Laukka et al v. Zimmer, Inc. et al
| Suzanne Laukka and Donald Laukka |
| Zimmer Inc. and Zimmer Holdings Inc. |
| 1:2018cv09774 |
| October 24, 2018 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 pi |
| Both |
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Filing 25
ORDER, The Court issues this Order to, among other things, (1) adopt Plaintiffs' Leadership Structure; (2) establish direct filing; and (3) set a schedule for initial case management orders. On November 12, 2018, on behalf of the plaintiffs, Temporary Lead Counsel submitted Plaintiffs' proposed permanent leadership structure. This leadership structure included the following as further set forth in this Order. Plaintiffs' Executive Committee shall submit a proposed order defining the authority, duties, and responsibilities of counsel, including specific guidelines and rules regarding staffing, fees, expenses, and billing records, on or before January 22, 2019. The Parties will submit a direct filing order as described in Section III(a) below on or before January 21, 2019. On or before January 21, 2019, counsel for the Zimmer Defendants and Plaintiffs' Executive Committee shall meet and confer and submit joint proposed case management orders as further set forth in this Order. The Court refers the case for any desired settlement discussions with the Court to Magistrate Judge Debra C. Freeman. (Dkt. 28.) No action regarding settlement is ordered at this time, but the parties may contact Magistrate Judge Freeman should they wish to begin settlement discussions at some point in the future. The Court will conduct the next Status Conference on January 29, 2019, at 11:00 a.m. in Courtroom 14-C of the Daniel Patrick Moynihan United State Courthouse, 500 Pearl Street, New York, New York 10007. Counsel should check in with the Courtroom Deputy at least fifteen minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the Courtroom may not be reserved. In advance of each future Status Conference, counsel for the Zimmer Defendants and Plaintiffs' Executive Committee shall meet and confer regarding the agenda for the Conference. No later than five (5) days prior to each Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the parties' tentative agenda and the parties' proposals on those issues (and, to the extent applicable, submitting any proposed orders-joint or otherwise-in accordance with Section VI below). SO ORDERED. (Status Conference set for 1/29/2019 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Jesse M. Furman on 12/13/18) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra C. Freeman. Please note that this is a reassignment of the designation only. Filed In Associated Cases: 1:18-md-02859-PAC et al.(sjo) |
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Filing 24
ORDER, It appearing that the civil actions listed on Schedule A, attached hereto - which were transferred to this Court by the October 3, 2018 Order of the Judicial Panel on Multidistrict Litigation ("JPML") (MDL Docket No. 1 ("MDL")) merit special attention as complex litigation, it is hereby ORDERED that: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its October 3, 2018 Order; (2) all related actions involving Zimmer defendants ("Zimmer") and concerning actions for damages stemming from an alleged defect in the Zimmer M/L Taper Hip Prosthesis ("M/L Taper") or the Zimmer M/L Taper Hip Prosthesis with Kinectiv Technology ("Kinectiv"), when either is paired with the Versys Hip System Femoral Head, that are filed in the Southern District of New York and have previously been or will be transferred to MDL-2859; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tagalong" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. Defense counsel shall confer and advise the Court, no later than November 12, 2018, by joint letter, not to exceed three pages, whether they will stipulate that they will not object, based on improper venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applicable to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. 1804(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. 1391, after considering the recommendations of the parties to that case. All orders, pleadings, motions, and other documents served or filed in 18-MD-2859 shallbear the following caption as further set forth in this Order. All papers filed in any of these cases shall be docketed on the MDL docket and on the docket of each individual case to which it pertains. The Clerk of Court is directed to open a master case file bearing docket number 18-MC-2859. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation." For administrative purposes only, in 18-MC-2859, Plaintiffs shall be listed as "Zimmer MDL Plaintiffs," and Defendants shall be listed as "Zimmer MDL Defendants." There will be no appearances entered unless and until the Court orders otherwise. The Clerk of Court is directed to transfer Docket No. 1 (Transfer Order) from 18-MD- 2859 to 18-MC-2859, to be followed by this Order (Order No. 1). This Order shall also be docketed in 18-MD-2859, and all matters consolidated therewith. This Order and all subsequent entries docketed in 18-MC-2859 are to be docketed simultaneously in 18-MD-2859. The Court will conduct an Initial Conference on December 6, 2018, at 11 a.m., in Courtroom 14-C at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Counsel shall check in with