In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation
Plaintiff: Joseph Shaw, Janice Luckasavage, Robert Luckasavage, Zimmer US, Inc., Michael Derifield, Darcy Davis, Donald Laukka, Wendy Gabler, Daryl Smith, Laura Jo Herman, David Ness, Jennifer Roberts, James Strode, William Hollenkamp, David Pastor, Samuel Harms, Daniel Brosnan, Carole Derifield, William Nattier, Mary Jo Liesch, Jean Nattier, David C Gabler, James Viania, Judith Harms, Suzanne Laukka, Zimmer Surgical, Inc., Glen Davis, Roberta Brosnan, James Florida, Jill Metzger, Amanda Rae Heineman, Donald W Liesch, Kathy Ness, Sandra Hollenkamp, Sheryl Strode, John Metzger, Daniel W. Hickey, Nancy J Little, Carol Waldeier, Robert Lloyd, Mary Graham-Fortin, Judith P Pride, Diana Lloyd, Donald Miller, Rita B Myrick, Joseph F Little, Earle B Pride, Janice E Miller, Timothy G Scott, Carolyn Plante, Robert Fick, Richard P. Torres, Pollyanna Torres, Julie Thurston, Debora Gellatly, Susan Proetti, Rian E. Rich, Sheila Plourde, Terry Steen, Jackie Powell, SCOTT KLABUNDE, Dianna Harris, Robert Harris, Wanda Moon, James F. Thompson, Robert Wuornos, Jeanne Wuornos, Tamma Nutting, Gary P. Durst, Louis Haddad, Jr., Debra Haddad, Ashleigh Raso, Robalee Bruesewitz, Russell Bruesewitz, Ilene Knight, Patricia League, Paulette Hartley, Robert B Fick, Bruce E Barr, Ronald Mertz, Marijo Chilli Green, Jerod M. Field, Willi T. Field, Gary Quattlebaum, Irene Quattlebaum, Jeremiah T O'Shea, John Hawkins, Ellen DeCotiis, Todd C. Goode, Odette Marquis, Kyle Johnson, Pamela Dempsey, Stacey Swim, Kathleen Gotham, Robert Marquis, Ellen Johnson, Henry Kennedy, Alan Koraltan, Betty Kennedy, David Swim, Diane Chase, Joy Stroehmann, Lynda Koraltan, Alfred Gosselin, John Myers, Sandra Libby, Jeffery P. Stevens, Jan Bauman, Susan Moore, Stephen Perkins, Terri Archibald, Judith Blackwell Smith, Nanci Ames Curtis, Gregory K. Archibald, Meredith Perkins, Stephen Grannell, Joan Toth, Deborah Huntoon Reeder, Catherine Grannell, Jane Libby, Bonnie Sullens, Wanetta Witham, Joseph Donohue, Norman Moore, Judith M. Stevens, Wayne Witham, Suzanne Jack, Patricia Beaudoin, Robert Smith, Brooke Adams, Kristine Adams, Marion Donohue, Leonard Balewski, John Mccleery, Janann Botzau, Carole Dowling, Carol L Balewski, Deborah Mccleery, Robert Campbell, Harold Dowling, Pia van de Venne, Rosanne Mizzoni, Thomas Botzau, Donna Berry, Theo van de Venne, Thomas Kothman, Allin Harley, Sherry Jessee, Gladys Marasti, Shelly Klobnak, Joseph Marasti, Keith Klobnak, Carolyn Norton, Bruce W Wehling, Michael Cipro, Janet Hone, Jill Cobb, Terrance F Lambert, Diana Cipro, Peter T Gajeski, Susan M Wehling, Marjorie A Gajeski, Cherie Spiegal, Jason Spiegal, Sarah K. Gray, James Norris, Felicia Ham, Becky Ann White, Concetta Norris, Michael James White, Anthony Mannochio, Gerald Lundholm, Sheryl Boyd, Patricia Lundholm, Susan Mannochio, James Gayda, Pamela L. Thetford, Steven Maines, Sandy Barott, Mary Fiocchi, John Fiocchi, Kelli Maines, Bruce Barott, Sharon Neeley, Susan D. Campeau, Donald Campeau, Leon Neeley, James Knapton, Donald A Shumaker, Ronald Woods, Yvonne Woods, Georgia B. Leeman, Ione Turner, Timothy Sondag, Lynn Buehring, Rodney Wallace, Dawn Rudolf, Linda J.L. Radach, Holly McDaniel, Joline Hayward, Edward Olsen, Susan Richardson, Mr. Peter Finn, Joseph Jennings, Jerry R Glaze, Penny Bellas, Elaine Gallo, John Michael Lambe, Jerome Atkins, Gerald L. Wood, Paul Perala, Esther Conrad, Robert Longdin, Tanya Hopson, Peter Finn, Sam Ahlgren, Nancy Finn, Jaromir Nesvadba, Janice R Montez, Richard Kulesza, Reynold Hulse, Lewis Bellas, Albert Girtz, Richard L Rhoadarmer, Dean Siple, Neil Richardson, Dona Fitzgerald, Steven Lane, Raul Estrada, Marilyn Ann Plitnik, Ms. Nancy Finn, Carol T Anderson, Sandra Albair, John Erskine, Maureen S. Lovell, Sandra Perala, Janet H. Jones, Marilyn F Hill, Paula Dimit, Phyllis Hibbs, Dianna S. Wallace, Kenneth Conrad, Matthew Hill, Hale S. John, Maureen Martin, Rosalind B. Gerst, Magdalena Estrada, Paul Bradshaw, Thomas F. Smith, Leah Reinstein, Melanie Erskine, Carolyn Perkins, Sheila Ahlgren, Gary J. LeClair, Miloslava Nesvadba, Marlene H Glaze, Jerry Adams, Christine Humphrey, Donna Norrie, Janice Aguirre, Cheryl Rhoadarmer, Edward E. Geisler, Jenna Sondag, William Albair, Arthur Harris, Julie Smith, Linda Miller, Vicki Jo Spear, Mary Lou Tillay, Kimberly A. Zumwalt, Suzanne Torcasi, Margaret Jane Murray, Danny Kriseler, Linda B Panebianco, Batsheva Barouk, Richard C Salzmann, Katherine Erlichman, David Buterbaugh, Edward Erlichman, Margaret J. Murray, Caretha Jackson, Fred Williams, Hildane K. Polky, Garrett Wright, Walter Hammerling, Ralph C Phelleps, Antonio Panebianco, Margaret Lovering, Michael Torcasi, Charles Michelsen, Janene Trujillo, John R. Giegel, Diane Hammerling, Chuck Spear, Nathan M. Allen, Jr., David E. Zumwalt, Emanuel A Murphy, Thomas Lovering, Dennis McMillian, Pamela Salzmann, Julie Falcone, Don R McAllister and Arla M. Angell
Defendant: Zimmer, Inc., Zimmer Holdings, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Biomet Inc., Zimmer Biomet Fegan, Inc., Zimmer Production Inc., Select Orthopedics, Inc., Zimmer Orthopaedic Surgical Products, Inc., S.L. KLABUNDE CORPORATION, RAY HINCH, P.O. "John" Doe, Stephen Buehring, Barbara Girtz, Zimmer Holdings, Zimmer Inc., S.L. KLABUNDE CORPORATION originally named as and named as separate entities doing business as ZIMMER OHIO, Serenah Michelsen, Synvasive Technology, Biomet Inc., Gary W Varney and Biomet Orthopedics, L.L.C.
Alternative Dispute Resolution (Adr) Provider: Temporary Lead Counsel and Plaintiffs' Executive Committee
Case Number: 1:2018md02859
Filed: October 9, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Crotty
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332t
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2020 Opinion or Order Filing 310 MEMO ENDORSEMENT on re: #309 Letter, filed by Zimmer US, Inc., Zimmer, Inc., Zimmer Production Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet Fegan, Inc., Zimmer Surgical, Inc., Zimmer Orthopaedic Surgical Products, Inc., ENDORSEMENT: A status conference is set for September 30, 2020 at 4 PM. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/16/2020) ( Status Conference set for 9/30/2020 at 04:00 PM before Judge Paul A. Crotty.) (ks)
September 15, 2020 Filing 309 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 09/15/2020 re: Adjournment of September 15, 2020 Telephonic Status Conference. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc...(Meyer, Peter)
August 27, 2020 Opinion or Order Filing 308 ORDER granting #307 Motion for James A. Frederick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
August 21, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #307 MOTION for James A. Frederick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 20, 2020 Filing 307 MOTION for James A. Frederick to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Holdings, Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit Affidavit of James A. Frederick in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Maryland, #3 Exhibit Certificate of Good Standing - DC, #4 Text of Proposed Order Proposed Order).(Frederick, James)
August 20, 2020 Opinion or Order Filing 306 ORDER denying #300 Letter Motion to Compel. The PECs motion is DENIED. The Clerk of Court is directed to close the motion at Docket 300. (Signed by Judge Paul A. Crotty on 8/20/2020) (nb)
August 19, 2020 Filing 305 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 08-17-2020 re: Zimmer's Response to Plaintiffs' Motion to Compel Distributor Communications. Document filed by Zimmer Biomet Holdings, Inc.. (Attachments: #1 Exhibit A - 06-29-2020 Email).(Meyer, Peter)
August 19, 2020 Opinion or Order Filing 304 ORDER NO. 49: As stated in the Parties' position statements dated July 31, 2020 and on the record at the August 5, 2020 status conference, documents intended to be used as exhibits at deposition shall remain confidential and not be viewed by opposing counsel, or their agents, until introduced as an exhibit in the deposition. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/19/2020) (ks)
August 17, 2020 Opinion or Order Filing 303 ORDER granting #302 Motion for Traci McKee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
August 17, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #302 MOTION for Traci T. McKee to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 15, 2020 Filing 302 MOTION for Traci T. McKee to Appear Pro Hac Vice (CORRECTED). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit Affidavit of Traci McKee, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(McKee, Traci)
August 13, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #301 MOTION for Traci T. McKee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21141500. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA; MISSING NOTARIZED AFFIDAVIT/DECLARATION;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
August 13, 2020 Filing 301 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Traci T. McKee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21141500. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order).(McKee, Traci) Modified on 8/13/2020 (vba).
August 12, 2020 Filing 300 ***SELECTED PARTIES*** LETTER MOTION to Compel Defendants to Produce Distributor Communications addressed to Judge Paul A. Crotty from Kelly K. McNabb on behalf of the Plaintiffs' Executive Committee dated August 10, 2020. Document filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Motion or Order to File Under Seal: #297 .(McNabb, Kelly)
August 11, 2020 Filing 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
August 11, 2020 Filing 298 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
August 11, 2020 Opinion or Order Filing 297 ORDER granting #295 Letter Motion to Seal. Permission to file under seal unredacted copies of 1-4 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/11/2020) (ks)
August 10, 2020 Filing 296 ***SELECTED PARTIES***AFFIRMATION of Kelly K. McNabb in Support re: #295 LETTER MOTION to Seal Exhibits to Plaintiffs' Motion to Compel Distributor Communications addressed to Judge Paul A. Crotty from Kelly K. McNabb on behalf of the Plaintiffs' Executive Committee dated August 10, 2020.. Document filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #295 .(McNabb, Kelly)
August 10, 2020 Filing 295 LETTER MOTION to Seal Exhibits to Plaintiffs' Motion to Compel Distributor Communications addressed to Judge Paul A. Crotty from Kelly K. McNabb on behalf of the Plaintiffs' Executive Committee dated August 10, 2020. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
August 10, 2020 Filing 294 LETTER MOTION to Compel Defendants to Produce Distributor Communications addressed to Judge Paul A. Crotty from Kelly K. McNabb on behalf of the Plaintiffs' Executive Committee dated August 10, 2020. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A - Deposition Transcript of Steve Vankoski, #2 Exhibit B - Plaintiffs' First Set of Master Requests for the Production of Documents, #3 Exhibit C - Plaintiffs First Set of Requests of the Production of Documents in Pride, #4 Exhibit D - A High Prevalence of Corrosion, #5 Exhibit E - Ten-Year Cross-Sectional Study of Mechanically Assisted Crevice Corrosion, #6 Exhibit F - Defendant Fact Sheet Production, #7 Exhibit G - Common Discovery Production, #8 Exhibit H - Email from P. Meyer).(McNabb, Kelly)
August 10, 2020 Opinion or Order Filing 293 ORDER NO. 48 MEMORIALIZING AUGUST 5, 2020 STATUS CONFERENCE: On August 5, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. The Court heard argument from the Parties on Defendants' Motion and Brief in Support of Entry of a Protective Order Precluding the Depositions of Dr. Richard Berger and Dr. Paul Duwelius. Dkt. Nos. 286, 288. The Court denied Defendants' motion in Order 47 [Dkt. 292]. The next status conference will take place Tuesday, September 15, 2020 at 3:00 pm EDT. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/10/2020) ( Status Conference set for 9/15/2020 at 03:00 PM before Judge Paul A. Crotty.) (ks)
August 7, 2020 Opinion or Order Filing 292 ORDER NO. 47 denying #286 Motion for Discovery. Defendant Zimmer's motion for a Protective Order is DENIED. The Clerk of Court is directed to close the motion at Docket 286. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/7/2020) (ks)
August 7, 2020 Opinion or Order Filing 291 ORDER NO. 46 FOURTH AMENDED SCHEDULE: Upon consideration of the parties' agreed-to proposed amended schedule, the Court adopts the following future deadlines: ( Expert Discovery due by 3/22/2021., Fact Discovery due by 10/16/2020., Motions due by 4/14/2021., Responses due by 5/12/2021, Replies due by 6/3/2021., Ready for Trial by 9/20/2021.) SO ORDERED. (Signed by Judge Paul A. Crotty on 8/7/2020) (ks)
August 3, 2020 Filing 290 ***SELECTED PARTIES***AFFIRMATION of Kelly K. McNabb in Support re: #289 LETTER MOTION to Seal Exhibits to Response in Opposition to Defendants' Motion for Protective Order addressed to Judge Paul A. Crotty from Kelly K. McNabb dated August 3, 2020.. Document filed by All Defendants. (Attachments: #1 Exhibit A - Letter Response in Opposition to Defendants Motion for Protective Order, #2 Exhibit B - M/L Taper with Kinextiv Technology, Update and Request for Forecast, ZIM MDL-SDNY00052882, #3 Exhibit C - Excerpts from the deposition transcript of Richard Berger, M.D. taken February 11, 2014, starting at ZIM-SDNY MDL00023909, #4 Exhibit D - Excerpts from the deposition transcript of Dr. Paul Duwelius taken November 2, 2017, starting at ZIM-SDNY MDL00022838)Motion or Order to File Under Seal: #290 .(McNabb, Kelly)
August 3, 2020 Filing 289 LETTER MOTION to Seal Exhibits to Response in Opposition to Defendants' Motion for Protective Order addressed to Judge Paul A. Crotty from Kelly K. McNabb dated August 3, 2020. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
August 3, 2020 Filing 288 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Kelly K. McNabb dated August 3, 2020 re: #286 LETTER MOTION for Discovery Seeking Protective Order Precluding Depositions of Dr. Richard Berger and Dr. Paul Duwelius addressed to Judge Paul A. Crotty from Michael J. Kanute, Andrew Peck, Peter A. Meyer dated July 28, 2020. . Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(McNabb, Kelly)
July 31, 2020 Filing 287 JOINT LETTER addressed to Judge Paul A. Crotty from PEC and Defendants' Lead Counsel dated July 31, 2020 re: Parties' Joint Agenda for August 5, 2020 Conference. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
July 28, 2020 Filing 286 LETTER MOTION for Discovery Seeking Protective Order Precluding Depositions of Dr. Richard Berger and Dr. Paul Duwelius addressed to Judge Paul A. Crotty from Michael J. Kanute, Andrew Peck, Peter A. Meyer dated July 28, 2020. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Noto Motions Argument, #2 Exhibit B - Noto Trial Proceedings, #3 Exhibit C - McDonald Trial Transcript, #4 Exhibit D. Email from K. McNabb to P. Meyer re Berger Duwelius).(Meyer, Peter)
July 27, 2020 Opinion or Order Filing 285 MEMO ENDORSEMENT on re: #284 Letter, filed by Zimmer US, Inc., Zimmer, Inc., Zimmer Production Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet Fegan, Inc., Zimmer Surgical, Inc., Zimmer Orthopaedic Surgical Products, Inc. ENDORSEMENT: Permission to file an 8 page double-spaced letter motion for both sides is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/27/2020) (ks)
July 24, 2020 Filing 284 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated July 24, 2020 re: Request for Additional Pages for Discovery Dispute Brief. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc...(Meyer, Peter)
July 20, 2020 Opinion or Order Filing 283 ORDER granting #253 Motion for Sean J. Powel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
July 17, 2020 Opinion or Order Filing 282 ORDER NO. 45. This Order resolves a dispute among the Parties in this multi-district litigation regarding the taking of depositions during the ongoing COVID-19 pandemic. The Plaintiffs' Executive Committee ("PEC") and Defendant Zimmer ("Defendant," "Zimmer") first brought the dispute to the Court's attention in a status letter submitted ahead of a telephonic conference that was held on July 9, 2020. Dkt. 273, at 24; Minute Entry dated July 9, 2020. The Parties plan to depose approximately 20 witnesses over the coming months, and Zimmer initially argued that the depositions should all be done remotely, while the PEC insisted that they all be done in person. Tr., Conf. July 9, 2020, at 6:2226:16. The Court instructed the Parties to meet and confer and heard renewed arguments at a second teleconference on July 15. Id. at 26:1724. The Parties were unable to reach agreement on which depositions, if any, could be taken in person and which would be conducted remotely. Dkt. 277, at 4; Tr., Conf. July 15, 2020, at 5:17:25. Remote depositions are presumptively legitimate under the Federal Rules of Civil Procedure, were regularly used by civil litigants before the pandemic, and have been widely employed now to overcome travel restrictions and social distancing measures. Fed. R. Civ. P. 30(b)(3), (b)(4) ("The parties may stipulateor the court may on motion orderthat a deposition be taken by telephone or other remote means."), and as further specified and set forth in this Order. So ordered. (Signed by Judge Paul A. Crotty on 7/17/2020) (rjm)
July 17, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Chloe Scultz to RE-FILE Document No. 278, 279 and 281. The filing is deficient for the following reason(s): the pleading was filed in the wrong case, this complaint needs to be filed as a separate civil case. Open a civil case and re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (gp)
July 15, 2020 Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 7/15/2020. Counsel for all sides were present for a follow-up status conference. The Court heard argument on how to proceed with in-person depositions during the pandemic. An order is to follow. See transcript for details. (Court Reporter Lisa Franco) (dgo)
July 15, 2020 Filing 281 FILING ERROR - DEFICIENT DOCUMENT - FILED IN WRONG CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., Zimmer US, Inc., and Zimmer Biomet Holdings, Inc. f/k/a Zimmer Holdings, Inc., re: #278 Complaint. Document filed by Margaret Jane Murray..(Schultz, Chloe) Modified on 7/17/2020 (gp).
