Powell v. Zimmer US, Inc. et al
| Jackie Powell |
| Zimmer Inc., Zimmer US, Inc., Zimmer Holdings Inc. and Zimmer Orthopaedic Surgical Products, Inc. |
| 1:2018cv11264 |
| December 4, 2018 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1442 pr |
| Defendant |
Docket Report
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This docket was last retrieved on January 30, 2019. A more recent docket listing may be available from PACER.
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Filing 21
ORDER NO. 6 PLAINTIFFS' EXECUTIVE COMMITTEE AND PLAINTIFFS' STEERING COMMITTEE AUTHORITY, DUTIES AND RESPONSIBILITIES: In Order No. 2, the Court appointed the Plaintiffs' Executive Committee ("PEC") and Plaintiffs' Steering Committee ("PSC"). This Order defines the authority, duties, and responsibilities of the members of the PEC and PSC. Specific guidelines and rules for staffing, fees, expenses, and billing records is governed by Proposed Order No. 5 regarding Management of Timekeeping, Cost Reimbursement, and Related Common Benefit Issues. Nothing in this Order shall be interpreted to affect any proceedings other than those involving the authorities, duties, responsibilities, guidelines, and rules of and for plaintiffs' counsel, as discussed herein, as further set forth in this Order. (Signed by Judge Paul A. Crotty on 1/30/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. (mml)
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Filing 20
ORDER NO. 5 MANAGEMENT OF TIMEKEEPING, COST REIMBURSEMENT AND RELATEDCOMMON BENEFIT ISSUES: The Court hereby adopts the following guidelines for (a) tasks performed for the common benefit of all plaintiffs ("Common Benefit Work") and (b) time expended, or expenses incurred, in performing Common Benefit Work ("Common Benefit Expenses"), which shall be compensated from the Common Benefit Fund ONLY in accordance with the rules set forth in this Order. (Signed by Judge Paul A. Crotty on 1/30/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. (mml)
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Filing 19
ORDER NO. 4 WEBSITE ORDER: Counsel need to ensure that the Website is compatible with the Electronic Case Filing (ECF) system in place in this court. The Website should contain appropriate linkages to information available through the ECF system. Counsel may recommend, by motion, that a portion of the Website be accessible only to counsel for Plaintiffs, counsel for Defendants, or both. Any limitations, however, should be restricted to (1) matters that represent the work product of attorneys for Plaintiffs or Defendants and are not otherwise available to other persons, and (2) matters that are confidential under a protective order issued by this Court. The Website should be established so that it is compatible with most communications software, with a view toward making it publicly available. Counsel are expected to use computers to prepare documents sent to the clerk or to chambers and to provide electronic versions of all documents, as further set forth in this Order. (Signed by Judge Paul A. Crotty on 1/30/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. (mml)
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Filing 18
ORDER NO. 3 MASTER SCHEDULING AND DISCOVERY ORDER: Amended Pleadings due by 6/28/2019. Joinder of Parties due by 6/28/2019. Fact Discovery due by 11/22/2019. Discovery due by 8/16/2019. Deadline for Zimmer Defendants to produce all discovery previously produced relating to the M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head as one certified MDL production: 4/29/2019. This off-the-record background tutorial regarding the products and science relevant to this litigation will take place following the next Case Management Conference on Wednesday, March 27, 2019, as further set forth in this Order. (Signed by Judge Paul A. Crotty on 1/30/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. (mml)
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Filing 17
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 16 MDL TRANSFERRED IN from the United States District Court - District of Missouri Eastern; Case Number: 1:18-cv-00279. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (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) |
| 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) |
| 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) |
| 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) |
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Filing 15
ORDER OF MDL TRANSFER to: Southern District of New York. Case transferred via CM/ECF extraction. (DLB) [Transferred from Missouri Eastern on 12/4/2018.]
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| Filing 14 CONDITIONAL TRANSFER ORDER regarding multidistrict litigation by Clerk of the Panel. Signed on 11/27/2018. (JMC) [Transferred from Missouri Eastern on 12/4/2018.] |
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Filing 13
ORDER granting Defendants' Motion for Extension of Time to Answer, Plead, or Otherwise Move in Response to the Petition #11 . For the reasons stated in the Motion, IT IS HEREBY ORDERED that the Defendants shall have an additional 21 days to answer or otherwise plead after the Court's decision on theJoint Motion to Stay Proceedings and Answer Deadline Pending Transfer to Multidistrict Litigation or the Judicial Panel of Multidistrict Litigations decision on the Conditional Transfer Order, whichever is later. Signed by Magistrate Judge Abbie Crites-Leoni on November 21, 2018. (ACL) [Transferred from Missouri Eastern on 12/4/2018.]
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Filing 12
ORDER granting Motion to Stay #9 : Having reviewed the parties Joint Motion to Stay Proceedings and Answer Deadline Pending Transfer to Multidistrict Litigation, IT IS HEREBY ORDERED that all proceedings in this action are STAYED; and the November 21, 2018, deadline to file an Answer to the Complaint is hereby STRICKEN. Signed by Magistrate Judge Abbie Crites-Leoni on November 21, 2018. (ACL) [Transferred from Missouri Eastern on 12/4/2018.]
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| Filing 11 MOTION for Extension of Time to File Answer re #3 Petition (Removal/Transfer) by Defendants Zimmer Holdings, Inc., Zimmer Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc.. (Attachments: #1 Text of Proposed Order)(Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 10 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Zimmer Holdings, Inc., Zimmer Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc. Sent To: State Court - Executed (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 9 Joint MOTION to Stay by Defendants Zimmer Holdings, Inc., Zimmer Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 8 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Zimmer US, Inc... (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 7 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Zimmer Orthopaedic Surgical Products, Inc... (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 6 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Zimmer Inc... (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 5 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Zimmer Holdings, Inc... (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (CSAW) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 3 Petition (Removal/Transfer) Received From: Circuit Court of Mississippi County Missouri, filed by Zimmer Orthopaedic Surgical Products, Inc., Zimmer Inc., Zimmer US, Inc., Zimmer Holdings, Inc..(JMC) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendants Zimmer Holdings, Inc., Zimmer Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc. Sent To: Plaintiff (Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Filing 1 NOTICE OF REMOVAL from Mississippi County, case number 18MI-cv00584, with receipt number 0865-6875385, in the amount of $400 Jury Demand,, filed by Zimmer Orthopaedic Surgical Products, Inc., Zimmer Inc., Zimmer US, Inc., Zimmer Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Original Filing Form, #5 Civil Cover Sheet)(Bozarth, Troy) [Transferred from Missouri Eastern on 12/4/2018.] |
| Case Opening Notification: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: U.S. Magistrate Judge Abbie S. Crites-Leoni. (JMC) [Transferred from Missouri Eastern on 12/4/2018.] |
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