Ness et al v. Zimmer, Inc. et al
| David Ness and Kathy Ness |
| Zimmer Inc. and Zimmer Holdings Inc. |
| 1:2018cv10001 |
| October 30, 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 |
Docket Report
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Filing 23
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) |
| Filing 22 MDL TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:18-cv-01326. 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) |
| 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) |
| CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (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 21 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 10/30/2018.] |
| Filing 20 RULE 7.1 DISCLOSURE STATEMENT. Zimmer Biomet Holdings, Inc., f/k/a Zimmer Holdings, Inc. is a corporate parent of Defendant Zimmer, Inc.. Zimmer, Inc. is a wholly-owned subsidiary of Defendant Zimmer, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/30/2018.] |
| Filing 19 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 10/30/2018.] |
| Filing 18 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 10/30/2018.] |
| Filing 17 NOTICE of Appearance by Anthony Finnell, Jr on behalf of Zimmer Holdings, Inc., Zimmer, Inc.. (Finnell, Anthony) [Transferred from Minnesota on 10/30/2018.] |
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Filing 16
TEXT ONLY ENTRY: ORDER granting #15 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 10/30/2018.]
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| Filing 15 MOTION for Admission Pro Hac Vice for Attorney James Stephen Bennett. Filing fee $ 100, receipt number AMNDC-6343260 filed by Zimmer Holdings, Inc., Zimmer, Inc.. (Biel, Elisha) [Transferred from Minnesota on 10/30/2018.] |
| Filing 14 NOTICE of Appearance by Elisha C. Biel on behalf of Zimmer Holdings, Inc., Zimmer, Inc.. (Biel, Elisha) [Transferred from Minnesota on 10/30/2018.] |
| Filing 13 **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 10/30/2018.] |
| Filing 12 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 10/30/2018.] |
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Filing 11
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 10/30/2018.]
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| Filing 10 Defendants' ANSWER to Complaint filed by Zimmer Holdings, Inc., Zimmer, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/30/2018.] |
| Filing 9 NOTICE of Appearance by Ll Rhyddid Watkins on behalf of Zimmer Holdings, Inc., Zimmer, Inc.. (Watkins, Ll) [Transferred from Minnesota on 10/30/2018.] |
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Filing 8
ORDER OF REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Donovan W. Frank and Magistrate Judge David T. Schultz for all further proceedings. Judge Patrick J. Schiltz, Magistrate Judge Leo I. Brisbois no longer assigned to case. NOTE: the new case number is 18-cv-1326 DWF/DTS. Please use this case number for all subsequent pleadings. Signed by Judge Donovan W. Frank and Judge Patrick J. Schiltz on 5/23/2018. (MMG) [Transferred from Minnesota on 10/30/2018.]
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| Filing 7 SUMMONS Returned Executed by David Ness, Kathy Ness. Zimmer Holdings, Inc. served on 5/22/2018, answer due 6/12/2018; Zimmer, Inc. served on 5/22/2018, answer due 6/12/2018. (Raso, Ashleigh) [Transferred from Minnesota on 10/30/2018.] |
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Filing 6
TEXT ONLY ENTRY: ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Joseph A. Osborne for David Ness and Kathy Ness. Approved by Magistrate Judge Leo I. Brisbois on 5/15/2018. (AKL) [Transferred from Minnesota on 10/30/2018.]
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| Filing 5 MOTION for Admission Pro Hac Vice for Attorney Joseph Osborne. Filing fee $ 100, receipt number AMNDC-6109897 filed by David Ness, Kathy Ness. (Raso, Ashleigh) [Transferred from Minnesota on 10/30/2018.] |
| Filing 4 Summons Issued as to Zimmer Holdings, Inc., Zimmer, Inc. (lmb) [Transferred from Minnesota on 10/30/2018.] |
| Filing 3 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Patrick J. Schiltz per Civil (6th Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 18-cv-1326 (PJS/LIB). (lmb) [Transferred from Minnesota on 10/30/2018.] |
| Filing 2 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#. (lmb) [Transferred from Minnesota on 10/30/2018.] |
| Filing 1 COMPLAINT against Zimmer Holdings, Inc., Zimmer, Inc. (filing fee $ 400, receipt number AMNDC-6109086) filed by David Ness, Kathy Ness. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) Notice of Related Cases) (Raso, Ashleigh) [Transferred from Minnesota on 10/30/2018.] |
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