July 15, 2020 Opinion or Order Filing 280 ORDER granting #271 Motion for Adam H. Weintraub to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
July 14, 2020 Filing 279 FILING ERROR - DEFICIENT DOCUMENT - FILED IN WRONG CASE - CIVIL COVER SHEET filed..(Schultz, Chloe) Modified on 7/17/2020 (gp).
July 14, 2020 Filing 278 FILING ERROR - DEFICIENT PLEADING - FILED IN WRONG CASE - COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20678764)Document filed by Margaret Jane Murray..(Schultz, Chloe) Modified on 7/17/2020 (gp).
July 14, 2020 Filing 277 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 07/14/2020 re: Letter to Judge Crotty from Zimmer Counsel regarding Supplemental Information on COVID-19 and Zimmer Depositions. Document filed by Biomet Inc., Biomet Orthopedics, L.L.C., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Rouviere v. Depuy Orthopaedics, #2 Exhibit B - 07-01-2020 Letter from PEC to Zimmer Counsel).(Meyer, Peter)
July 14, 2020 Filing 276 NOTICE OF APPEARANCE by Chloe Schultz on behalf of Margaret Jane Murray, Margaret Jane Murray..(Schultz, Chloe)
July 13, 2020 Opinion or Order Filing 275 ORDER NO. 44 MEMORIALIZING JULY 9, 2020 STATUS CONFERENCE. The Judge will schedule the next conference at the Wednesday July 15, 2020 telephonic conference. No later than five (5) days prior to the 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' agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/13/20) (yv)
July 9, 2020 Filing 274 Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 7/9/2020. REMARK: Counsel for all sides were present for a telephonic conference. The parties reported status and the Court directed the parties to meet and confer on the outstanding deposition issues. A conference is set for July 15 at 11 AM. See transcript for details. (Court Reporter Kris Sellin) (dgo)
July 8, 2020 CALENDAR ENTRY REMINDER: A conference is scheduled to go forward tomorrow, July 9, 2020 at 12 noon via teleconference before Judge Paul A. Crotty, U.S.D.J. Any interested party may appear on mute by calling 888-363-4749. Access code: 8539662.(kgo)
July 7, 2020 Filing 273 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated July 7, 2020 re: Final Agenda for July 9, 2020 Status Conference. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc...(Meyer, Peter)
June 29, 2020 Filing 272 AFFIDAVIT in Support re: (271 in 1:18-md-02859-PAC, 12 in 1:20-cv-04212-PAC) MOTION for Adam H. Weintraub to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20340589. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Michael Torcasi, Suzanne Torcasi. (Attachments: #1 Exhibit)Filed In Associated Cases: 1:18-md-02859-PAC, 1:20-cv-04212-PAC.(Weintraub, Adam)
June 19, 2020 Filing 271 MOTION for Adam H. Weintraub to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20340589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Michael Torcasi, Suzanne Torcasi. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:20-cv-04212-PAC.(Weintraub, Adam)
June 18, 2020 Filing 270 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
June 18, 2020 Filing 269 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
June 8, 2020 Opinion or Order Filing 268 ORDER NO. 43: The Court will allow the PEC 10 total hours each for the depositions of Hertzler and Meulink, to be divided between the witnesses' individual and Rule 30(b)(6) capacities as the PEC sees fit. The PEC will have seven total hours to depose Osborn. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/8/2020) (ks)
June 2, 2020 Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 6/2/2020. Counsel for all sides were present via teleconference. The Court directed the parties to meet and confer on the deposition issue and to report back to the Court by Friday, June 5, 2020. A conference will be held on Thursday, July 9, 2020, at 12 noon. See transcript for details.(Court reporter Lisa Smith present) ( Status Conference set for 7/9/2020 at 12:00 PM before Judge Paul A. Crotty.). (kgo)
June 1, 2020 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
May 29, 2020 Filing 267 JOINT LETTER addressed to Judge Paul A. Crotty from PEC and Defendants' Lead Counsel dated May 29, 2020 re: Parties' Joint Agenda for June 2, 2020 Conference. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
April 27, 2020 ***DELETED DOCUMENT. Deleted document number 265 ORDER NO. 42 DEPOSITION PROTOCOL. The document was incorrectly filed in this case. (ks) Modified on 4/27/2020 (ks).
April 27, 2020 Opinion or Order Filing 266 MEMO ENDORSEMENT on re: #259 Letter, filed by Plaintiffs' Executive Committee. ENDORSEMENT: The Court adopts the Third Amended Schedule presented by Defendant Zimmer. See Order No. 41. In respect to depositions at remote sites (Tr.,Apr. 16, 2020 Teleconference, at 25:13-26:14), the fact that one party chooses not to attend a remote site cannot compel the other party not to attend at the remote site. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks)
April 27, 2020 Opinion or Order Filing 264 ORDER NO. 42 DEPOSITION PROTOCOL: The parties have agreed upon the following Order governing the taking of depositions. 1. This Order applies to all depositions taken in cases pending in MDL No. 2859. 2. This Order supplements the Joint Coordination Order, Order No. 10. If the protocols in this Order are deemed to conflict with any provisions in the Joint Coordination Order, the protocols in this Order shall control. 3. Unless specifically modified herein, nothing in this order shall be construed to abrogate the Federal Rules of Civil Procedure. All depositions shall be noticed and conducted pursuant to the Federal Rules and this Order. As further set forth. APPROVED the 27th day of April, 2020. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks) (Main Document 264 replaced on 4/27/2020) (ks).
April 27, 2020 Opinion or Order Filing 263 ORDER NO. 41 THIRD AMENDED SCHEDULE: After hearing arguments by the Parties at the April 16, 2020 telephonic status conference, including those related to the impact of the COVID-19 pandemic on this litigation, the Court adopts the following future deadlines. Motions due by 3/5/2021. Responses due by 4/2/2021 Replies due by 4/23/2021. Fact Discovery due by 9/15/2020. Expert Discovery due by 2/10/2021. Ready for Trial by 7/6/2021. The Court adopts the proposed amended dates above, including the proposed amended trial date of July 6, 2021. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks)
April 27, 2020 Opinion or Order Filing 262 ORDER NO. 40 STIPULATED PROTOCOL REGARDING THE TESTING, EXCHANGE AND STORAGE OF EXPLANTED MEDICAL DEVICES AND PATHOLOGY MATERIALS: This Order governs the division, inspection, analysis, testing, exchange, preservation and storage of explanted hip components, paraffin blocks, histology slides or any other tissue, fluid or pathology materials excised or surgically explanted from a Plaintiff at or near the site where a Plaintiff underwent implantation of a Zimmer M/L Taper femoral stem with a VerSys femoral head or a Zimmer M/L Taper with Kinectiv Technology femoral stem with a VerSys femoral head (collectively the "Materials"). As further set forth in this Order. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks)
April 27, 2020 Opinion or Order Filing 261 ORDER NO. 39 denying #248 Motion to Compel. The Plaintiffs' application to be permitted to use certain prior depositions as trial testimony in the Bellwether cases is DENIED. The Plaintiffs' motion to compel a broader response to its interrogatories regarding all design and manufacturing changes made to the MDL Devices is also DENIED. The Clerk of Court is directed to close the motion at Docket 248.. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks)
April 21, 2020 Opinion or Order Filing 260 ORDER NO. 38 MEMORIALIZING APRIL 16, 2020 STATUS CONFERENCE: On April 16, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. To date, there are one- hundred ninety-nine (199) filed cases in this multidistrict litigation ("MDL"). There are thirteen (13) active cases pending in various state courts. As further set forth in this Order. The Court set a date of May 19, 2020 at 11:00 AM EDT for the next status conference, which will occur via telephone. No later than five (5) days prior to the 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' agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/21/2020) ( Telephone Conference set for 5/19/2020 at 11:00 AM before Judge Paul A. Crotty.) (ks)
April 16, 2020 Minute Entry for proceedings held before Judge Paul A. Crotty: Telephone Conference held on 4/16/2020. Counsel for all sides was present via teleconference. The Court heard argument on Plaintiff's motion to compel and the dispute on the Parties' proposed protocol regarding the Testing, Exchange, and Storage of Explanted Medical Devices and pathology. A ruling on the pending motions is forthcoming. The next conference is set for May 19, 2020, at 11 AM. ( Telephone Conference set for 5/19/2020 at 11:00 AM before Judge Paul A. Crotty.). (kgo)
April 16, 2020 Filing 259 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated April 16, 2020 re: Third Amended Schedule. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A; In re Duramax Diesel Litig. COVID Order, #2 Exhibit B; Sinceno COVID Order).(McNabb, Kelly)
April 16, 2020 Filing 258 LETTER addressed to Judge Paul A. Crotty from Andrew Jay Peck, Peter A. Meyer, Michael J. Kanute and J. Stephen Bennett dated April 16, 2020 re: Revised Proposed Third Amended Schedule Due to COVID-19 Pandemic. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 [Revised] Proposed Third Amended Schedule).(Meyer, Peter)
April 15, 2020 Filing 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/19/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 15, 2020 Filing 256 TRANSCRIPT of Proceedings re: conference held on 2/19/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/6/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/14/2020..(McGuirk, Kelly)
April 13, 2020 Filing 255 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated April 13, 2020 re: Plaintiffs' Position Statement Regarding Stipulated Protocol Regarding the Testing, Exchange, and Storage of Explanted Medical Devices and Pathology Materials. Document filed by Plaintiffs' Executive Committee..(Fitzgerald, Kevin)
April 13, 2020 Filing 254 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer and Michael J. Kanute dated April 13, 2020 re: Zimmer's Position Statement on Bellwether Pathology Protocol. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Authorization to Disclose Protected Health Information).(Meyer, Peter)
April 13, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #253 MOTION for Sean J. Powell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19424059. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
April 13, 2020 Filing 253 MOTION for Sean J. Powell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19424059. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Sean J. Powell, #3 Text of Proposed Order for Admission Pro Hac Vice).(Powell, Sean)
April 10, 2020 Filing 252 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Peter A. Meyer and Michael J. Kanute dated April 10, 2020 re: #248 LETTER MOTION to Compel Defendants to Produce Discovery addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 4/7/2020. . Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc...(Meyer, Peter)
April 10, 2020 Filing 251 LETTER addressed to Judge Paul A. Crotty from Kelly K. McNabb, Kevin Fitzgerald, Ashleigh Raso, Andrew Norden, Andrew J. Peck, Michael J. Kanute, J. Stephen Bennett, and Peter A. Meyer dated April 10, 2020 re: Joint Proposed Agenda for April 16, 2020 Status Conference. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc...(Meyer, Peter)
April 9, 2020 Opinion or Order Filing 250 ORDER NO. 37 terminating #206 Motion to Compel. The Plaintiffs' application regarding production of adverse event and complaint data is denied. Document production is limited to adverse events involving the failure mode and alleged injuries actually at issue in this MDL. The discovery the Plaintiffs seek is overbroad, not relevant, and not proportionate to the needs of the case. The Clerk of Court is directed to terminate the motion at Docket 206. SO ORDERED.. (Signed by Judge Paul A. Crotty on 4/9/2020) (ks)
April 9, 2020 Opinion or Order Filing 249 ORDER NO. 36 denying #204 Motion for Reconsideration ; denying #233 Motion to Compel. The Defendant's motion for reconsideration of one of the requirements for contacts with prospective experts who are also treating physicians in this MDL is DENIED. The Defendant's motion to compel production of information related to the 2007 DPA is likewise DENIED. The Clerk of Court is directed to close the motions at Dockets 204 and 233. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/9/2020) (ks)
April 7, 2020 Filing 248 LETTER MOTION to Compel Defendants to Produce Discovery addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 4/7/2020. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Exhibit A- Defendants' Responses to Plaintiffs' First Set of Master Requests for Production No. 5, #2 Exhibit Exhibit B- Placeholder- Defendants' Responses to Plaintiffs' First Set of Master Interrogatories No. 5-8, 11-12, #3 Exhibit Exhibit C- Defendants' Responses to Plaintiffs' First Set of Master Request for Admission 11-16, #4 Exhibit Exhibit D- Defendants' Letter Responses Dated December 4, 2019).(Raso, Ashleigh)
April 7, 2020 Opinion or Order Filing 247 ORDER granting (243) Letter Motion to Substitute Attorney. Attorney Rachal G. Rojas terminated in case 1:18-md-02859-PAC. The motion is granted. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) Filed In Associated Cases: 1:18-md-02859-PAC et al. (dgo)
April 7, 2020 Opinion or Order Filing 246 ORDER granting #244 Letter Motion to Seal. Leave to file the exhibit under seal is granted. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
April 6, 2020 Filing 245 ***SELECTED PARTIES***AFFIDAVIT of Ashleigh Raso in Support re: #244 LETTER MOTION to Seal an Exhibit to a Forthcoming Motion to Compel addressed to Judge Paul A. Crotty from Ashleigh Raso on behalf of Plaintiffs' Executive Committee the Plaintiffs dated 4/6/2020.. Document filed by Ashleigh Raso, Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit)Motion or Order to File Under Seal: #244 .(Raso, Ashleigh)
April 6, 2020 Filing 244 LETTER MOTION to Seal an Exhibit to a Forthcoming Motion to Compel addressed to Judge Paul A. Crotty from Ashleigh Raso on behalf of Plaintiffs' Executive Committee the Plaintiffs dated 4/6/2020. Document filed by Ashleigh Raso. (Attachments: #1 Text of Proposed Order).(Raso, Ashleigh)
March 19, 2020 Filing 243 MOTION to Substitute Attorney. Old Attorney: Rachal G. Rojas, New Attorney: Matthew S. Yezierski . Document filed by Ronald Woods, Yvonne Woods, Dianna S. Wallace, Rodney Wallace, Carolyn Perkins, Leon Neeley, Sharon Neeley, Fred Williams, Wanda Moon, James F. Thompson, James Knapton, Ronald Mertz, Janice Aguirre, Robert Helt, Garrett Wright, Marijo Chilli Green, Sam Ahlgren, Sheila Ahlgren, Christine Humphrey. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC et al..(Yezierski, Matthew)
March 16, 2020 Filing 242 JOINT LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee and Zimmer et al. dated 3/16/2020 re: JOINT LETTER Regarding Third Amended Schedule. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Proposed Third Amended Schedule).(Raso, Ashleigh)
March 10, 2020 Opinion or Order Filing 241 ORDER granting #234 Letter Motion for Leave to File Document. Request granted. (Signed by Judge Paul A. Crotty on 3/10/2020) (dgo)
March 10, 2020 Opinion or Order Filing 240 ORDER granting #232 Motion for Matthew S. Yeziersk to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
March 10, 2020 Opinion or Order Filing 239 ORDER granting #231 Motion for Abigail M. Butler to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
March 6, 2020 Filing 238 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Peter A. Meyer and Michael J. Kanute dated March 6, 2020 re: #233 LETTER MOTION to Compel Defendants to produce Documents Related to Deferred Prosecution Agreement addressed to Judge Paul A. Crotty from Kelly K. McNabb dated March 3, 2020. . Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - NexGen MDL Hearing Transcript).(Meyer, Peter)
March 6, 2020 Opinion or Order Filing 237 ORDER NO. 35 The Parties highlighted for the Court the need to amend the scheduling order. The Parties will submit a joint proposed Third Amended Schedule for consideration. The Court will issue its ruling by separate order. The next status conference will be held on April 16, 2020 at 10:00 AM. The conference will occur 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. No later than five (5) days prior to the 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. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/4/2020) ( Status Conference set for 4/16/2020 at 10:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (ks) Modified on 4/9/2020 (dgo).
