Fick v. Zimmer US, Inc. et al
| Robert Fick |
| Zimmer Inc., Zimmer Holdings Inc., Zimmer US, Inc. and Zimmer Surgical, Inc. |
| 1:2018cv10809 |
| November 19, 2018 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Plaintiff |
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Filing 12
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 11 MDL TRANSFERRED IN from the United States District Court - District of North Carolina Middle; Case Number: 1:18-cv-00863. Original file certified copy of transfer order and docket entries received. (sjo0 |
| 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 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 10 MDL TRANSFER LETTER to individual courts and counsel of record re: Conditional Transfer Order (CTO-2) transferring this action to the Southern District of New York. (Sheets, Jamie) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 9 CONDITIONAL TRANSFER ORDER (CTO-2) re: MDL 2859 transferring this action to the Southern District of New York for the reasons stated in the Order of 11/1/2018. Received and filed on 11/14/2018. (Sheets, Jamie) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by ROBERT FICK. ZIMMER INC. waiver sent on 10/12/2018, answer due 12/11/2018. (BUTCHER, WHITNEY) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 7 WAIVER OF SERVICE Returned Executed by ROBERT FICK. ZIMMER US, INC. waiver sent on 10/12/2018, answer due 12/11/2018. (BUTCHER, WHITNEY) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by ROBERT FICK. ZIMMER SURGICAL, INC. waiver sent on 10/12/2018, answer due 12/11/2018. (BUTCHER, WHITNEY) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by ROBERT FICK. ZIMMER HOLDINGS, INC. waiver sent on 10/12/2018, answer due 12/11/2018. (BUTCHER, WHITNEY) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 4 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form)(Coyne, Michelle) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 3 Summons Issued as to ZIMMER HOLDINGS, INC., ZIMMER INC., ZIMMER SURGICAL, INC., ZIMMER US, INC. (Attachments: #1 Zimmer US, #2 Zimmer Holdings, #3 Zimmer Surgical)(Coyne, Michelle) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 2 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) [Transferred from North Carolina Middle on 11/19/2018.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2442339.), filed by Robert Fick. (Attachments: #1 Civil Cover Sheet)(BUTCHER, WHITNEY) [Transferred from North Carolina Middle on 11/19/2018.] |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) [Transferred from North Carolina Middle on 11/19/2018.] |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle) [Transferred from North Carolina Middle on 11/19/2018.] |
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