Gabler et al v. Zimmer Biomet Holdings, Inc. et al
| David C Gabler and Wendy Gabler |
| Zimmer Biomet US, Inc., Zimmer Biomet Holdings, Inc. and Zimmer Biomet Inc. |
| 1:2018cv10194 |
| November 2, 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 pl |
| Both |
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Filing 21
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 20 MDL TRANSFERRED IN from the United States District Court - District of Minnesota; Case Number: 0:18-cv-01921. 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 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) |
| Case Designated ECF. (sjo) |
| Filing 19 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-1) 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 11/2/2018.] |
| Filing 18 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant Zimmer Biomet Holdings, Inc.. (Watkins, Ll) [Transferred from Minnesota on 11/2/2018.] |
| Filing 17 RULE 7.1 DISCLOSURE STATEMENT. Defendant Zimmer US, 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 US, Inc.s stock. Zimmer US, 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 on 9/24/2018 (kt). [Transferred from Minnesota on 11/2/2018.] |
| Filing 16 Defendants' ANSWER to Complaint filed by Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (Watkins, Ll) [Transferred from Minnesota on 11/2/2018.] |
| Filing 15 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 11/2/2018.] |
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Filing 14
TEXT ONLY ENTRY: ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney James Stephen Bennett for Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc. and for Zimmer Biomet, Inc.. Approved by Magistrate Judge David T. Schultz on 8/31/2018. (JGK) [Transferred from Minnesota on 11/2/2018.]
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| Filing 13 NOTICE of Appearance by Anthony Finnell, Jr on behalf of Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (Finnell, Anthony) [Transferred from Minnesota on 11/2/2018.] |
| Filing 12 MOTION for Admission Pro Hac Vice for Attorney James Stephen Bennett. Filing fee $ 100, receipt number AMNDC-6343115 filed by Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (Biel, Elisha) [Transferred from Minnesota on 11/2/2018.] |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by David C Gabler, Wendy Gabler. Zimmer Biomet Holdings, Inc. waiver sent on 7/11/2018, answer due 9/10/2018; Zimmer Biomet US, Inc. waiver sent on 7/11/2018, answer due 9/10/2018; Zimmer Biomet, Inc. waiver sent on 7/11/2018, answer due 9/10/2018. (Pittner, Laura) [Transferred from Minnesota on 11/2/2018.] |
| Filing 10 NOTICE of Appearance by Elisha C. Biel on behalf of Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (Biel, Elisha) [Transferred from Minnesota on 11/2/2018.] |
| Filing 9 NOTICE of Appearance by Ll Rhyddid Watkins on behalf of Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (Watkins, Ll) [Transferred from Minnesota on 11/2/2018.] |
| Filing 8 **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 11/2/2018.] |
| Filing 7 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 11/2/2018.] |
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Filing 6
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 11/2/2018.]
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Filing 5
Order of Reassignment of Related Cases. This case is reassigned to Judge Donovan W. Frank and Magistrate Judge David T. Schultz for all further proceedings. Senior Judge Paul A. Magnuson, Magistrate Judge Tony N. Leung no longer assigned to case. NOTE: the new case number is 18-cv-1921 (DWF/DTS). Please use this case number for all subsequent pleadings. Signed by Judge Donovan W. Frank and Judge Paul A. Magnuson on 7/17/2018. (MMP) [Transferred from Minnesota on 11/2/2018.]
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| Filing 4 Summons Issued as to Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet, Inc.. (kt) [Transferred from Minnesota on 11/2/2018.] |
| Filing 3 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Paul A. Magnuson per 3rd/4th Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 18-cv-1921 PAM/TNL. (kt) [Transferred from Minnesota on 11/2/2018.] |
| Filing 2 NOTICE by David C Gabler, Wendy Gabler re #1 Complaint, Notice of Related Case (Pittner, Laura) [Transferred from Minnesota on 11/2/2018.] |
| Filing 1 COMPLAINT against ZIMMER BIOMET US, INC., ZIMMER BIOMET, INC., Zimmer Biomet Holdings, Inc. (filing fee $ 400, receipt number AMNDC-6216381) filed by David C Gabler, Wendy Gabler. Filer requests summons issued. (Attachments: #1 Civil Cover Sheet) (Pittner, Laura) [Transferred from Minnesota on 11/2/2018.] |
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