March 5, 2020 Filing 236 ***SELECTED PARTIES***AFFIRMATION of Kelly K. McNabb in Support re: #234 LETTER MOTION for Leave to File Redacted Exhibit addressed to Judge Paul A. Crotty from Kelly K. McNabb dated March 4, 2020.. Document filed by All Defendants. (Attachments: #1 Exhibit Unredacted and Sealed Exhibit A)Motion or Order to File Under Seal: #234 .(McNabb, Kelly)
March 4, 2020 Filing 235 AFFIRMATION of Kelly K. McNabb in Support re: #234 LETTER MOTION for Leave to File Redacted Exhibit addressed to Judge Paul A. Crotty from Kelly K. McNabb dated March 4, 2020.. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Redacted Exhibit A).(McNabb, Kelly)
March 4, 2020 Filing 234 LETTER MOTION for Leave to File Redacted Exhibit addressed to Judge Paul A. Crotty from Kelly K. McNabb dated March 4, 2020. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
March 3, 2020 Filing 233 LETTER MOTION to Compel Defendants to produce Documents Related to Deferred Prosecution Agreement addressed to Judge Paul A. Crotty from Kelly K. McNabb dated March 3, 2020. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(McNabb, Kelly)
March 3, 2020 Filing 232 MOTION for Matthew S. Yezierski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18991139. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ronald Woods, Yvonne Woods, Dianna S. Wallace, Rodney Wallace, Carolyn Perkins, Leon Neeley, Sharon Neeley, Fred Williams, Wanda Moon, James F. Thompson, James Knapton, Ronald Mertz, Janice Aguirre, Robert Helt, Garrett Wright, Marijo Chilli Green, Sam Ahlgren, Sheila Ahlgren, Christine Humphrey. (Attachments: #1 Exhibit, #2 Affidavit, #3 Certificate of Good Standing, #4 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC et al..(Yezierski, Matthew)
February 27, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #231 MOTION for Abigail M. Butler to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-18942644. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 27, 2020 Filing 231 MOTION for Abigail M. Butler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18942644. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Butler, Abigail)
February 21, 2020 Filing 230 ***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated January 31, 2020 re: #217 LETTER MOTION to Seal Document #216 Reply to Response to Motion,, Letter Brief and Exhibits G and H addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Jan. 31, 2020., #206 LETTER MOTION to Compel Defendants to Produce Adverse Event and Complaint Data addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Jan. 10, 2020. (unredacted). Document filed by All Defendants. (Attachments: #1 Exhibit G - Quality Investigation Report Form No. 12014 Memorandum (June 7, 2012) UNDER SEAL, #2 Exhibit H Quality Investigation Report Form No. 12060 (Dec. 18, 2012) UNDER SEAL)Motion or Order to File Under Seal: #217 .(McNabb, Kelly)
February 19, 2020 Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 2/19/2020. REMARK: Counsel for all sides was present. The Court heard argument on Expert Disclosure Notice. The Court will rule in due time. See transcript for details. (Court Reporter Carol Ganley) (dgo)
February 19, 2020 Filing 229 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer and Michael J. Kanute dated 02/19/2020 re: Notice of Corrected Authority Related to Ex Parte Surgeon Communications. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Xarelto Amended Order Governing Ex Parte Communications).(Meyer, Peter)
February 14, 2020 Filing 228 JOINT LETTER addressed to Judge Paul A. Crotty from PEC and Defendants' Lead Counsel dated February 14, 2020 re: Parties' Joint Agenda for February 19, 2020 Conference. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
February 14, 2020 Filing 227 NOTICE OF CHANGE OF ADDRESS by James Stephen Bennett on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 110 West Berry Street, Suite 2400, Fort Wayne, IN, USA 46802, 260-424-8000..(Bennett, James)
February 12, 2020 Filing 226 NOTICE OF CHANGE OF ADDRESS by Andrea Pierson on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 300 N. Meridian Street, Suite 2500, Indianapolis, IN, USA 46204, 317-237-0300..(Pierson, Andrea)
February 12, 2020 Filing 225 NOTICE OF CHANGE OF ADDRESS by Adrienne Franco Busby on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 300 N. Meridian Street, Suite 2500, Indianapolis, IN, USA 46204, 317-237-0300..(Busby, Adrienne)
February 11, 2020 Opinion or Order Filing 224 ORDER granting #221 Motion for Heath P. Straka to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
February 11, 2020 Opinion or Order Filing 223 ORDER granting #220 Motion for Holly Werkema to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
February 11, 2020 Filing 222 NOTICE OF CHANGE OF ADDRESS by Sean Joseph Powell on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 311 S. Wacker Drive, Suite 430, Chicago, IL, USA 60606, 312-212-6500..(Powell, Sean)
February 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #221 MOTION for Heath P. Straka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18758113. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #221 MOTION for Heath P. Straka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18758113. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 11, 2020 Filing 221 MOTION for Heath P. Straka to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18758113. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Neil Richardson, Susan Richardson. (Attachments: #1 Affidavit of Heath P. Straka, #2 Exhibit A - WI Supreme Court Certificate of Good Standing, #3 Exhibit B - WD of WI Certificate of Good Standing, #4 Text of Proposed Order).(Straka, Heath)
February 11, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #220 MOTION for Holly Werkema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18751801. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
February 10, 2020 Filing 220 MOTION for Holly Werkema to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18751801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jerome Atkins. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Werkema, Holly)
February 10, 2020 Filing 219 NOTICE OF CHANGE OF ADDRESS by Michael John Kanute on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 311 S. Wacker Drive, Suite 430, Chicago, IL, USA 60606, 312-212-6501..(Kanute, Michael)
February 10, 2020 Filing 218 NOTICE OF CHANGE OF ADDRESS by Peter Andrew Meyer on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. New Address: Faegre Drinker Biddle & Reath LLP, 110 West Berry Street, Suite 2400, Fort Wayne, IN, USA 46802, 260-424-8000..(Meyer, Peter)
January 31, 2020 Filing 217 LETTER MOTION to Seal Document #216 Reply to Response to Motion,, Letter Brief and Exhibits G and H addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Jan. 31, 2020. Document filed by Plaintiffs' Executive Committee..(McNabb, Kelly)
January 31, 2020 Filing 216 LETTER REPLY to Response to Motion addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Jan. 31, 2020 re: #206 LETTER MOTION to Compel Defendants to Produce Adverse Event and Complaint Data addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Jan. 10, 2020. . Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit G; Quality Investigation Report Form No. 12014 Memorandum (June 7, 2012), #2 Exhibit H; Quality Investigation Report Form No. 12060 (Dec. 18, 2012), #3 Exhibit I; Article, #4 Exhibit J; Noto Trial Transcript).(McNabb, Kelly)
January 29, 2020 Filing 215 SEALED DOCUMENT placed in vault.(rz)
January 28, 2020 Opinion or Order Filing 214 ORDER granting #207 Motion to Seal Document. Permission Granted. (Signed by Judge Paul A. Crotty on 1/28/2020) (cf)
January 24, 2020 Filing 213 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Peter A. Meyer and Andrew Jay Peck dated January 24, 2020 re: #206 LETTER MOTION to Compel Defendants to Produce Adverse Event and Complaint Data addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Jan. 10, 2020. . Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - AU Registry Reasons for Revision, #2 Exhibit B - AU Registry - Kinectiv Reasons for Revision, #3 Exhibit C - 9/25/19 Email)(Meyer, Peter)
January 17, 2020 Filing 212 RELATED CASE AFFIRMATION of George E. McLaughlin re: that this action be filed as related to 1:18-md-02859. Document filed by Carol T Anderson.(McLaughlin, George)
January 17, 2020 Filing 211 CIVIL COVER SHEET filed. (McLaughlin, George)
January 17, 2020 Filing 210 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18539501)Document filed by Carol T Anderson.(McLaughlin, George)
January 16, 2020 Filing 209 REPLY MEMORANDUM OF LAW in Support re: #204 MOTION for Reconsideration re; #199 Order on Motion for Discovery,, to Eliminate Requirement That Zimmer's Medical Experts Notify Every Patient of Expert Work. . Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Meyer, Peter)
January 10, 2020 Filing 208 MEMORANDUM OF LAW in Opposition re: #204 MOTION for Reconsideration re; #199 Order on Motion for Discovery,, to Eliminate Requirement That Zimmer's Medical Experts Notify Every Patient of Expert Work. . Document filed by Plaintiffs' Executive Committee. (McNabb, Kelly)
January 10, 2020 Filing 207 LETTER MOTION to Seal Document #206 LETTER MOTION to Compel Defendants to Produce Adverse Event and Complaint Data addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Jan. 10, 2020. regarding Exhibits A and B, Excerpts from the Depositions of Kevin Escapule addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Jan. 10, 2020. Document filed by Plaintiffs' Executive Committee.(McNabb, Kelly)
January 10, 2020 Filing 206 LETTER MOTION to Compel Defendants to Produce Adverse Event and Complaint Data addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Jan. 10, 2020. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Text of Proposed Order, #2 Exhibit A; Escapule Dep. Mar. 2, 2018, #3 Exhibit B; Escapule Dep. Jan. 4, 2018, #4 Exhibit C; McDonald Trial Testimony Dec. 16, 2016, #5 Exhibit D; Noto Trial Testimony July 10, 2019 AM, #6 Exhibit E; Rush Article, #7 Exhibit F; Noto Trial Testimony July 10, 2019 PM)(McNabb, Kelly)
January 3, 2020 Filing 205 MEMORANDUM OF LAW in Support re: #204 MOTION for Reconsideration re; #199 Order on Motion for Discovery,, to Eliminate Requirement That Zimmer's Medical Experts Notify Every Patient of Expert Work. . Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Meyer, Peter)
January 3, 2020 Filing 204 MOTION for Reconsideration re; #199 Order on Motion for Discovery,, to Eliminate Requirement That Zimmer's Medical Experts Notify Every Patient of Expert Work. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
January 2, 2020 Opinion or Order Filing 203 ENDORSED LETTER addressed to Judge Paul A. Crotty from Holland & Knight dated December 20, 2019 re: letter requesting to remove attorneys. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 1/2/2020) Attorney Matthew Singer; Lee P. Teichner; Lee Colin Baxter and Douglas J. Serdahely terminated.(ks) Modified on 1/27/2020 (ks).
December 20, 2019 Filing 202 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 12/20/2019 re: Bellwether Mediation. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Exhibit 1- Proposed Mediation Order)(Raso, Ashleigh)
December 20, 2019 Filing 201 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer, Andrew Jay Peck, Michael J. Kanute, J. Stephen Bennett dated 12/20/2019 re: Notice Regarding Bellwether Mediation. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
December 20, 2019 Opinion or Order Filing 199 ORDER NO. 34 granting in part and denying in part #181 Motion for Discovery. Defendant's motion for an Order governing ex parte contacts with treating physicians is GRANTED in part and DENIED in part as to the Bellwether Plaintiffs. The motion is GRANTED as to contacts with prospective experts who are also treating physicians, subject to the protections set out in this Order. The Clerk of Court is directed to close the motion at Docket 181. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/19/2019) (ks) Modified on 12/20/2019 (ks).
