Myrick v. Zimmer Inc et al
| Rita B Myrick |
| Zimmer Inc., Zimmer US, Inc. and Zimmer Biomet Holdings, Inc. |
| 1:2018cv10644 |
| November 15, 2018 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pi |
| Both |
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This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.
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Filing 32
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 31 MDL TRANSFERRED IN from the United States District Court - District of Maine; Case Number: 2:17-cv-00480. Original file certified copy of transfer order and docket entries received. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (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) |
| 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 30 MDL CERTIFIED TRANSFER ORDER (akr) Modified on 11/2/2018 from conditional to certified transfer order (mlm). [Transferred from Maine on 11/15/2018.] |
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Filing 29
STIPULATED PROTECTIVE ORDER granting #28 Motion for Confidentiality Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) [Transferred from Maine on 11/15/2018.]
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| Filing 28 MOTION for Confidentiality Order (Stipulated) by ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC Responses due by 8/13/2018. (Attachments: #1 Stipulated Protective Order)(MEYER, PETER) [Transferred from Maine on 11/15/2018.] |
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Filing 27
COORDINATED SCHEDULING ORDER By MAGISTRATE JUDGE JOHN C. NIVISON. (akr) [Transferred from Maine on 11/15/2018.]
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| Filing 26 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Julie Edgecomb) (MFS) [Transferred from Maine on 11/15/2018.] |
| Filing 25 NOTICE of Hearing: Telephone Conference set for 6/6/2018 at 3:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's conference number.(MFS) [Transferred from Maine on 11/15/2018.] |
| Filing 24 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. A further telephone conference has been scheduled for 6/6/2018 at 3:00 p.m. (Court Reporter: Melissa Merenberg) (MFS) [Transferred from Maine on 11/15/2018.] |
| Filing 23 NOTICE of Hearing: Telephone Conference set for 5/21/2018 at 3:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. Counsel have been provided with the Court's conference number.(MFS) [Transferred from Maine on 11/15/2018.] |
| Filing 22 NOTICE of Telephone Conference set for 5/9/2018 at 2:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON to discuss scheduling order deadlines and discovery parameters. All counsel have been provided with the Court's conference number. (CWP) [Transferred from Maine on 11/15/2018.] |
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Filing 21
AMENDED SCHEDULING ORDER granting #20 Objection to Scheduling Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP) [Transferred from Maine on 11/15/2018.]
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| reset Scheduling Order Deadlines - : Discovery due by 8/24/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 4/1/2019. Motions due by 5/10/2019. Ready for Trial on 6/3/2019. (CWP) [Transferred from Maine on 11/15/2018.] |
| Filing 20 Joint OBJECTION to #19 Scheduling Order, with Proposed Discovery Plan filed by RITA B MYRICK. Responses due by 3/9/2018. (MCNABB, KELLY) [Transferred from Maine on 11/15/2018.] |
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Filing 19
SCHEDULING ORDER: Discovery due by 6/15/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 6/22/2018. Motions due by 7/6/2018. Ready for Trial on 9/4/2018. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP) [Transferred from Maine on 11/15/2018.]
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| Filing 18 Defendants' Affirmative Defenses and ANSWER to #1 Complaint,, with Jury Demand by ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC.(TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 17 CERTIFICATION for Admission Pro Hac Vice of Peter A. Meyer filed by CHRISTOPHER C. TAINTOR on behalf of ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC (Total admission fee $ 100 receipt number 0100-1786849.) (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 16 CERTIFICATION for Admission Pro Hac Vice of Jori M. Loren filed by CHRISTOPHER C. TAINTOR on behalf of ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC (Total admission fee $ 100 receipt number 0100-1786840.) (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 15 CERTIFICATION for Admission Pro Hac Vice of James Stephen Bennett filed by CHRISTOPHER C. TAINTOR on behalf of ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC (Total admission fee $ 100 receipt number 0100-1786834.) (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
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Filing 14
ORDER granting #13 Motion to Extend Time to File Response to Plaintiff's Complaint. Time is extended to January 26, 2018. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) [Transferred from Maine on 11/15/2018.]
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| Filing 13 Unopposed MOTION to Extend Time to File Answer re #1 Complaint,, by ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC Responses due by 1/10/2018. (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by ZIMMER INC. (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by ZIMMER US INC. (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by ZIMMER BIOMET HOLDINGS INC. (TAINTOR, CHRISTOPHER) [Transferred from Maine on 11/15/2018.] |
| Filing 9 NOTICE of Appearance by CHRISTOPHER C. TAINTOR and MARK G. LAVOIE on behalf of ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC (TAINTOR, CHRISTOPHER) Modified on 12/20/2017 to add Mark G. Lavoie(akr). [Transferred from Maine on 11/15/2018.] |
| Reset Answer Deadline for ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, and ZIMMER US INC : Answer due by 1/26/2018. (akr) [Transferred from Maine on 11/15/2018.] |
| Set Answer Deadline for ZIMMER INC, ZIMMER US INC, and ZIMMER BIOMET HOLDINGS INC : Answer due by 1/2/2018. (akr) [Transferred from Maine on 11/15/2018.] |
| Filing 8 AFFIDAVIT of Service by RITA B MYRICK. ZIMMER BIOMET HOLDINGS INC served on 12/12/2017. (FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 7 AFFIDAVIT of Service by RITA B MYRICK. ZIMMER US INC served on 12/12/2017. (FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 6 AFFIDAVIT of Service by RITA B MYRICK. ZIMMER INC served on 12/12/2017. (FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 5 CERTIFICATION for Admission Pro Hac Vice of Wendy R. Fleishman filed by ANTHONY K. FERGUSON on behalf of RITA B MYRICK (Total admission fee $ 100 receipt number 0100-1776359.) (FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 4 CERTIFICATION for Admission Pro Hac Vice of Kelly K. McNabb filed by ANTHONY K. FERGUSON on behalf of RITA B MYRICK (Total admission fee $ 100 receipt number 0100-1776339.) (FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 3 Summons Issued as to ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 ZIMMER US INC summons, #2 ZIMMER INC)(bfa) [Transferred from Maine on 11/15/2018.] |
| Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1776206.), filed by RITA B MYRICK.(FERGUSON, ANTHONY) [Transferred from Maine on 11/15/2018.] |
| Filing 2 CIVIL COVER SHEET. (bfa) [Transferred from Maine on 11/15/2018.] |
| Filing 1 COMPLAINT against ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by RITA B MYRICK. Fee due by 12/8/2017. (Service of Process Deadline 3/6/2018)(bfa) [Transferred from Maine on 11/15/2018.] |
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