure that Howmedica was not over-inclusive in its redactions. (And as further set forth in the Order.) (Signed by Magistrate Judge Stewart D. Aaron on 11/14/2020) (Aaron, Stewart)
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Filing
200
ORDER re: 199 Response to Motion, filed by Howmedica Osteonics Corporation: The Court has placed Plaintiffs' Letter Motion filed at ECF No. 198 under seal. No later than Monday, 11/2/2020, Plaintiffs shall re-file on the public docket their Letter Motion with the name of the engineer expert redacted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/31/2020) (Aaron, Stewart)
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Filing
195
ORDER granting 169 Letter Motion to Seal: Defendant Howmedica's motion to seal the documents filed at ECF Nos. 171 to 174, 181 and 190 to 192 is GRANTED with conditions. No later than 11/13/2020, Howmedica shall redact any confidential inform ation from each of these filings (including the filings made by Plaintiffs) and file on the public docket redacted versions of each of these filings. The Court thereafter shall review the publicly filed versions to ensure that Howmedica was not over-inclusive in its redactions. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/25/2020) (Aaron, Stewart)
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Filing
167
ORDER granting in part and denying in part 163 Letter Motion to Compel: Defendants' request is GRANTED IN PART and DENIED IN PART. As soon as possible, Plaintiffs shall ship the tissue specimens via FedEx or other recognized overnight courie r service to HOC's counsel. The Court declines to adjourn the deposition of Dr. Gannon and declines to extend any deadlines; provided, however, that if the subject slides are not received by HOC's counsel by Tuesday, 10/13/2020, Defendants may renew their request for such relief. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/9/2020) (Aaron, Stewart)
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Filing
162
ORDER denying without prejudice 151 Letter Motion for Discovery. Following a telephone conference with the parties, and for the reasons stated on the record, Defendants' request that Plaintiffs be prohibited from relying on documents produced on the final day of discovery isDenied without Prejudice. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 9/29/2020) (js)
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Filing
157
ORDER denying 154 Letter Motion for Extension of Time to File: Based upon the record currently before the Court, Plaintiffs' request is DENIED. Plaintiffs have not provided an adequate showing of cause to justify their eleventh-hour request. For example, Plaintiffs do not state when they first consulted with the "engineer" expert, when they first retained him/her and/or what work product, if any, (s)he created. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/18/2020) (Aaron, Stewart)
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Filing
150
ORDER denying 147 Letter Motion for Discovery: Defendant Howmedica's Letter Motion for a Protective Order forbidding Plaintiffs from taking the remote deposition of Jack Jieafa is DENIED. The deposition shall proceed on 8/21/2020, but shall be limited to 90 minutes. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/18/2020) (Aaron, Stewart)
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Filing
146
ORDER with respect to 145 Letter Motion for Discovery: For clarification, Plaintiffs may inquire at the August 7 deposition regarding Biolox Head-related topics to the extent that such topics overlap with topics regarding the Summit Stem (e.g., C ourt Category No. 5, ECF No. 115). Otherwise, as set forth in my prior Order (ECF No. 144), Biolox Head-related topics are to be addressed in the second deposition. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/6/2020) (Aaron, Stewart)
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Filing
144
ORDER granting 141 Letter Motion to Compel: Plaintiffs' Letter Motion is GRANTED. DePuy's offer to have its 30(b)(6) designee testify with respect to the Biolox Head only on certain topics (see DePuy Ltr. Resp., ECF No. 142, at 4 (refer encing categories 1, 2, 5, 7, 10, 11 and 12)), but not others, smacks of "cherry-picking." DePuy has not established an undue burden in having its designee testify about the remaining topics. Thus, the Court, in its discretion, hereby ORDER S that DePuy shall have a witness testify regarding the topics included in Plaintiffs' Second Amended Notice of Video Deposition (ECF No. 141-1, Ex. A). However, in order to ensure that DePuy has adequate time to prepare its witness to testify a bout the Biolox Head-related topics, DePuy has the option of notifying Plaintiffs' counsel no later than 12 noon EST on Tuesday, 8/4/2020, that it wishes to have its witness testify about those topics by remote deposition on a different, mutuall y agreeable later date within the Court-prescribed deadline, in which case such deposition shall not exceed one hour, with the time spent in both depositions counting against Plaintiffs' prescribed allotment. Thus, if DePuy exercises its option, and Plaintiffs' counsel intends to ask questions regarding the Biolox-Head-related topics, he must ensure that he leaves himself time to do so. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/1/2020) (Aaron, Stewart)
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Filing
140
ORDER denying 135 Letter Motion to Compel: Plaintiffs Letter Motion (ECF No. 135) is DENIED. The deposition of Howmedica's corporate representative(s) shall be taken by videoconference no later than August 21, 2020, and shall not exceed eight hours in duration. Plaintiffs and Howmedica shall share the additional expenses of taking the deposition remotely by videoconference, as set forth in the Order. (Signed by Magistrate Judge Stewart D. Aaron on 7/11/2020) (Aaron, Stewart)
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Filing
120
ORDER: IT IS, on this 10th day of June, 2020, ORDERED that the following are the deposition topics as to which an HOC witness or witnesses shall testify: Written materials or warnings that accompanied the MDM (including the Instructions for Use) during the period 2010 to 2017. The packaging, labeling and marketing of the MDM during the period 2010 to 2017. Any recalls initiated regarding the MDM. The history of the perfor mance of the MDM, including any reports of defects, failures or other adverse events. The intended, permitted or foreseeable use of the MDM within any other hip system, device or components, whether manufactured by HOC or any other manufacturer, and whether or not communicated to or authorized by the FDA or any other oversight authority. Any reactions caused by use and/or corrosion of the MDM, including hypersensitivit y, foreign body reaction, metal toxicity and allergic reactions. Any coatings used or considered for use on the MDM. The 510(k) application and approval process for the MDM. Failure rates associated with the MDM. The Design History File for the MDM and the information contained therein. Use of the MDM with components designed, manufactured and sold by other medical device manufacturers. Testing and/or analyses done on the MDM. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 6/10/2020) (js)
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Filing
115
ORDER granting in part and denying in part 108 Letter Motion for Discovery: DePuy's motion for a protective order is GRANTED IN PART and DENIED IN PART. The DePuy Rule 30(b)(6) witness or witnesses shall testify about the 12 categories enumerated in this Order. (Signed by Magistrate Judge Stewart D. Aaron on 6/3/2020) (Aaron, Stewart)
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Filing
104
ORDER denying 101 Letter Motion to Compel: Plaintiffs motion to compel further responses to their interrogatories is DENIED. (Signed by Magistrate Judge Stewart D. Aaron on 3/7/2020) (Aaron, Stewart)
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