December 19, 2019 Opinion or Order Filing 200 ORDER NO.33 MEMORIALIZING DECEMBER 12, 2019 STATUS CONFERENCE. The Court has set a control date of February 19, 2020 at 4:30 o'clock PM for the next status conference. The conference will occur 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. No later than five (5) days prior to the 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. So ordered. (Status Conference set for 2/19/2020 at 04:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 12/19/2019). Entry only in case nos. 18md2859, 18mc2859, as per Chambers. (rjm)
December 18, 2019 Filing 198 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al.(McGuirk, Kelly)
December 18, 2019 Filing 197 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/17/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al.(McGuirk, Kelly)
December 12, 2019 Minute Entry for proceedings held before Judge Paul A. Crotty: Conference held on 12/12/2019. Counsel for all sides was present. The Court heard argument on the parties' proposed selections of bellwether trial cases and on the ex-parte contact with treating physicians dispute. The Court reserved its' decision and will rule in due time. The parties were directed to meet and confer on the tissue pathology dispute. The parties can brief the tissue pathology dispute if the issue is not resolved through meet and confers. A conference is set for February 19, 2020 at 4:30 PM. See transcript for details. (Court Reporter Andrew Walker) (dgo)
December 12, 2019 Filing 196 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/26/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 12, 2019 Filing 195 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/26/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/11/2020.(McGuirk, Kelly)
December 10, 2019 Filing 194 LETTER addressed to Judge Paul A. Crotty from Andrew Jay Peck and Peter A. Meyer dated 12/10/2019 re: Reply in Support of Proposed Order Governing Ex Parte Contacts with Treating Surgeons. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
December 9, 2019 Filing 193 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer, Michael J. Kanute and J. Stephen Bennett dated 12/09/2019 re: Zimmer's Bellwether Selection Brief. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
December 9, 2019 Filing 192 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 12/9/19 re: Bellwether Case Selection. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Exhibit 1- Charts)(Raso, Ashleigh)
December 6, 2019 Filing 191 JOINT LETTER addressed to Judge Paul A. Crotty from Counsel for Zimmer and Plaintiffs' Executive Committee dated 12/06/2019 re: Agenda for December 12, 2019 Conference. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
December 4, 2019 Filing 190 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated December 4, 2019 re: #181 LETTER MOTION for Discovery Order on Ex Parte Surgeon Communications addressed to Judge Paul A. Crotty from Andrew Jay Peck, Peter A. Meyer, and Michael J. Kanute dated 11/21/2019. . Document filed by Plaintiffs' Executive Committee. (McNabb, Kelly)
December 3, 2019 Filing 189 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 12/2/19 re: Plaintiffs' Bellwether Strikes. Document filed by Plaintiffs' Executive Committee.Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-09719-PAC, 1:18-cv-09771-PAC, 1:19-cv-00790-PAC, 1:19-cv-04651-PAC(Raso, Ashleigh)
December 3, 2019 Filing 188 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 12/02/19 re: Zimmer's Notice of Bellwether Strikes. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
November 25, 2019 Filing 187 ELECTRONIC SUMMONS ISSUED as to Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (dnh)
November 25, 2019 Filing 186 ELECTRONIC SUMMONS ISSUED as to Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-10041-PAC(dnh)
November 22, 2019 Minute Entry for proceedings held before Judge Paul A. Crotty: Bellwether Selection Conference held on 11/22/2019. Counsel was present for all sides via telephone. The following two cases were randomly selected for category one: 18cv9721, Liesch et al v. Zimmer Biomet Holdings Inc et al, and 19cv699, Nutting v. Zimmer, Inc. et al. The following case was randomly selected for category two: 18cv10649, Pride et al v. Zimmer Inc et al. A conference is set for December 12, 2019 at 3 PM. See transcript for details. (Court Reporter Steven Greenblum) (dgo)
November 22, 2019 Filing 185 REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., Zimmer U.S. Inc., Zimmer Biomet Holdings, Inc., re: #169 Complaint. Document filed by Linda J.L. Radach. (Sandberg, Peter)
November 22, 2019 Filing 184 REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., Zimmer U.S. Inc. and Zimmer Biomet Holdings, Inc., re: #183 Complaint. Document filed by John Michael Lambe, Marilyn Ann Plitnik. (Sandberg, Peter)
November 22, 2019 Filing 183 COMPLAINT against Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer US, Inc.. Document filed by Marilyn Ann Plitnik, John Michael Lambe.(Sandberg, Peter)
November 22, 2019 Filing 182 NOTICE OF APPEARANCE by Patrick Andrews on behalf of Jan Bauman, Daniel Brosnan, Roberta Brosnan, Alan Koraltan, Lynda Koraltan, Donald W Liesch, Mary Jo Liesch, Janice Luckasavage, Robert Luckasavage, Donald Miller, Rita B Myrick, Jaromir Nesvadba, Miloslava Nesvadba, Earle B Pride, Judith P Pride, Jeffery P. Stevens, Judith M. Stevens, Joy Stroehmann. (Andrews, Patrick)
November 21, 2019 Filing 181 LETTER MOTION for Discovery Order on Ex Parte Surgeon Communications addressed to Judge Paul A. Crotty from Andrew Jay Peck, Peter A. Meyer, and Michael J. Kanute dated 11/21/2019. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Cook MDL Order #1, #3 Exhibit C - Cook MDL Order #2, #4 Exhibit D - MDL HIPAA Authorization, #5 Exhibit E - Excerpts from Noto Surgeon Deposition, #6 Exhibit F - Affidavit of K. Smith, #7 Exhibit G - Declaration of S. Collins)(Meyer, Peter)
November 20, 2019 Opinion or Order Filing 180 ORDER NO. 32: Accordingly, the Court declines to adopt the measures proposed in the Defendant's November 15 letter. Dkt. 176, at 3. The Court and the parties will proceed to random selection from the Second Bellwether Pool as provided in the Second Amended Schedule, with the bellwethereligible cases submitted by the Parties. Dkts. 177, 179. CONCLUSION. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/20/2019) (ks)
November 19, 2019 Filing 179 NOTICE of Second Bellwether Selection Pool List. Document filed by Plaintiffs' Executive Committee. (Raso, Ashleigh)
November 18, 2019 Filing 178 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 11/18/19 re: Plaintiffs' Response to Defendants Letter Regarding Lexecon Objections. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit)(Raso, Ashleigh)
November 18, 2019 Opinion or Order Filing 177 ORDER NO. 31 SECOND AMENDED SCHEDULE: Upon consideration of the parties' agree-to proposed amended schedule, the Court adopts the following future deadlines: Motions due by 10/19/2020. Responses due by 11/16/2020 Replies due by 12/7/2020. Fact Discovery due by 3/27/2020. Expert Discovery due by 9/11/2020. Discovery due by 12/20/2019. Status Conference set for 12/12/2019 at 03:00 PM before Judge Paul A. Crotty. MDL Bellwether Trial #1 start date: January 25, 2021. (Signed by Judge Paul A. Crotty on 11/18/2019) (jwh) Modified on 11/20/2019 (dgo).
November 15, 2019 Filing 176 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer and Andrew J. Peck dated 11/15/2019 re: Letter Requesting Restoration of Protections in Order No. 19 to Redress Plaintiff's Excessive Use of Lexecon Objections. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
November 13, 2019 Opinion or Order Filing 175 ORDER NO. 30 REGARDING THE SECOND AMENDED SCHEDULE: The Proposed Second Amended Schedule submitted by the Parties is to adjust for delays experienced in the Bellwether Selection Process. See Dkt. 170; Dkt. 163. The Court accepts November 19, 2019 as the Deadline for the Parties to Provide the Court with the Second Bellwether Selection Pool List. The Defendants asks the Court to require the PEC to provide the bases for any Lexecon objections for cases eligible for the Second Bellwether Selection Pool. Dkt. 171, at 2-3. The Court is disinclined to impose a requirement now that was not provided for by the Parties in Order No. 19, the lodestar for this Bellwether Selection Process. See Dkt. 102. The Court remains alert to the potential for Lexecon objections to be used to remove disfavored cases, and reminds all Parties of Order No. 19's admonition that the Parties participate in the Bellwether Selection Process "in good faith" and with the goal of selecting cases that are "representative," and not those that "present[] unique or idiosyncratic facts or law." Id. at 5. The Court selects December 20, 2019 for the Deadline to Complete Non-Case Specific Written Discovery and Document Production Related to the Products, Including Production of Email from the Custodians. Dkt. 171, Attachment 1, at 1. This represents an approximately two-month adjustment, which adequately reflects the delay in bellwether selection. The Court will not interpose a new Deadline to File Motion to Compel on Non-Case Specific Written Discovery and Document Production Related to the Product. As the Parties note, this "deadline was not previously part of the Scheduling Order." Id. at 2. Finally, the Court adopts January 25, 2021, as the revised MDL Bellwether Trial #1 Start Date. Id. at 4. This date similarly reflects an adjustment of about two and a half months from the date previously agreed to in Order No. 26, see Dkt. 139, at 3, and accounts for the holiday season and New Year. The Parties will submit a finalized Second Amended Schedule reflecting these dates by November 16, 2019, for approval by the Court. (Signed by Judge Paul A. Crotty on 11/13/2019) (rro)
November 13, 2019 Filing 174 NOTICE of Plaintiffs Classification of Lexecon Objection- Second Pool of Bellwether Selection. Document filed by Plaintiffs' Executive Committee. Filed In Associated Cases: 1:18-md-02859-PAC et al.(Raso, Ashleigh)
November 12, 2019 Filing 173 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated November 12, 2019 re: ex parte communications with Plaintiffs treating doctors. Document filed by Plaintiffs' Executive Committee.(McNabb, Kelly)
November 11, 2019 Filing 172 LETTER addressed to Judge Paul A. Crotty from Andrew Jay Peck and Peter A. Meyer dated 11/08/2019 re: Request for Briefing on Proposed Order Governing Ex Parte Contacts with Treating Physicians. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
November 8, 2019 Filing 171 LETTER addressed to Judge Paul A. Crotty from the Parties dated November 8, 2019 re: Second Bellwether Pool Selection and Scheduling Order. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Text of Proposed Order - Proposed Second Amended Schedule)(McNabb, Kelly)
November 4, 2019 Opinion or Order Filing 170 ORDER NO. 29: The parties are ordered to confer and submit a Proposed Amended Schedule, see, e.g., Order No. 26, Dkt. 139, by Friday, November 8 for approval by the Court. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/4/2019) (ks)
October 31, 2019 Filing 169 COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-17872535)Document filed by Linda J.L. Radach. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplement Proof of Service)(Sandberg, Peter)
October 30, 2019 Filing 168 LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated 10/30/19 re: Second Bellwether Pool Selection. Document filed by Plaintiffs' Executive Committee.(Raso, Ashleigh)
October 30, 2019 Filing 167 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 10/30/2019 re: Zimmer's Position on Inclusion of Additional Filings in Second Bellwether Selection Pool and the SDNY Cases. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
October 22, 2019 Filing 166 FIRST AMENDED COMPLAINT amending #130 Complaint against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc. with JURY DEMAND.Document filed by Bonnie Sullens. Related document: #130 Complaint.(Savage, Elizabeth)
October 21, 2019 Filing 165 LETTER addressed to Judge Paul A. Crotty from the Plaintiffs Executive Committee dated 10/16/19 re: MDL No. 2859 Bellwether Selection, Strikes and Lexecon Objections. Document filed by Plaintiffs' Executive Committee.(Raso, Ashleigh)
October 21, 2019 Filing 164 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 10-16-2019 re: MDL No. 2859 - Plaintiffs' Lexecon Objections and Potential Elimination of the Kinectiv Pool. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer Surgical, Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
October 18, 2019 Opinion or Order Filing 163 ORDER NO. 28: The Court accepts a modified version of the plans proposed by each of the parties. The parties and the Court, at a date to be suggested by the parties, will conduct a random drawing of cases to replace the three removed due to Lexecon objections, and will select two new cases in Category 1 and one new case in Category 2 from this Second Bellwether Selection Pool. The PEC shall obtain Lexecon waivers in advance for all cases to be entered in the Second Bellwether Selection Pool for random selection. The parties may confer on whether the Second Bellwether Selection Pool should include cases filed after the April 30, 2019 deadline imposed for the initial round of random selection, and whether the two cases filed in the Southern District of New York should be added, and inform the Court of their decision. See Order No. 19, Dkt. 102, at P 9(b ). Following this second round of random selection, the parties will be permitted to each exercise two strikes in each Category, filing Notices of Bellwether Strikes 16 days after the date of the random selection from the Second Bellwether Selection Pool, by 5 p.m. The parties will then return to the timetable laid out in Order No. 19 and amended in Order No. 26, filing briefs on the remaining eight cases to the Court 10 days after filing the Notices of Bellwether Strikes. See Order No. 19, Dkt. 102, at P 12; Order No. 26, Dkt. 139. Order No. 19 has always directed the bellwether selection process toward an end where this Court, after random selection and briefing on at least eight cases by the parties, selects the final four bellwether cases for trial, two from each Category. Order No. 19, Dkt. 102, at P 12. The plan adopted by this Order best respects the expectations of both parties as embodied in Order No. 19 and will ensure that the remaining cases are of "average and representative merit." Id. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/18/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al.(ks)
October 11, 2019 Opinion or Order Filing 162 ORDER granting #159 Motion for Andrea Roberts Pierson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
October 11, 2019 Opinion or Order Filing 161 ORDER granting (158) Motion for Benjamin R. Zimmermann to Appear Pro Hac Vice in case 1:18-md-02859-PAC. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-09331-PAC (dgo)
October 10, 2019 Opinion or Order Filing 160 ORDER NO.27 MEMORIALIZING SEPTEMBER 26, 2019 STATUS CONFERENCE: The Court has set a control date of December 12, 2019, at 3 o'clock PM for the next status conference. The conference will occur 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. No later than five (5) days prior to the 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. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/10/2019) ( Status Conference set for 12/12/2019 at 03:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) Filed In Associated Cases: 1:18-md-02859-PAC et al.(ks)
October 10, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #159 MOTION for Andrea Roberts Pierson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17749505. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 10, 2019 Filing 159 MOTION for Andrea Roberts Pierson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17749505. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc., Zimmer Surgical, Inc.. (Attachments: #1 Affidavit Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Proposed Order)(Pierson, Andrea)
October 9, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #158 FIRST MOTION for Benjamin R. Zimmermann to Appear Pro Hac Vice as counsel for plaintiffs, Nancy Finn and Peter Finn. Filing fee $ 200.00, receipt number ANYSDC-17743272. Motion and supporting papers to be reviewed by. The document has been reviewed and there are no deficiencies. (wb)
October 9, 2019 Filing 158 FIRST MOTION for Benjamin R. Zimmermann to Appear Pro Hac Vice as counsel for plaintiffs, Nancy Finn and Peter Finn. Filing fee $ 200.00, receipt number ANYSDC-17743272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peter Finn, Nancy Finn.(Zimmermann, Ben)
October 8, 2019 Opinion or Order Filing 157 ORDER granting (151) Motion for Susan A. Faunce to Appear Pro Hac Vice in case 1:18-md-02859-PAC (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-08734-PAC, 1:19-cv-08820-PAC (dgo)
October 7, 2019 Filing 156 NOTICE of Plaintiffs Classification of Lexecon Objections. Document filed by Plaintiffs' Executive Committee. (Raso, Ashleigh)
October 7, 2019 Filing 155 NOTICE of Plaintiffs David and Stacey Swims Election Regarding Venue and Rights Under Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). Document filed by David Swim, Stacey Swim. (Fitzgerald, Kevin)
October 7, 2019 Filing 154 NOTICE of Plaintiffs Carole and Harold Dowling's Election Regarding Venue and Rights Under Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). Document filed by Carole Dowling, Harold Dowling. (Zimmerman, Genevieve)
October 7, 2019 Filing 153 NOTICE of Plaintiff Carolyn Plante Regarding Venue and Rights Under Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). Document filed by Carolyn Plante. (Raso, Ashleigh)
September 27, 2019 Filing 152 NOTICE OF APPEARANCE by Douglass A. Kreis on behalf of Pamela L. Thetford. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-07237-PAC(Kreis, Douglass)
September 27, 2019 Filing 151 MOTION for Susan A. Faunce to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Georgia B. Leeman. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order, #4 Order Granting Motion)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-08734-PAC, 1:19-cv-08820-PAC(Faunce, Susan)
September 26, 2019 Filing 150 Minute Entry for proceedings held before Judge Paul A. Crotty: Bellwether Selection Hearing held on 9/26/2019. REMARK: Counsel for all sides were present. The Court made the following rulings before selecting bellwether trial cases: 1). Mixed-hip system cases were ruled out of the eligible bellwether case list. 2). Wrongful death cases remained on the list. The Court randomly selected 16 cases from two categories (8 per category) as the bellwether trial cases. The Court also ruled that plaintiffs do not have to produce the pathology reports for the 16 bellwether trial cases. A control date for the next conference is set for December 12, 2019 at 3 PM. Attached to this minute entry are the randomly selected 16 cases. See transcript for details.(Court Reporter Kelly Surina) (dgo).
September 26, 2019 Filing 149 NOTICE of Notice of Bellwether Eligible Cases. Document filed by Plaintiffs' Executive Committee. (Raso, Ashleigh)
September 25, 2019 Filing 148 NOTICE OF APPEARANCE by Susan A Faunce on behalf of Georgia B. Leeman. (Faunce, Susan)
September 25, 2019 Filing 147 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Susan A. Faunce to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Georgia B. Leeman. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order, #4 Order Granting Motion)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-08734-PAC, 1:19-cv-08820-PAC(Faunce, Susan) Modified on 9/26/2019 (wb).
September 20, 2019 Filing 146 JOINT LETTER addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee and Defendants' Lead Counsel dated September 20, 2019 re: Parties' Joint Agenda for September 26, 2019 Conference. Document filed by Plaintiffs' Executive Committee.(Fitzgerald, Kevin)
September 17, 2019 Opinion or Order Filing 145 ORDER granting (144) Motion for Douglass Alan Kreis to Appear Pro Hac Vice in case 1:18-md-02859-PAC (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-07237-PAC (dgo)
September 11, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #144 AMENDED MOTION for Douglass Alan Kreis to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 11, 2019 Filing 144 AMENDED MOTION for Douglass Alan Kreis to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pamela L. Thetford. (Attachments: #1 Affidavit Affidavit of Counsel in Support of Corrected Motion for Admission Pro Hac Vice, #2 Text of Proposed Order proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-07237-PAC(Kreis, Douglass)
August 20, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #143 MOTION for Douglass Alan Kreis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17458878. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida. We do not except them from a state bar association.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
August 20, 2019 Filing 143 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Douglass Alan Kreis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17458878. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pamela L. Thetford. (Attachments: #1 Affidavit Affidavit of Counsel in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-07237-PAC(Kreis, Douglass) Modified on 8/20/2019 (bcu).
August 12, 2019 Opinion or Order Filing 142 ORDER granting #141 Motion for Stuart C. Talley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
August 5, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (141 in 1:18-md-02859-PAC, 11 in 1:19-cv-06567-PAC) MOTION for Stuart C. Talley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-06567-PAC(wb)
August 2, 2019 Filing 141 MOTION for Stuart C. Talley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cherie Spiegal, Jason Spiegal. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-06567-PAC(Talley, Stuart)
July 23, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (140 in 1:18-md-02859-PAC, 10 in 1:19-cv-06567-PAC) MOTION for Stuart C. Talley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17297467. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-06567-PAC(wb)
July 23, 2019 Filing 140 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stuart C. Talley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17297467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cherie Spiegal, Jason Spiegal. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-06567-PAC(Talley, Stuart) Modified on 7/23/2019 (wb).
