Harris et al v. Zimmer Biomet Holdings, Inc. et al
| Robert Harris and Dianna Harris |
| Zimmer Inc., RAY HINCH, P.O. "John" Doe, Zimmer US, Inc., S.L. KLABUNDE CORPORATION, Zimmer Biomet Holdings, Inc., SCOTT KLABUNDE and Zimmer Biomet US |
| 1:2018cv11271 |
| December 4, 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 |
| Plaintiff |
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Filing 23
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 22
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 21
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 20
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 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . . Document filed by Dianna Harris, Robert Harris. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Norden, Andrew) |
| Filing 18 MOTION to Remand to State Court . Document filed by Dianna Harris, Robert Harris.(Norden, Andrew) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Norden to RE-FILE Document #16 MOTION to Remand to State Court . ERROR(S): Supporting Documents are filed separately, each receiving their own document #'s. (db) |
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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 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Dianna Harris, Robert Harris. Return Date set for 12/3/2018 at 10:00 AM. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Norden, Andrew) Modified on 1/4/2019 (db). |
| Filing 15 MDL TRANSFERRED IN from the United States District Court - District of Ohio Northern; Case Number: 1:18-cv-02584. 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) |
| 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) |
| 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) |
| Filing 14 Conditional Transfer Order (CTO 4) by the Judicial Panel on Multidistrict Litigation. In re: MDL 2859 Zimmer M/L Taper Hip Prosthesis Products Liability Litigation. Case transferred to the Southern District of New York and assigned to the Honorable Paul A. Crotty. (P,R) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 13 Motion to stay Deadline to Respond to Motion to Remand filed by Ray Hinch, Scott Klabunde, S.L. Klabunde Corporation, Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Related document(s) #10 . (Attachments: #1 Exhibit A - MDL Transfer Order, #2 Exhibit B - Finalized CTO, #3 Errata C - MDL Order No. 1)(Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 12 Motion for attorney Andrew Norden to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660109611, filed by Dianna Harris, Robert Harris. (Attachments: #1 Certificate of Good Standing)(W,CM) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 11 Motion for attorney Ami Romanelli to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660109611, filed by Dianna Harris, Robert Harris. (Attachments: #1 Certificate of Good Standing)(W,CM) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 10 Motion to remand to State Court filed by Dianna Harris, Robert Harris. (Abramowitz, Mark) [Transferred from Ohio Northern on 12/4/2018.] |
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Order [non-document] entered by Judge James S. Gwin on 11/16/18 granting defendants' motion to stay the answer deadline. (Related Doc. #8 ) (D,MA) [Transferred from Ohio Northern on 12/4/2018.]
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| Filing 9 Supplement to Motion to stay Proceedings and Answer Deadline Pending Transfer to Multidistrict Litigation filed by Ray Hinch, Scott Klabunde, S.L. Klabunde Corporation, Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc. Related document(s) #8 . (Attachments: #1 Exhibit A - Order Entered 11-14-2018)(Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 8 Motion to stay Proceedings and Answer Deadline Pending Transfer to Multidistrict Litigation filed by Ray Hinch, Scott Klabunde, S.L. Klabunde Corporation, Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc. (Attachments: #1 Exhibit A - 10/3/18 Transfer Order, #2 Exhibit B - 11/9/18 Notice to Clerk, #3 Proposed Order)(Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
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Filing 7
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Solomon Oliver, Jr. on 11/14/2018. (R,Sh) [Transferred from Ohio Northern on 12/4/2018.]
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| Notice to Attorney Joseph A. Osborne Jr. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) [Transferred from Ohio Northern on 12/4/2018.] |
| Notice to Attorney Andrew Norden. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) [Transferred from Ohio Northern on 12/4/2018.] |
| Notice to Attorney Amy Romanelli. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) [Transferred from Ohio Northern on 12/4/2018.] |
| Judge James S. Gwin assigned to case, Judge Solomon Oliver, Jr terminated. (B,R) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 6 Magistrate Consent Form issued. (B,R) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 5 Corporate Disclosure Statement identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer US, Inc. filed by Zimmer US, Inc.. (Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer, Inc. filed by Zimmer, Inc.. (Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 3 Corporate Disclosure Statement filed by Zimmer Biomet Holdings, Inc.. (Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 2 Corporate Disclosure Statement filed by S.L. Klabunde Corporation, Zimmer Ohio. (Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV18905165 with jury demand, Filing fee paid $ 400, receipt number 0647-9001155. Filed by Zimmer Ohio, Zimmer Biomet Holdings, Inc., S.L. Klabunde Corporation, Ray Hinch, Scott Klabunde, Zimmer, Inc., Zimmer US, Inc. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - IN Sec of State Report, #3 Exhibit 3 - Declaration of SL Klabunde Corp, #4 Exhibit 4 - Declaration of Scott Klabunde, #5 Exhibit 5 - Declaration of Ray Hinch, #6 Exhibit Cuyahoga County Notice of Filing, #7 Civil Cover Sheet) (Edwards, Ryan) [Transferred from Ohio Northern on 12/4/2018.] |
| Judge Solomon Oliver, Jr assigned to case, (B,R) [Transferred from Ohio Northern on 12/4/2018.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (B,R) [Transferred from Ohio Northern on 12/4/2018.] |
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