the Courtroom Deputy at least fifteen minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the courtroom may not be reserved. To facilitate the Court's consideration of those issues, the Court hereby designates the following as temporary lead counsel for Plaintiffs ("Temporary Lead Counsel") as further set forth in this Order. Temporary Lead Counsel shall confer with other Plaintiffs' counsel and, no later than November 12, 2018, submit a letter to the Court, not to exceed five pages, setting forth the following information in separate sections as further set forth in this Order. If Defendants wish to be heard on these matters, they may jointly file a letter in response, no later than November 19, 2018, and not to exceed five pages. Temporary Lead Counsel and defense counsel shall file these letters in both 18-MD-2859 and 18-MC-2859. No later than November 27, 2018, Plaintiffs (through Temporary Lead Counsel) and Defendants shall submit to the Court status letters (that is, one letter on behalf of all Plaintiffs and one letter on behalf of all Defendants) setting forth the following information in separate paragraphs as further set forth in this Order. Each letter shall not exceed ten single-spaced pages (exclusive of the lists, which may be provided as attachments) and shall be filed as a letter on ECF. Counsel shall file the letters in both 18-MD-2859 and 18-MC-2859 as further set forth in this Order. This Order vacates any case management or scheduling order issued by a court prior to the transfer of a case to l8-MD-2859. Pending the Initial Conference and further orders of this Court, all deadlines in this action (except those set forth herein), including defendants' time to respond to any of the complaints and all discovery deadlines, are stayed. This Order does not, however, preclude the provision of voluntary discovery by any party. Any and all pending motions in the transferor courts are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by this Court. Pending the development of a fair and efficient schedule, all outstanding discovery proceedings are suspended until further order of this Court, and no further discovery shall be initiated. This directive does not as further set forth in this Order. No motion shall be filed under Rule 11, Rule 37, or Rule 56 without the Court's approval. To obtain such approval, the movant shall file a letter-motion on ECF seeking a premotion conference with the Court. No motion (other than under Rule 12) shall be filed unless it includes a certification that the movant has conferred with opposing parties and made a good faith effort to resolve the matter without court action. For ease of reference, the following chart summarizes the submissions to be made in advance of the December 6, 2018 initial conference as further set forth in this Order. As noted above, all of those submissions shall be filed in both 18-MD-2859 and 18-MC-2859. As of today's date, all actions listed on Schedule A have not yet been transferred to this Court. Accordingly, it is hereby ORDERED that, no later than November 2, 2018, counsel for Zimmer shall serve this Order electronically on counsel for all parties in all such actions and file proof of such service forthwith. So Ordered. (Initial Conference set for 12/6/2018 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 10/26/18) Filed In Associated Cases: 1:18-md-02859-PAC et al. (yv) Transmission to Attorney Services/Help Desk. Transmission to Docket Assistant Clerk for processing.
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| Filing 23 MDL TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:18-cv-01305. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-md-02859-PAC. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (sjo) |
| Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
| Filing 22 CERTIFIED COPY OF TRANSFER ORDER transferring case to the Southern District of New York per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Paul A. Crotty. (AKL) [Transferred from Minnesota on 10/24/2018.] |
| Filing 21 RULE 7.1 DISCLOSURE STATEMENT. Defendant Zimmer, Inc. states that it is an indirect, wholly-owned subsidiary of Zimmer Biomet Holdings, Inc., a publicly-held corporation. No other publicly-held company owns 10% or more of Zimmer, Inc.'s stock. Zimmer, Inc. is not aware of any publicly-owned company that is not a party to this case that has a financial interest in its outcome. (Watkins, Ll) Modified text on 9/25/2018 (lmb). [Transferred from Minnesota on 10/24/2018.] |
| Filing 20 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Zimmer Holdings, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/24/2018.] |
| Filing 19 Minute Entry for proceedings held before Judge Donovan W. Frank & Magistrate Judge David T. Schultz: Status Conference held on 9/4/2018. (Court Reporter Lynne Krenz) (las) [Transferred from Minnesota on 10/24/2018.] |
| Filing 18 NOTICE of Appearance by Anthony Finnell, Jr on behalf of Zimmer Holdings, Inc., Zimmer, Inc.. (Finnell, Anthony) [Transferred from Minnesota on 10/24/2018.] |
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Filing 17
TEXT ONLY ENTRY: ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney James Stephen Bennett for Zimmer Holdings, Inc. and for Zimmer, Inc.. Approved by Magistrate Judge David T. Schultz on 8/31/2018. (JGK) [Transferred from Minnesota on 10/24/2018.]