July 18, 2019 Filing 139 AMENDED SCHEDULE: Upon consideration of the parties' agreed-to proposed amended schedule, the Court adopts the following deadlines: Motions due by 8/13/2020. Responses due by 9/17/2020 Replies due by 10/5/2020. Fact Discovery due by 1/31/2020. (Signed by Judge Paul A. Crotty on 7/18/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. Pursuant to instructions from Chambers on 7/18/2019. (ks)
July 16, 2019 Filing 138 JOINT LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated July 16, 2019 re: Parties' Joint Update on Litigation Status. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit 1 - Proposed Amended Schedule)(Meyer, Peter)
July 15, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #137 FIRST MOTION for Alexander G. Dwyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17238999. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas; missing Proposed Order; Pursuant to Rule 1.3. the Attorney Affidavit missing the language of disciplinary.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
July 13, 2019 Filing 137 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Alexander G. Dwyer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17238999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Janet Hone. (Attachments: #1 Certificate of Good Standing)(Dwyer, Alexander) Modified on 7/15/2019 (wb).
June 27, 2019 Filing 136 ELECTRONIC SUMMONS ISSUED as to Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (pne)
June 26, 2019 Filing 135 REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., Zimmer US, Inc., Zimmer Biomet Holdings, Inc., re: #130 Complaint. Document filed by Bonnie Sullens. (Savage, Elizabeth)
June 26, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Elizabeth C. Savage to RE-FILE Document No. #134 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name in the 'To' field contains a typographical error (Zimmer Biomet Inc.). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
June 25, 2019 Filing 134 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., Zimmer US, Inc., Zimmer Biomet Holdings, Inc., re: #130 Complaint. Document filed by Bonnie Sullens. (Savage, Elizabeth) Modified on 6/26/2019 (pne).
June 18, 2019 Filing 133 JOINT LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated June 18, 2019 re: Parties' Agreement on Custodians. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
June 14, 2019 Filing 132 STATEMENT OF RELATEDNESS re: that this action be filed as related to MD-02859. Document filed by Bonnie Sullens.(Savage, Elizabeth)
June 14, 2019 Filing 131 CIVIL COVER SHEET filed. (Savage, Elizabeth)
June 13, 2019 Filing 130 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17075465)Document filed by Bonnie Sullens.(Savage, Elizabeth)
June 12, 2019 Opinion or Order Filing 129 ORDER granting #126 Motion for Ivan M Karmel to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
June 12, 2019 Opinion or Order Filing 128 ORDER granting #125 Motion for Elizabeth C. Savage to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
June 11, 2019 Opinion or Order Filing 127 ORDER N0.25 MEMORIALIZING MAY 30,2019 STATUS CONFERENCE: On May 30, 2019, the Court held a Status Conference to receive an update on the Parties' progress in MDL No. 2859. To date, there are one-hundred three (103) filed cases in this multidistrict litigation ("MDL"). The Parties informed the Court that there are eighteen (18) active cases pending in various state courts, including four ( 4) cases that are scheduled for trial within the next year. These four state court cases involve plaintiffs who had Zimmer M/L Taper Hip Prosthesis with Kinectiv Technology stems paired with a VerSys femoral head implanted and subsequently revised. The Court will conduct the next Status Conference on July 19, 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. No later than five (5) days prior to the 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 as further set forth in this Order). SO ORDERED. (Status Conference set for 7/19/2019 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 6/11/2019) (jca)
June 11, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #126 MOTION for Ivan M Karmel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17057642. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 11, 2019 Filing 126 MOTION for Ivan M Karmel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17057642. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bonnie Sullens. (Attachments: #1 Affidavit Affidavit of Counsel plus Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission for Pro Hac Vice (IMK))(Karmel, Ivan)
June 7, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #125 MOTION for Elizabeth C. Savage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17035390. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 6, 2019 Filing 125 MOTION for Elizabeth C. Savage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17035390. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bonnie Sullens. (Attachments: #1 Affidavit Affidavit of Counsel and Oregon State Supreme Court Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Savage, Elizabeth)
June 6, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #124 MOTION for Elizabeth C. Savage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17032497. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon (our court does not accept state bar certificates for Oregon). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit/Declaration - attach Proposed Order. (jc)
June 6, 2019 Filing 124 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elizabeth C. Savage to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17032497. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bonnie Sullens. (Attachments: #1 Affidavit Affidavit of Counsel with Certificate of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Savage, Elizabeth) Modified on 6/6/2019 (jc).
June 5, 2019 Opinion or Order Filing 123 ENDORSED LETTER addressed to Judge Paul A. Crotty from Karmel Savage, P.C. dated June 5, 2019 re: letter requesting an extension of time to file Short Form Complaint. ENDORSEMENT: Extension to 6/14/2019 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/5/2019) Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-04082-PAC (ks)
May 30, 2019 Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 5/30/2019. REMARK: Counsel for all sides was present. The parties provided an update and were directed to meet and confer on a convenient date for the next conference. See transcript for details. (Court Reporter Karen Gorlaski) (dgo)
May 24, 2019 Filing 122 JOINT LETTER addressed to Judge Paul A. Crotty from PEC and Defendants' Lead Counsel dated May 24, 2019 re: Parties' Joint Agenda for May 30, 2019 Conference. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A; Cert. of P. Meyer)(McNabb, Kelly)
May 23, 2019 Filing 121 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by James Florida.(Davis, Alex)
May 23, 2019 Filing 120 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by James Florida.(Davis, Alex)
May 9, 2019 Filing 119 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 3/27/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 9, 2019 Filing 118 TRANSCRIPT of Proceedings re: HEARING held on 3/27/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/30/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/7/2019.(McGuirk, Kelly)
April 30, 2019 Filing 117 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Kathleen Gotham. (Attachments: #1 Civil Cover Sheet)(Davis, Alex)
April 16, 2019 Opinion or Order Filing 116 ORDER No. 24. AMENDED SCHEDULING ORDER TO ORDER GOVERNING THE BELLWETHER SELECTION AND PROCESS: The Court adopts the following deadlines: Dispositive and Daubert motion deadline for MDL Bellwether Trial #1: 7/24/2020. Deadline for motions in limine for MDL Bellwether Trial #1: 7/31/2020. Response to dispositive and Daubert motions due: 8/21/2020. Oppositions to motions in limine due: 8/28/2020. Reply to dispositive and Daubert motions due: 9/8/2020. Reply to motions in limine due: 9/15/2020. Expert Discovery due by 6/26/2020. MDL Bellwether Trial #1 start date 10/19/2020. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/16/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
April 16, 2019 Opinion or Order Filing 115 ORDER NO. 23 in case 1:17-cv-02119-PAC; denying (106) Letter Motion for Conference ; denying (111) Letter Motion for Extension of Time in case 1:18-md-02859-PAC. Defendant's motion is DENIED. Plaintiffs' motion is DENIED. The Clerk of the Court is instructed to close the motions at Dkts. 106 and 111. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/16/19) Filed In Associated Cases: 1:18-md-02859-PAC et al. (yv)
April 15, 2019 Filing 114 LETTER addressed to Judge Paul A. Crotty from Andrew Norden dated April 15, 2019 re: Coordination of New Mexico State Court Cases. Document filed by Plaintiffs' Executive Committee.(McNabb, Kelly)
April 15, 2019 Filing 113 LETTER addressed to Judge Paul A. Crotty from Peter Meyer dated April 15, 2019 re: Zimmer's Response to Plaintiffs' Request to Relitigate the Issue of Lexecon Waivers for Bellwether Order (Doc. 111). Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - CMO-10)(Meyer, Peter)
April 11, 2019 Filing 112 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Jeremiah T O'Shea. (Attachments: #1 Civil Cover Sheet)(McLaughlin, George)
April 10, 2019 Filing 111 LETTER MOTION for Extension of Time related to Bellwether Schedule (Order No. 19) and request to reconsider Lexecon waiver strike process addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated April 10, 2019. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A, Jointly Proposed Amended Bellwether Schedule, #2 Exhibit B, Prior Orders)(McNabb, Kelly)
April 9, 2019 Filing 110 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-13) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/2/2019) (sjo)
April 8, 2019 Opinion or Order Filing 109 ORDER ON MOTION FOR SUBSTITUTION AND WITHDRAWAL OF COUNSEL granting (64) Motion to Substitute Attorney. On this date, the court considered the Motion for Substitution of Counsel of David P. Matthews, and orders Rachal G. Rojas be substituted as attorney of record for Plaintiff James F. Thompson in place of David P. Matthews. This Court also directs the clerk to remove David P. Matthews from future ECF filing notifications for the above-referenced matter as well as in the main MDL case - 1:18-mc-02859-PAC In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation. SIGNED. (Attorney David Paul Matthews terminated in case 1:18-md-02859-PAC.) (Signed by Judge Paul A. Crotty on 4/8/19) Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00310-PAC (yv)
April 6, 2019 Opinion or Order Filing 108 ORDER granting #29 Motion for Clell Calvin Warriner, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
April 6, 2019 Opinion or Order Filing 107 ORDER granting #97 Motion for Robert A. Bracken to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
April 3, 2019 Filing 106 LETTER MOTION for Conference to Further Discuss Coordination of Related Actions addressed to Judge Paul A. Crotty from Peter A. Meyer dated 04/03/2019. Document filed by Zimmer, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Discovery Requests)(Meyer, Peter)
April 2, 2019 Opinion or Order Filing 105 ORDER N0.22 MEMORIALIZING MARCH 27, 2019 STATUS CONFERENCE, The parties have agreed to coordination in the Polesovsky (New Jersey), Roseand (Pennsylvania), Del Castillo (New Mexico), and Tafoya (New Mexico) matters and will continue to work together with each other and the respective state courts to secure coordination. Finally, Plaintiffs' counsel in three New Mexico actions (Adrian, Navalesi, and Sells) have declined to agree to coordination. Counsel for the Zimmer Defendants have filed a Motion to Coordinate with the judges in those three New Mexico cases to seek coordination over Plaintiffs' counsel's objections and as further set forth in this Order. The Court will conduct the next Status Conference on May 30, 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. No later than five (5) days prior to the 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 paiiies' tentative agenda. SO ORDERED. (Status Conference set for 5/30/2019 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 4/2/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
April 2, 2019 Opinion or Order Filing 104 ORDER NO. 21. Plaintiffs who undergo a revision surgery after their complaint has been filed must file a Notice of Revision Surgery, attached as Exhibit A here, within forty-five (45) days' notice of the revision surgery. This order includes complaints which allege bilateral hip replacements. Counsel shall file the Notice of Revision Surgery both in the individual Plaintiff's docket as well as email a copy of the notice to araso@meshbesher.com and Peter.Meyer@FaegreBD.com. The Notice of Revision Surgery shall not be filed on the Master MDL Docket. In addition, Plaintiffs who undergo a revision surgery after their complaint has been filed must amend their responses to the Plaintiff Preliminary Disclosure ("PPD") and the Plaintiff Fact Sheet ("PFS"), if appropriate, and serve their amended responses on Defendants pursuant to Order No. 18 in MDL No. 2859. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/2/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
April 1, 2019 Opinion or Order Filing 103 ORDER NO. 20. Plaintiffs ask the Court to strike the 25-page declaration of Steven D. Penrod (the "Penrod Declaration") submitted by the Zimmer Defendants along with their 20-page brief on the bellwether protocol. Both parties were instructed to limit their briefs to 20 pages. Plaintiffs argue that the Penrod Declaration, which is largely analysis and argument in further support of Zimmer's position, is a thinly disguised effort to get around the Court's imposed page limit. The Court agrees. Accordingly, Plaintiffs' request is GRANTED and the Penrod Declaration is stricken. Defendants are reminded that page limits are imposed for a reason and are to be followed by both parties. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/1/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv) Modified on 4/1/2019 (yv).
April 1, 2019 Opinion or Order Filing 102 ORDER NO. 19, This order sets forth the Court's instructions regarding the bellwether selections and process in MDL No. 2859. To be eligible for inclusion in the Bellwether Selection Pool, a claim must satisfy the following criteria: Plaintiff must have undergone a revision surgery. Plaintiff's complaint must have been filed by April 30, 2019. Plaintiffs' leadership (the PEC and PSC) will engage in good faith efforts, consistent with their obligations outlined in Paragraph 6 above, to get cases of known eligible clients filed before this deadline. By July 1, 2019, Plaintiff must have submitted a Plaintiff Preliminary Disclosure ("PPD") form and Plaintiff Fact Sheet ("PFS") pursuant to Order No. _ (18-md-2859 Dkt No.__), or had deadlines to do so by that date. Bilateral revision surgeries: Plaintiffs who underwent bilateral revision surgeries are eligible for the Bellwether Trial Pool. Expert discovery for the Initial Bellwether Trial Cases shall proceed as follows: The PEC shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before February 7, 2020; and Counsel for the Zimmer Defendants shall disclose expert witnesses and submit any reports required under Fed. R. Civ. P. 26(a)(2)(B) on or before March 20, 2020. Pursuant to F.R.C.P. 26(b)(4), "[a] party may depose any person who has been identified as an expert whose opinions may be presented at trial." All expert discovery for the first Bellwether Trial Case (MDL Bellwether Trial# 1") shall be completed by no later than May 22, 2020. By 5:00 p.m. ET on February 3, 2020, the PEC and counsel for the Zimmer Defendants shall each submit letter briefs proposing the order of trials, whether either party intends to propose a multi-plaintiff trial, and setting forth the parties' supporting rationales for their proposed orders. The Court will then designate the order of the Initial Bellwether Trial Cases and, if necessary, rule on the issue of multi-plaintiff trials. MDL Bellwether Trial #1 will start on September 14, 2020. The parties shall submit any Daubert motions and any dispositive motions for MDL Bellwether Trial #1 by June 19, 2020. Any opposition to a Daubert or dispositive motion shall be filed by July 17, 2020; any reply shall be filed by August 4, 2020. The parties will submit any motions in limine for MDL Bellwether Trial #1 by June 26, 2020, with oppositions filed by July 24, 2020, and any reply filed by August 11, 2020 and as further set forth in this Order. SO ORDERED. (Expert Discovery due by 5/22/2020., Motions due by 6/26/2020., Responses due by 7/24/2019, Replies due by 8/11/2020.) (Signed by Judge Paul A. Crotty on 4/1/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
March 29, 2019 Case Designated ECF. (sjo)
March 27, 2019 Opinion or Order Filing 101 ORDER No.18. This Court sets forth the procedures governing the completion and production of the Plaintiff Preliminary Disclosure ("PPD"), the Plaintiff Pact Sheet ("PFS"), and the Defendant Fact Sheet ("DFS") in MDL Docket No. 2859 ("MDL No. 2859"). This Order shall apply to those actions previously transferred to this Court by the Judicial Panel on Multidistrict Litigation ("Panel") pursuant to its order of October 3, 2018, any tag-along actions 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. Subject to the Protective Order entered in MDL No. 2859 governing this MDL and applicable statutes and regulations, the Court hereby authorizes the Plaintiffs' Executive Committee ("PEC"), as well as any duly authorized agents or designees of the PEC, to review any and all PPDs, PFSs, DFSs, and responsive documents, as well as plaintiff-specific medical records, information, and documents to be used exclusively in connection with the preparation and discovery of these actions. Each individual plaintiff bound by this Order, shall serve a completed PPD pursuant to the following schedule as further set forth in this Order. Each individual plaintiff bound by this Order, shall serve a completed and signed PFS, executed authorizations in the form attached to the form PFS, and non-privileged documents responsive to requests in the PFS pursuant to the following schedule as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/27/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv) Modified on 3/27/2019 (yv).
