Nesvadba et al v. Zimmer, Inc. et al
| Miloslava Nesvadba and Jaromir Nesvadba |
| Zimmer Inc., Zimmer US, Inc. and Zimmer Biomet Holdings, Inc. |
| 1:2018cv12093 |
| December 21, 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 |
Docket Report
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Filing 17
ORDER NO. 9. This Court sets forth instructions regarding the direct filing of Short-Form Complaints and responses thereto and a schedule and process for filing Master Pleadings in MDL Docket No. 2859 ("MDL No. 2859"). This order applies to those actions transferred to this Court by the Judicial Panel on Multidistrict Litigation ("Panel") pursuant to its order of October 3, 2018, any tag-along action transferred to this Court by the Panel, and any related actions that have been or will be originally filed in, transferred to, or removed to this Court and assigned thereto as part of MDL No. 2859 as further set forth in this Order. The Plaintiffs' Executive Committee ("PEC") must file the Master Complaint, in both 18-md-2859 and 18-mc-2859 and submit the Short Form Complaint within fourteen (14) days of the entry of this Order. All allegations pied, and all parties named therein are deemed to be named, in any previously filed Complaint filed nunc pro tune to the date each such Complaint was originally filed. Any Plaintiff who filed (or files) a Complaint in MDL No. 2859 or had (or has) a Complaint transferred to this MDL before the date of this order must file a Short Form Complaint in the Plaintiffs individual docket within 30 days of the date of filing of the Master Complaint. For purposes of statute of limitations and statute of repose, any such Plaintiff shall be deemed to have filed his or her Complaint as the date he or she filed his or her original Complaint and not the date of the Master Complaint or the date he or she filed his or her Short Form Complaint and as further set forth in this Order. Within thirty (30) days of the date of filing the Master Complaint, Defendants shall file a Master Answer to the Master Complaint or shall file, pursuant to the Federal Rules of Civil Procedure, a motion seeking dismissal, in whole or in part, of the Master Complaint. Defendants' response shall be filed in both 18-md-2859 and 18-mc-2859. If the Defendants file a Motion to Dismiss the Master Complaint and such Motion does not result in the dismissal of the Master Complaint in its entirety, the Defendants shall file a Master Answer within thirty (30) days of the date on which the Court issues a ruling as to Defendants' Motion to Dismiss, provided that the Court does not grant the PEC leave to amend the Master Complaint. If the Court grants the PEC leave to amend the Master Complaint, within thirty (30) days of such Order, the PEC shall file an Amended Master Complaint. Defendants shall file a Master Answer or Motion to Dismiss the Amended Master Complaint, in whole or in part, within thirty (30) days after the date of filing the Amended Master Complaint and as further set forth i in this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/7/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
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Filing 16
ORDER No. 8 granting in part and denying in part (56) Letter Motion to Compel in case 1:18-md-02859-PAC. The Zimmer Defendants are now ORDERED to, within three days, produce to Plaintiffs a list of all non-expert depositions taken in related state and federal proceedings which includes the following information: (1) the name and job title of the party deposed; (2) the subject matter of the deposition; (3) the relevant plaintiff/case name; and (4) Zimmer's view on whether the transcript is relevant and should be produced in this MDL and their reasoning. The parties are then to confer and agree on a list of deposition transcripts to be included in Zimmer's consolidated production. If the parties cannot agree on this list within 10 days of the issuance of this Order, they are each to submit a letter, not to exceed 3 pages double-spaced, explaining their position on the disputed depositions. The Zimmer Defendants are to include the original list of depositions provided to Plaintiffs along with their submission to the Court. The Clerk of the Court is further instructed to close the motion at Dkt. 55 on 18-MD-2859. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/7/19) Filed In Associated Cases: 1:18-md-02859-PAC et al. (yv) Modified on 2/7/2019 (yv).