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| Filing 16 MOTION for Admission Pro Hac Vice for Attorney James Stephen Bennett. Filing fee $ 100, receipt number AMNDC-6343231 filed by Zimmer Holdings, Inc., Zimmer, Inc.. (Biel, Elisha) [Transferred from Minnesota on 10/24/2018.] |
| Filing 15 NOTICE of Appearance with attached Certificate of Service by Elisha C. Biel on behalf of Zimmer Holdings, Inc., Zimmer, Inc. (Biel, Elisha) Modified text on 8/22/2018 (MMP). [Transferred from Minnesota on 10/24/2018.] |
| Filing 14 **CORRECTED** TEXT ONLY NOTICE of Setting Hearing: A Joint Status Conference set for 9/4/2018 at 03:30 PM in Courtroom 7C (STP) before Magistrate Judge David T. Schultz and Judge Donovan W. Frank. The Pretrial Conference set for 09/27/2018 has been cancelled.(las) [Transferred from Minnesota on 10/24/2018.] |
| Filing 13 ENTRY FILED IN ERROR//TEXT ONLY NOTICE of Setting Hearing: A Joint Status Conference is set for 9/24/2018 at 03:30 PM in Courtroom 7C (STP) before Magistrate Judge David T. Schultz and Judge Donovan W. Frank. The Pretrial Conference set for 09/27/2018 has been cancelled.(las) Modified text on 8/20/2018 (JDF). [Transferred from Minnesota on 10/24/2018.] |
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Filing 12
NOTICE OF AND ORDER FOR PRETRIAL CONFERENCE: Pretrial Conference set for 9/27/2018 at 08:30 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 8/14/2018. (Attachments: #1 Consent) Associated Cases: 0:18-cv-01304-DWF-DTS et al.(KMH) [Transferred from Minnesota on 10/24/2018.]
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| Filing 11 Defendants' ANSWER to Complaint filed by Zimmer Holdings, Inc., Zimmer, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/24/2018.] |
| Filing 10 NOTICE of Appearance by Ll Rhyddid Watkins on behalf of Zimmer Holdings, Inc., Zimmer, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/24/2018.] |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Suzanne Laukka, Donald Laukka. Zimmer Holdings, Inc. waiver sent on 5/14/2018, answer due 7/13/2018; Zimmer, Inc. waiver sent on 5/14/2018, answer due 7/13/2018. (Raso, Ashleigh) [Transferred from Minnesota on 10/24/2018.] |
| Filing 8 DOCUMENT FILED IN ERROR-WILL REFILE. WAIVER OF SERVICE Returned Executed filed by Suzanne Laukka, Donald Laukka. Zimmer Holdings, Inc. waiver sent on 5/29/2018, answer due 7/30/2018; Zimmer, Inc. waiver sent on 5/29/2018, answer due 7/30/2018. (Raso, Ashleigh) Modified text on 6/1/2018 (lmb). [Transferred from Minnesota on 10/24/2018.] |
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Filing 7
ORDER OF REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Donovan W. Frank and Magistrate Judge David T. Schultz for all further proceedings. Judge Michael J. Davis, Magistrate Judge Katherine M. Menendez no longer assigned to case. NOTE: the new case number is 18cv1305 DWF/DTS. Please use this case number for all subsequent pleadings. Signed by Judge Donovan W. Frank on 5/17/2018 and Judge Michael J. Davis on 5/21/18.(AKL) [Transferred from Minnesota on 10/24/2018.]
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Filing 6
TEXT ONLY ENTRY: ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Joseph A. Osborne for Donald Laukka and Suzanne Laukka. Approved by Magistrate Judge Katherine M. Menendez on 5/15/2018. (AKL) [Transferred from Minnesota on 10/24/2018.]
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| Filing 5 MOTION for Admission Pro Hac Vice for Attorney Joseph Osborne. Filing fee $ 100, receipt number AMNDC-6109882 filed by Donald Laukka, Suzanne Laukka. (Raso, Ashleigh) [Transferred from Minnesota on 10/24/2018.] |
| Filing 4 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Joseph A. Osborne as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (ACH) [Transferred from Minnesota on 10/24/2018.] |
| Filing 3 Summons Issued as to Zimmer Holdings, Inc., Zimmer, Inc. (ACH) [Transferred from Minnesota on 10/24/2018.] |
| Filing 2 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per 3rd/4th Master list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 18-cv-1305 MJD/KMM. (ACH) [Transferred from Minnesota on 10/24/2018.] |
| Filing 1 COMPLAINT against Zimmer Holdings, Inc., Zimmer, Inc. (filing fee $ 400, receipt number AMNDC-6104819) filed by Suzanne Laukka, Donald Laukka. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Raso, Ashleigh) [Transferred from Minnesota on 10/24/2018.] |
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