March 27, 2019 Minute Entry for proceedings held before Judge Paul A. Crotty: Conference held on 3/27/2019. REMARK: Counsel for all sides was present. Science day was held. The next conference is set for May 30, 2019 at 10 AM. See transcript for details. (Court Reporter Tom Murray) (dgo)
March 26, 2019 Filing 100 NOTICE OF APPEARANCE by Ellen Relkin on behalf of Sandra Hollenkamp, William Hollenkamp. (Relkin, Ellen)
March 26, 2019 Opinion or Order Filing 99 ORDER FOR ADMISSION PRO HAC VICE. The motion of Katherine Van Dyck, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Attorney Katherine Van Dyck for Susan Proetti,Katherine Van Dyck for Susan Proetti admitted Pro Hac Vice.) (Signed by Judge Paul A. Crotty on 1/24/19) Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-11080-PAC(yv)
March 25, 2019 Filing 98 ANSWER to Complaint with JURY DEMAND. Document filed by Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc..(Kanute, Michael)
March 25, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #97 MOTION for Robert A. Bracken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
March 25, 2019 Filing 97 MOTION for Robert A. Bracken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robalee Bruesewitz, Russell Bruesewitz. (Attachments: #1 Affidavit Affidavit, #2 Exhibit PA Certificate of Good Standing, #3 Exhibit WV Certificate of Good Standing, #4 Text of Proposed Order Proposed Order)(Bracken, Robert)
March 25, 2019 ***DELETED DOCUMENT. Deleted document number #97 ORDER FOR ADMISSION PRO HAC VICE. The document was incorrectly filed in this case. (yv)
March 22, 2019 Filing 96 JOINT LETTER addressed to Judge Paul A. Crotty from Peter Meyer dated March 22, 2019 re: Parties' Joint Agenda for March 27, 2019 Hearing. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
March 22, 2019 Filing 95 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-12) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Michigan, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 3/14/2019) (sjo)
March 22, 2019 Opinion or Order Filing 93 MEMO ENDORSEMENT on re: #92 Letter Inadvertent Filing, filed by Bruce E Barr. ENDORSEMENT: Permission to strike granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/21/19) (yv)
March 21, 2019 Opinion or Order Filing 94 ORDER NO. 17. The Court has read and considered both parties' positions, submitted by letter to the Court via email, seeking clarification on the parameters of Science Day. Defendant's position of excluding Zimmer's documents, including the company's testing of the products, and individual plaintiffs' medical records, better align with the non-adversarial, educational goal of Science Day and is adopted. The Court prefers education, rather than advocacy, at this point. The parties are instructed to prepare their presentations and agenda for Science Day accordingly. So Ordered. (Signed by Judge Paul A. Crotty on 3/21/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
March 21, 2019 Filing 92 LETTER addressed to Judge Paul A. Crotty from Alex C. Davis dated 3/21/2019 re: Inadvertent Filing. Document filed by Bruce E Barr.(Davis, Alex)
March 20, 2019 Filing 91 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Daryl Smith. (Attachments: #1 Civil Cover Sheet)(Davis, Alex)
March 20, 2019 Filing 90 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Rian E. Rich. (Attachments: #1 Civil Cover Sheet)(Davis, Alex)
March 20, 2019 Filing 89 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Robert B Fick. (Attachments: #1 Civil Cover Sheet)(Davis, Alex)
March 20, 2019 Filing 88 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. Document filed by Bruce E Barr. (Attachments: #1 Civil Cover Sheet)(Davis, Alex)
March 19, 2019 Opinion or Order Filing 87 ORDER N0. 16. The Court has carefully considered both parties positions regarding the proposed Plaintiff Fact Sheet ("PFS") and Defendant Fact Sheet ("DFS") and makes the following as further set forth in this Order. The parties are to confer and submit a revised proposed order regarding the PFS and DFS to the Court, within five days, consistent with this ruling. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/19/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
March 13, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #86 MOTION for Robert A. Bracken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of West Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
March 13, 2019 Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert A. Bracken to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robalee Bruesewitz, Russell Bruesewitz. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Bracken, Robert) Modified on 3/13/2019 (wb).
March 13, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #85 MOTION for Robert A. Bracken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16484986. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of West Virginia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
March 12, 2019 Filing 85 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert A. Bracken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16484986. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robalee Bruesewitz, Russell Bruesewitz. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Bracken, Robert) Modified on 3/13/2019 (wb).
March 8, 2019 Filing 84 DOCKET ANNOTATION: On March 8, 2019, the Court mailed letters to all state court judges with pending Zimmer cases. Attached to this entry is a sample mailed letter. (dgo)
March 8, 2019 Opinion or Order Filing 83 ORDER N0.15 in case 1:17-cv-02119-PAC; granting (73) Letter Motion to Compel in case 1:18-md-02859-PAC. The parties in this action seek clarification as to the effect of Order No. 10, the Joint Coordination Order, (18-md-2859, Dkt. 74), on related state court proceedings. (See PJ's Motion to Compel, Dkt. 73; Def. Response, Dkt. 77). To address their concerns, the Joint Coordination Order is amended to include the following language after Section A.2: This Order does not automatically stay state court proceedings or trial upon the completion of discovery; such is left to the judgement and discretion of the court in that Action. Nonetheless, the parties are encouraged to proceed in good faith and keep both courts apprised of the status of their respective cases. Coordinated Actions will coordinate trial dates with the MDL Proceedings to avoid scheduling conflicts. The Clerk of the Court is directed to close the motion at Dkt. 73. So Ordered. (Signed by Judge Paul A. Crotty on 3/8/19) Filed In Associated Cases: 1:18-md-02859-PAC et al. (yv)
March 8, 2019 Opinion or Order Filing 82 ORDER N0.14. The Court has arranged for the use of CourtCall, an independent conference call company, to enable counsel and any interested parties (including members of the press) to listen to future conferences in this multidistrict litigation. In order to use CourtCall to listen to a conference, a party must call CourtCall's reservation desk at (888) 882-6878 no later than 4:00 p.m. Eastern Time seven business days prior to each conference date. CourtCall will provide each participant with written confirmation of his or her registration and a number for the participant to call at the appointed time. Unless the Court orders otherwise on good cause shown by letter motion in advance of the conference, all CourtCall participants will be in "listen-only" mode. So Ordered. (Signed by Judge Paul A. Crotty on 3/8/19) Filed In Associated Cases: 1:18-md-02859-PAC et al.(yv)
March 8, 2019 Filing 81 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-11) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maine and Pennsylvania, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 03/4/2019) (sjo)
March 7, 2019 Opinion or Order Filing 80 MEMO ENDORSEMENT on re: #72 Letter, filed by Zimmer US, Inc., Zimmer, Inc., Zimmer Production Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet Fegan, Inc., Zimmer Orthopaedic Surgical Products, Inc.. ENDORSEMENT: The parties' request to modify the schedule (pg 2) is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/7/2019) ( Brief due by 3/27/2019., Deposition due by 3/8/2019.) (ks)
March 7, 2019 Opinion or Order Filing 79 ORDER NO. 13. It is hereby ORDERED as follows: It is the intention of the Parties that all Materials be preserved in a manner that permits the Parties equal access to and analysis of the Materials, and that neither Party will alter the Materials in any way prior to reaching an agreement in writing regarding the testing or inspection of the Materials. Only if no such agreement can be reached will the Patties seek the Court's guidance as further set forth in this order. Nothing herein shall be construed to preclude a Party from challenging the method of preservation of any Materials. The Court DIRECTS the Clerk to file a copy of this order in MDL 2859, and it shall apply to all cases that are or become a part of MDL 2859 or are coordinated with MDL 2859. (Signed by Judge Paul A. Crotty on 3/7/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al.(ks) Modified on 3/8/2019 (ks).
March 7, 2019 Opinion or Order Filing 78 ORDER granting #70 Letter Motion to Substitute Attorney. Added attorney Rachal G. Rojas for Wanda Moon. Attorney Brian B Winegar terminated (Signed by Judge Paul A. Crotty on 2/22/2019) (ks)
March 6, 2019 Filing 77 LETTER RESPONSE to Motion addressed to Judge Paul A. Crotty from Michael J. Kanute dated March 6, 2019 re: #73 LETTER MOTION to Compel Zimmer Defendants to comply with the Joint Coordination Order addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Mar. 1, 2019. . Document filed by Select Orthopedics, Inc., Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit 1-Powell emails, #2 Exhibit 2-Brief in Support of Plaintiffs' Motion to Transfer, #3 Exhibit 3-11/12/18 Letter to Judge Crotty, #4 Exhibit 4-(Navalesi) Plaintiffs' First Request for Production of Documents to Defendants, #5 Exhibit 5-(Sells) Plaintiffs' First Request for Production of Documents to Defendants, #6 Exhibit 6-Norden email, #7 Exhibit 7-(Polesovsky) Certification of Joshua S. Kincannon, Esq. in Support of Plaintiff's Motion to Coordinate, #8 Exhibit 8-12/6/18 Court Transcript)(Kanute, Michael)
March 1, 2019 Filing 73 LETTER MOTION to Compel Zimmer Defendants to comply with the Joint Coordination Order addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Mar. 1, 2019. Document filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A; Dec. 6, 2018 Transcript)(McNabb, Kelly)
February 27, 2019 Filing 72 JOINT LETTER addressed to Judge Paul A. Crotty from The Parties dated 02/27/2019 re: Provision of ESI and Corporate Organization Information. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Notice of 30(B)(6) Deposition)(Meyer, Peter)
February 21, 2019 Filing 71 NOTICE of Notice of Plaintiffs' Executive Committee Filing the Short Form Complaint and Long Form Complaint. Document filed by Ashleigh Raso, Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Exhibit A: Long Form Complaint, #2 Exhibit Exhibit B: Short Form Complaint)(Raso, Ashleigh)
February 20, 2019 Filing 70 MOTION to Substitute Attorney. Old Attorney: Brian B. Winegar, New Attorney: Rachal G. Rojas . Document filed by Wanda Moon. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00141-PAC(Rojas, Rachal)
February 19, 2019 Opinion or Order Filing 69 ORDER granting #68 Letter Motion for Extension of Time. Request granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/19/19) (yv)
February 14, 2019 Filing 68 LETTER MOTION for Extension of Time to submit proposed Fact Sheet Order addressed to Judge Paul A. Crotty from Peter A. Meyer dated 02/14/2019. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
February 14, 2019 Opinion or Order Filing 67 ORDER NO. 12. Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Paul A. Crotty on 2/14/2019) (ks) Modified on 2/15/2019 (dgo).
February 14, 2019 Opinion or Order Filing 66 ORDER NO. 11. The Plaintiffs and Zimmer, Inc., Zimmer US, Inc., and Zimmer Biomet Holdings, Inc. ("The Parties") hereby agree to the following protocol for production of electronically stored information ("ESI") and paper ("hardcopy") documents. Subject to protective orders in this Action, this protocol governs all production in the matter as a supplement to the Federal Rules of Civil Procedure, this Court's Local Rules, and any other applicable orders and rules. This protocol has the objective to facilitate the just, speedy, and inexpensive completion of discovery ofESI and hardcopy documents and to promote, whenever possible, the early resolution of disputes regarding the discovery of ESI without Court intervention. Nothing in this protocol shall limit a party's right to seek or object to discovery as set out in applicable rules or to object to the authenticity oradmissibility of any hardcopy document or ESI produced in accordance with this protocol and as further set forth in this order. (Signed by Judge Paul A. Crotty on 2/14/2019) (ks) Modified on 2/15/2019 (dgo).
February 14, 2019 Opinion or Order Filing 65 ORDER NO. 10. NOW, THEREFORE, IT IS ORDERED that the parties are to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and discovery and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions and, to that end, the following procedures for discovery and pretrial proceedings shall be adopted and as further set forth in this order. (Signed by Judge Paul A. Crotty on 2/14/2019) (ks) Modified on 2/15/2019 (dgo).
February 12, 2019 Filing 64 MOTION to Substitute Attorney. Old Attorney: David P. Matthews, New Attorney: Rachal G. Rojas . Document filed by James F. Thompson. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00310-PAC(Rojas, Rachal)
February 11, 2019 Filing 63 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 02/11/2019 re: Information on Pending, Related State Court Actions. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - State Court Cases Within Subject-Matter Scope of MDL No. 2859)(Meyer, Peter)
February 8, 2019 Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/29/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 8, 2019 Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/29/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019.(McGuirk, Kelly)
February 7, 2019 Opinion or Order Filing 60 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)
February 7, 2019 Opinion or Order Filing 59 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).
February 7, 2019 Opinion or Order Filing 58 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)
February 5, 2019 Filing 57 LETTER addressed to Judge Paul A. Crotty from Peter A. Meyer dated 02/05/2019 re: Zimmer's Response to Plaintiffs' Motion to Compel. Document filed by Zimmer, Inc.. (Attachments: #1 Exhibit A - 1/30/19 Hearing Transcript)(Meyer, Peter)
February 4, 2019 Filing 56 LETTER MOTION to Compel Zimmer Defendants to produce all prior discovery addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee dated Feb. 4, 2019. Document filed by Daniel Brosnan, Roberta Brosnan, Darcy Davis, Glen Davis, Carole Derifield, Michael Derifield, Gary P. Durst, Robert Fick, James Florida, David C Gabler, Wendy Gabler, Debora Gellatly, Mary Graham-Fortin, Debra Haddad, Louis Haddad, Jr, Judith Harms, Samuel Harms, Dianna Harris, Robert Harris, Amanda Rae Heineman, Laura Jo Herman, Daniel W. Hickey, Sandra Hollenkamp, William Hollenkamp, SCOTT KLABUNDE, Donald Laukka, Suzanne Laukka, Donald W Liesch, Mary Jo Liesch, Joseph F Little, Nancy J Little, Diana Lloyd, Robert Lloyd, Janice Luckasavage, Robert Luckasavage, Jill Metzger, John Metzger, Donald Miller, Janice E Miller, Wanda Moon, Rita B Myrick, Jean Nattier, William Nattier, David Ness, Kathy Ness, Tamma Nutting, David Pastor, Carolyn Plante, Sheila Plourde, Jackie Powell, Earle B Pride, Judith P Pride, Susan Proetti, Rian E. Rich, Jennifer Roberts, Timothy G Scott, Joseph Shaw, Daryl Smith, Terry Steen, James Strode, Sheryl Strode, James F. Thompson, Julie Thurston, Pollyanna Torres, Richard P. Torres, James Viania, Carol Waldeier, Jeanne Wuornos, Robert Wuornos. (Attachments: #1 Exhibit A; Sedona Conf. Cooperation Proclamation, #2 Exhibit B; Giordano Order)(McNabb, Kelly)
February 4, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kelly K. McNabb to RE-FILE Document #55 LETTER MOTION to Compel Zimmer Defendants to Produce all prior discovery addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Feb. 4, 2019. ERROR(S): No signature or s/. (db)
February 4, 2019 Filing 55 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION to Compel Zimmer Defendants to Produce all prior discovery addressed to Judge Paul A. Crotty from Plaintiffs Executive Committee dated Feb. 4, 2019. Document filed by Daniel Brosnan, Roberta Brosnan, Darcy Davis, Glen Davis, Carole Derifield, Michael Derifield, Gary P. Durst, Robert Fick, James Florida, David C Gabler, Wendy Gabler, Debora Gellatly, Mary Graham-Fortin, Debra Haddad, Louis Haddad, Jr, Judith Harms, Samuel Harms, Dianna Harris, Robert Harris, Amanda Rae Heineman, Laura Jo Herman, Daniel W. Hickey, Sandra Hollenkamp, William Hollenkamp, SCOTT KLABUNDE, Donald Laukka, Suzanne Laukka, Donald W Liesch, Mary Jo Liesch, Joseph F Little, Nancy J Little, Diana Lloyd, Robert Lloyd, Janice Luckasavage, Robert Luckasavage, Jill Metzger, John Metzger, Donald Miller, Janice E Miller, Wanda Moon, Rita B Myrick, Jean Nattier, William Nattier, David Ness, Kathy Ness, Tamma Nutting, David Pastor, Carolyn Plante, Sheila Plourde, Jackie Powell, Earle B Pride, Judith P Pride, Susan Proetti, Rian E. Rich, Jennifer Roberts, Timothy G Scott, Joseph Shaw, Daryl Smith, Terry Steen, James Strode, Sheryl Strode, James F. Thompson, Julie Thurston, Pollyanna Torres, Richard P. Torres, James Viania, Carol Waldeier, Jeanne Wuornos, Robert Wuornos. (Attachments: #1 Exhibit A; Sedona Conf. Cooperation Proclamation, #2 Exhibit B; Giordano Order)(McNabb, Kelly) Modified on 2/4/2019 (db).