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Filing 15
ORDER NO. 7, Having considered the parties competing submissions the Court makes the following rulings: The Plaintiffs are entitled to name the Zimmer defendants of their choosing in the Master Complaint. Once filed, the Zimmer defendants may move to dismiss. The parties are to meet and confer and resubmit a finalized Order on Procedures for Direct Filing and Master Pleadings by February 1, 2019. The MDL Plaintiffs are entitled to use discovery already produced in related state court actions, to the extent that discovery is consistent with the discovery and protective orders that will be entered in this MDL. The parties are to meet and confer and resubmit a finalized Joint Coordination Order, or competing proposals, by February 1, 2019. This Court adopts Zimmer's proposed language regarding redacted or withheld information based on privilege accompanying the Defendant Fact Sheet ("DFS") in the Order Regarding Plaintiff Preliminary Disclosure, Plaintiff Fact Sheet, and Defendant Fact Sheet. Defendants shall include a section in the DFS to identify the privilege(s) invoked for any redactions and/or withholdings. The parties met and conferred further regarding this Order and are developing a process to submit the Plaintiff Fact Sheet and accompanying documents to ensure the security of the plaintiffs' personally identifiable information and protected health information. The parties shall resubmit a finalized Order Regarding Plaintiff Preliminary Disclosure, Plaintiff Fact Sheet, and Defendant Fact Sheet, including the Plaintiff Fact Sheet and Defendant Fact Sheet, by February 15, 2019. The parties agreed to withdraw their competing proposed Protective Order and ESI and Document Productions Order submitted on January 21, 2019. The parties shall resubmit the orders, or competing orders, by February 1, 2019. In the event the parties have competing orders, the parties shall submit letter briefs, not to exceed 8 double-spaced pages by 5:00 PM ET on February 8, 2019. If necessary, the Court will hold a hearing on the competing orders on a date convenient for the Court's calendar. The parties shall submit a Preservation Order, or competing orders, by February 4, 2019. If the parties have competing orders, the parties shall submit letter briefs, not to exceed 5 double-spaced pages by 5:00 PM ET on February 15, 2019. If necessary, the Court will hold a hearing on the competing orders on a date convenient for the Court's calendar. On November 22, 2018, Plaintiff Robert Harris and Dianna Harris filed a motion to remand. See Harris v. Zimmer et al., Case No. 18-cv-2584 (N.D. Ohio). On November 30, 2018, the Zimmer Defendants filed a motion to stay their deadline to respond to this motion pending completion of transfer to this MDL. Plaintiffs' motion to remand filed in the United States District Court for the Northern District of Ohio is the operative motion. The Court will conduct the next Status Conference on March 27, 2019, at 10:00 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. (Brief due by 2/15/2019., Status Conference set for 3/27/2019 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 2/7/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
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Filing 14
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 13
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 12
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 11
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 10 MDL TRANSFERRED IN from the United States District Court - District of Connecticut; Case Number: 3:18-cv-01957. Original file certified copy of transfer order and docket entries received. (sjo) |
| Magistrate Judge Debra C. Freeman 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) |
| 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) |
| 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) |
| Filing 9 MDL Transfer Order. Case transferred to the Southern District of New York Signed by Clerk Jeffrey N Luthi, MDL Panel on 12/17/2018. (Fanelle, N.) [Transferred from Connecticut on 12/21/2018.] |
| Filing 8 AFFIDAVIT of Service for Summons in a Civil Action, Civil Cover Sheet, Complaint with Claim for Jury Demand, Plaintiff's Notice of Related Case, Order on Pretrial Deadlines, Electronic Filing Order, Standing Protective Order and Notice to Counsel served on Registered Agent for Zimmer Inc, Zimmer US Inc and Zimmer Biomet Holdings Inc on 12/10/2018, filed by Jaromir Nesvadba, Miloslava Nesvadba. (Cuthbertson, Douglas) [Transferred from Connecticut on 12/21/2018.] |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.* with answer to complaint due within *21* days. Attorney *Douglas Ian Cuthbertson* *Lieff Cabraser Heimann & Berstein, LLP - NY* *250 Hudson St., 8th Floor* *New York, NY 10013*. (Barry, Donna) [Transferred from Connecticut on 12/21/2018.] |
| Filing 6 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Notice of Related Case filed by Jaromir Nesvadba, Miloslava Nesvadba, #5 Protective Order, #1 Complaint filed by Jaromir Nesvadba, Miloslava Nesvadba, #4 Electronic Filing Order, #3 Order on Pretrial Deadlines Signed by Clerk on 11/30/18.(Barry, Donna) [Transferred from Connecticut on 12/21/2018.] |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 11/30/18.(Barry, Donna) [Transferred from Connecticut on 12/21/2018.]
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Jeffrey A. Meyer on 11/30/18.(Barry, Donna) [Transferred from Connecticut on 12/21/2018.]
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 1/29/2019, Discovery due by 6/1/2019, Dispositive Motions due by 7/6/2019. Signed by Clerk on 11/30/18.(Barry, Donna) [Transferred from Connecticut on 12/21/2018.]
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| Judge Jeffrey A. Meyer added. (Oliver, T.) [Transferred from Connecticut on 12/21/2018.] |
| Filing 2 NOTICE of Related Case by Jaromir Nesvadba, Miloslava Nesvadba (Cuthbertson, Douglas) [Transferred from Connecticut on 12/21/2018.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5070103.), filed by Miloslava Nesvadba, Jaromir Nesvadba. (Attachments: #1 Civil Cover Sheet)(Cuthbertson, Douglas) [Transferred from Connecticut on 12/21/2018.] |
| Request for Clerk to issue summons as to Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Cuthbertson, Douglas) [Transferred from Connecticut on 12/21/2018.] |
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