January 30, 2019 Opinion or Order Filing 54 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)
January 30, 2019 Opinion or Order Filing 53 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)
January 30, 2019 Opinion or Order Filing 52 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)
January 30, 2019 Opinion or Order Filing 51 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)
January 30, 2019 Minute Entry for proceedings held before Judge Paul A. Crotty: Conference held on 1/30/2019. Counsel for all sides were present. The next conference is set for March 27, 2019 at 10 AM. Science day is also set for March 27, 2019. See transcript for details. (Court Reporter Pamela Utter) (dgo)
January 30, 2019 Filing 50 NOTICE OF APPEARANCE by Thomas R. Anapol on behalf of Gary P. Durst. (Anapol, Thomas)
January 28, 2019 DOCKET ANNOTATION: Counsel may appear via conference call but cannot participate in discussion. The dial-in number is: 888-363-4749. The access code is: 8539662. (dgo)
January 24, 2019 Filing 49 JOINT LETTER addressed to Judge Paul A. Crotty from Plaintiffs' Executive Committee and Lead Counsel for Zimmer Defendants dated 1/24/2019 re: Proposed Agenda for January 29, 2019 Conference. Document filed by Temporary Lead Counsel.(McNabb, Kelly)
January 24, 2019 Opinion or Order Filing 48 ORDER granting #43 Motion for Rachal G. Rojas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
January 24, 2019 Opinion or Order Filing 47 ORDER granting #40 Motion for Genevieve M. Zimmerman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
January 24, 2019 Opinion or Order Filing 46 ORDER granting #37 Motion for Katherine Van Dyck to Appear Pro Hac Vice (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
January 22, 2019 Filing 45 NOTICE OF APPEARANCE by Andrew J. Peck on behalf of Zimmer, Inc.. (Peck, Andrew)
January 22, 2019 Filing 44 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-10) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Idaho and Pennsylvania, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/18/2019) (sjo)
January 15, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (5 in 1:19-cv-00310-PAC, 9 in 1:19-cv-00141-PAC, 43 in 1:18-md-02859-PAC) MOTION for Rachal G. Rojas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00141-PAC, 1:19-cv-00310-PAC(wb)
January 14, 2019 Filing 43 MOTION for Rachal G. Rojas to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James F. Thompson, Wanda Moon. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00141-PAC, 1:19-cv-00310-PAC(Rojas, Rachal)
January 14, 2019 Filing 42 PRE-CONFERENCE STATEMENT re Remand of Case. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc..(Meyer, Peter)
January 11, 2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (4 in 1:19-cv-00310-PAC, 41 in 1:18-md-02859-PAC, 8 in 1:19-cv-00141-PAC) MOTION for Rachal G. Rojas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16178864. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas (our court does not accept state bar certificates for Texas). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00141-PAC, 1:19-cv-00310-PAC(jc)
January 11, 2019 Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rachal G. Rojas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-16178864. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James F. Thompson, Wanda Moon. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:19-cv-00141-PAC, 1:19-cv-00310-PAC(Rojas, Rachal) Modified on 1/11/2019 (jc).
January 7, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Genevieve M. Zimmerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16150866. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
January 7, 2019 Filing 40 MOTION for Genevieve M. Zimmerman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16150866. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Terry Steen. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Supplement Certificate of Good Standing)(Zimmerman, Genevieve)
January 7, 2019 Filing 39 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-9) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Pennsylvania, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/3/2019) (sjo)
January 7, 2019 Filing 38 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-7)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Wyoming, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/27/2018) (sjo)
January 4, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for Katherine Van Dyck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16141201. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 4, 2019 Filing 37 MOTION for Katherine Van Dyck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16141201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Susan Proetti. (Attachments: #1 Certificate of Service, #2 Affidavit Supporting Motion to Admit Counsel Pro Hac Vice, #3 Certificate of Good Standing, #4 Proposed Order)(Van Dyck, Katherine)
December 20, 2018 Filing 36 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-6) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Connecticut and Maryland, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/17/2018) (sjo)
December 19, 2018 Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 12/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 19, 2018 Filing 34 TRANSCRIPT of Proceedings re: conference held on 12/6/2018 before Judge Jesse M. Furman. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/19/2019.(McGuirk, Kelly)
December 17, 2018 Opinion or Order Filing 33 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)
December 13, 2018 ***DELETED DOCUMENT. Deleted document number 32 ORDER. The document was incorrectly filed in this case. (yv)
December 12, 2018 Opinion or Order Filing 31 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: 45 Days. Referred to Magistrate Judge Debra C. Freeman. So Ordered. (Signed by Judge Jesse M. Furman on 12/13/18) (yv)
December 12, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #30 Proposed Order was reviewed and approved as to form. (km)
December 11, 2018 Filing 30 PROPOSED ORDER. Document filed by Daniel Brosnan, Roberta Brosnan, Darcy Davis, Glen Davis, Carole Derifield, Michael Derifield, Robert Fick, James Florida, David C Gabler, Wendy Gabler, Debora Gellatly, Mary Graham-Fortin, Judith Harms, Samuel Harms, Dianna Harris, Robert Harris, Amanda Rae Heineman, Laura Jo Herman, Daniel W. Hickey, Sandra Hollenkamp, William Hollenkamp, SCOTT KLABUNDE, Donald Laukka, Suzanne Laukka, Donald W Liesch, Mary Jo Liesch, Joseph F Little, Nancy J Little, Diana Lloyd, Robert Lloyd, Janice Luckasavage, Robert Luckasavage, Jill Metzger, John Metzger, Donald Miller, Janice E Miller, Rita B Myrick, Jean Nattier, William Nattier, David Ness, Kathy Ness, David Pastor, Carolyn Plante, Sheila Plourde, Jackie Powell, Earle B Pride, Judith P Pride, Susan Proetti, Rian E. Rich, Jennifer Roberts, Timothy G Scott, Joseph Shaw, Daryl Smith, Terry Steen, James Strode, Sheryl Strode, Julie Thurston, Pollyanna Torres, Richard P. Torres, James Viania, Carol Waldeier. (McNabb, Kelly) Proposed Order to be reviewed by Clerk's Office staff.
December 11, 2018 Pro Hac Vice Fee Payment: for #29 MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-16036472.(Warriner, Clell)
December 11, 2018 ***DELETED DOCUMENT. Deleted document number #30 SCHEDULING ORDER. The document was incorrectly filed in this case. (rro)
December 11, 2018 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)
December 10, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #29 MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (bcu)
December 10, 2018 Filing 29 MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph F Little, Nancy J Little. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Warriner, Clell)
December 10, 2018 Opinion or Order Filing 28 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement: 45 Days. Referred to Magistrate Judge Ona T. Wang. So Ordered. (Signed by Judge Jesse M. Furman on 12/10/18) (yv)
December 7, 2018 Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 12/7/2018. REMARK: Temporary lead counsel for plaintiffs Wendy Fleishman, Kelly McNabb, and Andrew Norden were present. Counsel for several individual plaintiffs were present. Michael Kanute, Peter Meyer, Steve Bennet, and John Winter appeared for the defendants. The parties were directed to memorialize the initial conference via ECF letter by Tuesday, December 11, 2018. The proposed orders are due by January 21, 2019. Five days before the next conference the parties are to submit a letter regarding the conference agenda. A pretrial conference is set for January 29, 2019 at 11 AM. See transcript for details. (Court Reporter Steve Griffing) (dgo)
December 7, 2018 Opinion or Order Filing 27 ORDER granting #26 Motion for Alex Cubberly Davis to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
December 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 FIRST MOTION for Alex Cubberly Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16009785. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 6, 2018 Filing 26 FIRST MOTION for Alex Cubberly Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16009785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by James Florida. (Attachments: #1 Supplement Cert of Good Standing, #2 Affidavit Motion Pro Hac, #3 Text of Proposed Order Proposed Order)(Davis, Alex)
December 6, 2018 Opinion or Order Filing 25 ORDER granting #19 Motion for Brenda S. Fulmer to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
December 6, 2018 Opinion or Order Filing 24 ORDER granting #11 Motion for John A. Zick to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo)
December 5, 2018 Filing 23 NOTICE OF APPEARANCE by Tobias Millrood on behalf of Rian E. Rich. (Millrood, Tobias)
December 3, 2018 Filing 22 JOINT LETTER addressed to Judge Paul A. Crotty from Michael J. Kanute, Kelly K. McNabb and Andrew Norden dated December 3, 2018 re: Proposed Agenda and Schedule for Pretrial. Document filed by Select Orthopedics, Inc., Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A-Plaintiffs' Proposed Pretrial Scheduling Order)(Kanute, Michael)
December 3, 2018 Filing 21 NOTICE OF APPEARANCE by Alex C. Davis on behalf of James Florida. (Attachments: #1 Exhibit Appearance of Counsel, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Standing)(Davis, Alex)
December 3, 2018 Filing 20 NOTICE OF APPEARANCE by John D. Winter on behalf of Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Winter, John)
November 30, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (19 in 1:18-md-02859-PAC, 14 in 1:18-cv-10393-PAC) MOTION for Brenda S. Fulmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15984146. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(jc)
November 30, 2018 Filing 19 MOTION for Brenda S. Fulmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15984146. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph F Little, Nancy J Little. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(Fulmer, Brenda)
November 29, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (13 in 1:18-cv-10393-PAC, 18 in 1:18-md-02859-PAC) MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-15975230. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(wb)
November 29, 2018 Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Clell Calvin Warriner, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15975230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joseph F Little, Nancy J Little. (Attachments: #1 Affidavit in Support of PHV, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC(Warriner, Clell) Modified on 11/29/2018 (wb).
November 28, 2018 Filing 17 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-5)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Minnesota and Missouri, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/27/2018) (sjo)
November 28, 2018 Filing 16 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-4) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Ohio, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/26/2018) (sjo)
November 27, 2018 Filing 15 LETTER addressed to Judge Paul A. Crotty from Michael J. Kanute dated November 27, 2018 re: Status of the Litigation. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A-Pending Related Federal Cases, #2 Exhibit B-Pending Related State Cases)(Kanute, Michael)
November 27, 2018 Filing 14 LETTER addressed to Judge Paul A. Crotty from Plaintiffs' Temporary Lead Counsel dated 11/27/2018 re: Initial Status Letter. Document filed by Temporary Lead Counsel. (Attachments: #1 Schedule of Actions)(McNabb, Kelly)
November 26, 2018 Filing 13 LETTER addressed to Judge Paul A. Crotty from Temporary Lead Counsel dated 11/26/2018 re: Plaintiffs' Leadership Structure. Document filed by Temporary Lead Counsel. (Attachments: #1 Exhibit A, MDL Opposition, #2 Exhibit B, 11/14/18 Bruno e-mail, #3 Exhibit C, Bruno state court briefing, #4 Exhibit D, Fallon Article, #5 Exhibit E, McDonald Verdict)(McNabb, Kelly)
November 21, 2018 Filing 12 LETTER addressed to Judge Paul A. Crotty from Michael J. Kanute dated November 21, 2018 re: Zimmer's Supplemental Response to Plaintiffs' Proposed Leadership. Document filed by Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc..(Kanute, Michael)
November 20, 2018 Filing 11 MOTION for John A. Zick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-15940451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pollyanna Torres, Richard P. Torres.Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10811-PAC(Zick, John)
November 19, 2018 Filing 10 LETTER addressed to Judge Paul A. Crotty from Michael J. Kanute dated November 19, 2018 re: Response to Plaintiffs' Proposed Leadership. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc., Zimmer Biomet US, Inc., Zimmer Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit 1 - MDL Petition, #2 Exhibit 2 - Noto Email Chain, #3 Exhibit 3 - Noto Motion to Stay, #4 Exhibit 4 - Bruno Email Chain, #5 Exhibit 5 - Bruno Motion to Compel)(Kanute, Michael)
November 16, 2018 Filing 9 LETTER addressed to Judge Paul A. Crotty from Temporary Lead Counsel dated November 16, 2018 re: Direct Filing Order. Document filed by Temporary Lead Counsel.(McNabb, Kelly)
November 15, 2018 Filing 8 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maine, New Jersey and Pennsylvania, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/13/2018) (sjo)
November 12, 2018 Filing 7 LETTER addressed to Judge Paul A. Crotty from Temporary Lead Counsel dated November 12, 2018 re: Plaintiffs' Counsel Leadership Structure. Document filed by Temporary Lead Counsel.(McNabb, Kelly)
November 12, 2018 Filing 6 LETTER addressed to Judge Paul A. Crotty from Michael J. Kanute dated 11/12/2018 re: Zimmer Defendants' Position on Direct Filing. Document filed by Select Orthopedics, Inc., Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer Production Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit 1 - JPML Order Declining Transfer, #2 Exhibit 2 - JPML Order Seeking Information)(Kanute, Michael)
November 2, 2018 Filing 5 NOTICE of Proof of Service of Order No. 1. Document filed by Zimmer Biomet Fegan, Inc., Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Group Exhibit to Proof of Service of Order No. 1)(Meyer, Peter)
November 2, 2018 Filing 4 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Maine, Maryland, Michigan, North Carolina and Rhode Island, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 11/1/2018) (sjo)
October 26, 2018 Opinion or Order Filing 3 ORDER, It appearing that the civil actions listed on Schedule A, attached hereto - which were transferred to this Court by the October 3, 2018 Order of the Judicial Panel on Multidistrict Litigation ("JPML") (MDL Docket No. 1 ("MDL")) merit special attention as complex litigation, it is hereby ORDERED that: The provisions of this Order shall govern the practice and procedure in those actions: (1) transferred to this Court by the JPML pursuant to its October 3, 2018 Order; (2) all related actions involving Zimmer defendants ("Zimmer") and concerning actions for damages stemming from an alleged defect in the Zimmer M/L Taper Hip Prosthesis ("M/L Taper") or the Zimmer M/L Taper Hip Prosthesis with Kinectiv Technology ("Kinectiv"), when either is paired with the Versys Hip System Femoral Head, that are filed in the Southern District of New York and have previously been or will be transferred to MDL-2859; and (3) any "tag-along" actions later filed in, removed to, or transferred to this Court. The Clerk will send a copy of this Order to counsel for any plaintiffs or newly named defendants in any case newly filed or transferred to this Court. The civil actions listed on Schedule A are consolidated for pretrial purposes. Any "tagalong" actions later removed to or transferred to this Court, or directly filed in the Southern District of New York, will automatically be consolidated with this action without the necessity of future motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. Defense counsel shall confer and advise the Court, no later than November 12, 2018, by joint letter, not to exceed three pages, whether they will stipulate that they will not object, based on improper venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applicable to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. 1804(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. 1391, after considering the recommendations of the parties to that case. All orders, pleadings, motions, and other documents served or filed in 18-MD-2859 shallbear the following caption as further set forth in this Order. All papers filed in any of these cases shall be docketed on the MDL docket and on the docket of each individual case to which it pertains. The Clerk of Court is directed to open a master case file bearing docket number 18-MC-2859. Any filing fees associated with opening the master case file docket are waived. The caption shall read "In re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation." For administrative purposes only, in 18-MC-2859, Plaintiffs shall be listed as "Zimmer MDL Plaintiffs," and Defendants shall be listed as "Zimmer MDL Defendants." There will be no appearances entered unless and until the Court orders otherwise. The Clerk of Court is directed to transfer Docket No. 1 (Transfer Order) from 18-MD- 2859 to 18-MC-2859, to be followed by this Order (Order No. 1). This Order shall also be docketed in 18-MD-2859, and all matters consolidated therewith. This Order and all subsequent entries docketed in 18-MC-2859 are to be docketed simultaneously in 18-MD-2859. The Court will conduct an Initial Conference on December 6, 2018, at 11 a.m., in Courtroom 14-C at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Counsel shall 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. To facilitate the Court's consideration of those issues, the Court hereby designates the following as temporary lead counsel for Plaintiffs ("Temporary Lead Counsel") as further set forth in this Order. Temporary Lead Counsel shall confer with other Plaintiffs' counsel and, no later than November 12, 2018, submit a letter to the Court, not to exceed five pages, setting forth the following information in separate sections as further set forth in this Order. If Defendants wish to be heard on these matters, they may jointly file a letter in response, no later than November 19, 2018, and not to exceed five pages. Temporary Lead Counsel and defense counsel shall file these letters in both 18-MD-2859 and 18-MC-2859. No later than November 27, 2018, Plaintiffs (through Temporary Lead Counsel) and Defendants shall submit to the Court status letters (that is, one letter on behalf of all Plaintiffs and one letter on behalf of all Defendants) setting forth the following information in separate paragraphs as further set forth in this Order. Each letter shall not exceed ten single-spaced pages (exclusive of the lists, which may be provided as attachments) and shall be filed as a letter on ECF. Counsel shall file the letters in both 18-MD-2859 and 18-MC-2859 as further set forth in this Order. This Order vacates any case management or scheduling order issued by a court prior to the transfer of a case to l8-MD-2859. Pending the Initial Conference and further orders of this Court, all deadlines in this action (except those set forth herein), including defendants' time to respond to any of the complaints and all discovery deadlines, are stayed. This Order does not, however, preclude the provision of voluntary discovery by any party. Any and all pending motions in the transferor courts are denied without prejudice, and will be adjudicated under procedures set forth in this Order and subsequent orders issued by this Court. Pending the development of a fair and efficient schedule, all outstanding discovery proceedings are suspended until further order of this Court, and no further discovery shall be initiated. This directive does not as further set forth in this Order. No motion shall be filed under Rule 11, Rule 37, or Rule 56 without the Court's approval. To obtain such approval, the movant shall file a letter-motion on ECF seeking a premotion conference with the Court. No motion (other than under Rule 12) shall be filed unless it includes a certification that the movant has conferred with opposing parties and made a good faith effort to resolve the matter without court action. For ease of reference, the following chart summarizes the submissions to be made in advance of the December 6, 2018 initial conference as further set forth in this Order. As noted above, all of those submissions shall be filed in both 18-MD-2859 and 18-MC-2859. As of today's date, all actions listed on Schedule A have not yet been transferred to this Court. Accordingly, it is hereby ORDERED that, no later than November 2, 2018, counsel for Zimmer shall serve this Order electronically on counsel for all parties in all such actions and file proof of such service forthwith. So Ordered. (Initial Conference set for 12/6/2018 at 11:00 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 10/26/18) Filed In Associated Cases: 1:18-md-02859-PAC et al. (yv) Transmission to Attorney Services/Help Desk. Transmission to Docket Assistant Clerk for processing.
October 26, 2018 ***DELETED DOCUMENT. Deleted document number #3 Order. The document was incorrectly filed in this case. (yv)
October 22, 2018 Filing 2 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, Florida, Michigan, Minnesota, Missouri and Washington, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/15/2018) (sjo)
October 9, 2018 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)
October 9, 2018 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:17-cv-02119 (PAC). (sjo)
October 9, 2018 Case Designated ECF. (sjo)
October 9, 2018 Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Alaska, California, Florida, Maine, Michigan, Minnesota, New York and Wisconsin, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Paul A. Crotty, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 10/3/2018) (sjo)

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Search for this case: In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation
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Defendant: Zimmer, Inc.
Represented By: Llonyddwch Rhyddid Watkins
Represented By: Sean Joseph Powell
Represented By: Zane Christian Riester
Represented By: Douglas L. Prochnow
Represented By: Minji Kim
Represented By: L. Pahl Zinn
Represented By: Llonyddwch R. Watkins
Represented By: Troy A. Bozarth
Represented By: Matthew Singer
Represented By: Blake Anthony Angelino
Represented By: James Stephen Bennett
Represented By: Lee Colin Baxter
Represented By: Peter A. Meyer
Represented By: Elisha C. Biel
Represented By: Douglas J. Serdahely
Represented By: E. Pennock Gheen
Represented By: Michael J Kanute
Represented By: Margaret L. Fowler
Represented By: Ruben Ignacio Gonzalez
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: Evelyn E Winters
Represented By: Mary Elizabeth Dyer Kellett
Represented By: Dino S Sangiamo
Represented By: Paul V. Sullivan
Represented By: Edward J. Fanning, Jr.
Represented By: Jean Paige Patterson
Represented By: John D. Winter
Represented By: Ryan C. Edwards
Represented By: Andrew J. Peck
Represented By: Peter Andrew Meyer
Represented By: Michael John Kanute
Represented By: Abigail M. Butler
Represented By: Andrea Pierson
Represented By: Dino Santo Sangiamo
Represented By: James A. Frederick
Represented By: Traci McKee
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Defendant: Zimmer Holdings, Inc.
Represented By: Llonyddwch Rhyddid Watkins
Represented By: Zane Christian Riester
Represented By: Douglas L. Prochnow
Represented By: Minji Kim
Represented By: L. Pahl Zinn
Represented By: Llonyddwch R. Watkins
Represented By: Troy A. Bozarth
Represented By: Blake Anthony Angelino
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Tarifa B Laddon
Represented By: Lee Colin Baxter
Represented By: Peter A. Meyer
Represented By: Adrienne Franco Busby
Represented By: Elisha C. Biel
Represented By: Douglas J. Serdahely
Represented By: Michael J Kanute
Represented By: Margaret L. Fowler
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: Mary Elizabeth Dyer Kellett
Represented By: Dino S Sangiamo
Represented By: Paul V. Sullivan
Represented By: Edward J. Fanning, Jr.
Represented By: Jean Paige Patterson
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Michael John Kanute
Represented By: Dino Santo Sangiamo
Represented By: James A. Frederick
Represented By: Traci McKee
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Sean Joseph Powell
Represented By: Peter Andrew Meyer
Represented By: Zane Christian Riester
Represented By: Douglas L. Prochnow
Represented By: Minji Kim
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: Matthew Singer
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Tarifa B Laddon
Represented By: Leila N Sahar
Represented By: Jori M. Loren
Represented By: Elisha C. Biel
Represented By: Catherine A Faught Pollard
Represented By: E. Pennock Gheen
Represented By: Steve Dashiak
Represented By: Ruben Ignacio Gonzalez
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: CHRISTOPHER C. TAINTOR
Represented By: MARK G. LAVOIE
Represented By: Edward P. Perdue
Represented By: John D. Winter
Represented By: Ryan C. Edwards
Represented By: Abigail M. Butler
Represented By: Andrea Pierson
Represented By: James A. Frederick
Represented By: Traci McKee
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Defendant: Zimmer Biomet US, Inc.
Represented By: Sean Joseph Powell
Represented By: Douglas L. Prochnow
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Leila N Sahar
Represented By: Jori M. Loren
Represented By: Elisha C. Biel
Represented By: Catherine A Faught Pollard
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: CHRISTOPHER C. TAINTOR
Represented By: MARK G. LAVOIE
Represented By: Edward P. Perdue
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Traci McKee
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Defendant: Zimmer Biomet Inc.
Represented By: Douglas L. Prochnow
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Tarifa B Laddon
Represented By: Leila N Sahar
Represented By: Jori M. Loren
Represented By: Elisha C. Biel
Represented By: Catherine A Faught Pollard
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: CHRISTOPHER C. TAINTOR
Represented By: MARK G. LAVOIE
Represented By: Edward P. Perdue
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Traci McKee
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Defendant: Zimmer Biomet Fegan, Inc.
Represented By: Tarifa B Laddon
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Andrea Pierson
Represented By: Sean Joseph Powell
Represented By: James A. Frederick
Represented By: Traci McKee
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Defendant: Zimmer Production Inc.
Represented By: Sean Joseph Powell
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Traci McKee
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Defendant: Select Orthopedics, Inc.
Represented By: Troy A. Bozarth
Represented By: Margaret L. Fowler
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Defendant: Zimmer Orthopaedic Surgical Products, Inc.
Represented By: Troy A. Bozarth
Represented By: Peter Andrew Meyer
Represented By: Abigail M. Butler
Represented By: Traci McKee
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Defendant: S.L. KLABUNDE CORPORATION
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Defendant: RAY HINCH
Represented By: Ryan C. Edwards
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Defendant: P.O. "John" Doe
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Defendant: Stephen Buehring
Represented By: Genevieve M. Zimmerman
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Defendant: Barbara Girtz
Represented By: Laura Pittner
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Defendant: Zimmer Holdings
Represented By: Sean Joseph Powell
Represented By: Peter Andrew Meyer
Represented By: Zane Christian Riester
Represented By: Douglas L. Prochnow
Represented By: Minji Kim
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: Matthew Singer
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Tarifa B Laddon
Represented By: Leila N Sahar
Represented By: Jori M. Loren
Represented By: Elisha C. Biel
Represented By: Catherine A Faught Pollard
Represented By: E. Pennock Gheen
Represented By: Steve Dashiak
Represented By: Ruben Ignacio Gonzalez
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: CHRISTOPHER C. TAINTOR
Represented By: MARK G. LAVOIE
Represented By: Edward P. Perdue
Represented By: John D. Winter
Represented By: Ryan C. Edwards
Represented By: Abigail M. Butler
Represented By: Andrea Pierson
Represented By: James A. Frederick
Represented By: Traci McKee
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Defendant: Zimmer Inc.
Represented By: Douglas L. Prochnow
Represented By: Peter Andrew Meyer
Represented By: Michael John Kanute
Represented By: Lee P. Teichner
Represented By: James Stephen Bennett
Represented By: Patrick H Reilly
Represented By: Tarifa B Laddon
Represented By: Leila N Sahar
Represented By: Jori M. Loren
Represented By: Elisha C. Biel
Represented By: Catherine A Faught Pollard
Represented By: Ll Rhyddid Watkins
Represented By: Anthony Finnell, Jr
Represented By: CHRISTOPHER C. TAINTOR
Represented By: MARK G. LAVOIE
Represented By: Edward P. Perdue
Represented By: John D. Winter
Represented By: Abigail M. Butler
Represented By: Traci McKee
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Defendant: S.L. KLABUNDE CORPORATION originally named as and named as separate entities doing business as ZIMMER OHIO
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Defendant: Serenah Michelsen
Represented By: Ashleigh Raso
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Defendant: Synvasive Technology
Represented By: Theodore E O'Reilly
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Margaret Courtney Christopher
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Defendant: Biomet Inc.
Represented By: Theodore E O'Reilly
Represented By: LeAnn Sanders
Represented By: Margaret Courtney Christopher
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Defendant: Gary W Varney
Represented By: Susan A Faunce
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Defendant: Biomet Orthopedics, L.L.C.
Represented By: Theodore E O'Reilly
Represented By: LeAnn Sanders
Represented By: Tarifa Belle Laddon
Represented By: Margaret Courtney Christopher
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Plaintiff: Joseph Shaw
Represented By: Andrew Norden
Represented By: Joseph A. Osborne
Represented By: Gerald Thomas McCarthy, Sr
Represented By: Laura L Pittner
Represented By: Stuart L Goldenberg
Represented By: Kelly K. McNabb
Represented By: Laura Pittner
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Plaintiff: Janice Luckasavage
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Patrick Andrews
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Plaintiff: Robert Luckasavage
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Patrick Andrews
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Plaintiff: Zimmer US, Inc.
Represented By: Sean Joseph Powell
Represented By: Peter Andrew Meyer
Represented By: Zane Christian Riester
Represented By: Douglas L. Prochnow
Represented By: Minji Kim
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Plaintiff: Michael Derifield
Represented By: Peter A. Sandberg
Represented By: Kelly K. McNabb
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Plaintiff: Darcy Davis
Represented By: Stuart C. Talley
Represented By: Kelly K. McNabb
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Plaintiff: Donald Laukka
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Wendy Gabler
Represented By: Laura L Pittner
Represented By: Kelly K. McNabb
Represented By: Laura Pittner
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Plaintiff: Daryl Smith
Represented By: Steve Dashiak
Represented By: Kelly K. McNabb
Represented By: Alex C. Davis
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Plaintiff: Laura Jo Herman
Represented By: William H. Ingaldson
Represented By: Kelly K. McNabb
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Plaintiff: David Ness
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Jennifer Roberts
Represented By: Stuart C. Talley
Represented By: Kelly K. McNabb
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Plaintiff: James Strode
Represented By: Jeffrey L. Haberman
Represented By: Kelly K. McNabb
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Plaintiff: William Hollenkamp
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
Represented By: Ellen Relkin
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Plaintiff: David Pastor
Represented By: Carla D. Aikens
Represented By: Ashleigh Raso
Represented By: Kelly K. McNabb
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Plaintiff: Samuel Harms
Represented By: Laura L Pittner
Represented By: Stuart L Goldenberg
Represented By: Kelly K. McNabb
Represented By: Laura Pittner
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Plaintiff: Daniel Brosnan
Represented By: Fabrice Nijhof Vincent
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Carole Derifield
Represented By: Peter A. Sandberg
Represented By: Kelly K. McNabb
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Plaintiff: William Nattier
Represented By: Joseph A. Osborne
Represented By: Andrew A. Norden
Represented By: Michael E. Gallant
Represented By: Ami R. Romanelli
Represented By: D. Todd Mathews
Represented By: Kelly K. McNabb
Represented By: Andrew Norden
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Plaintiff: Mary Jo Liesch
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Jerome A Hierseman
Represented By: Patrick Andrews
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Plaintiff: Jean Nattier
Represented By: Joseph A. Osborne
Represented By: Andrew A. Norden
Represented By: Michael E. Gallant
Represented By: Ami R. Romanelli
Represented By: D. Todd Mathews
Represented By: Kelly K. McNabb
Represented By: Andrew Norden
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Plaintiff: David C Gabler
Represented By: Laura L Pittner
Represented By: Kelly K. McNabb
Represented By: Laura Pittner
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Plaintiff: James Viania
Represented By: Andrew Norden
Represented By: Joseph A. Osborne
Represented By: James R. Bell
Represented By: Gerald T. McCarthy
Represented By: Kelly K. McNabb
Represented By: Gerald Thomas McCarthy, Sr
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Plaintiff: Judith Harms
Represented By: Laura L Pittner
Represented By: Stuart L Goldenberg
Represented By: Kelly K. McNabb
Represented By: Laura Pittner
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Plaintiff: Suzanne Laukka
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Zimmer Surgical, Inc.
Represented By: E. Pennock Gheen
Represented By: Evelyn E Winters
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Plaintiff: Glen Davis
Represented By: Stuart C. Talley
Represented By: Kelly K. McNabb
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Plaintiff: Roberta Brosnan
Represented By: Fabrice Nijhof Vincent
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: James Florida
Represented By: Joshua B. Farr
Represented By: Alex C. Davis
Represented By: Kelly K. McNabb
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Plaintiff: Jill Metzger
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Amanda Rae Heineman
Represented By: Monica C. Vaughan
Represented By: Tom Pennekamp, Jr.
Represented By: Kelly K. McNabb
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Plaintiff: Donald W Liesch
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Jerome A Hierseman
Represented By: Patrick Andrews
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Plaintiff: Kathy Ness
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Sandra Hollenkamp
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
Represented By: Ellen Relkin
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Plaintiff: Sheryl Strode
Represented By: Jeffrey L. Haberman
Represented By: Kelly K. McNabb
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Plaintiff: John Metzger
Represented By: Ashleigh Raso
Represented By: Joseph A Osborne, Jr
Represented By: Anthony J Nemo, Sr
Represented By: Kelly K. McNabb
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Plaintiff: Daniel W. Hickey
Represented By: William H. Ingaldson
Represented By: Kelly K. McNabb
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Plaintiff: Nancy J Little
Represented By: Robert Keith Jenner
Represented By: Clell Calvin Warriner, III
Represented By: Brenda S. Fulmer
Represented By: Kelly K. McNabb
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Plaintiff: Carol Waldeier
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Robert Lloyd
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Mary Graham-Fortin
Represented By: Joseph A. Osborne
Represented By: Ami Romanelli
Represented By: Kevin M. Fitzgerald
Represented By: J. Robert Bell, III
Represented By: Kelly K. McNabb
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Plaintiff: Judith P Pride
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Mark V. Franco
Represented By: Patrick Andrews
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Plaintiff: Diana Lloyd
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Donald Miller
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: ANTHONY K. FERGUSON
Represented By: Patrick Andrews
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Plaintiff: Rita B Myrick
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: ANTHONY K. FERGUSON
Represented By: Patrick Andrews
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Plaintiff: Joseph F Little
Represented By: Robert Keith Jenner
Represented By: Clell Calvin Warriner, III
Represented By: Brenda S. Fulmer
Represented By: Kelly K. McNabb
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Plaintiff: Earle B Pride
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Mark V. Franco
Represented By: Patrick Andrews
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Plaintiff: Janice E Miller
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: ANTHONY K. FERGUSON
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Plaintiff: Timothy G Scott
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Carolyn Plante
Represented By: David J. Szerlag
Represented By: Kelly K. McNabb
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Plaintiff: Robert Fick
Represented By: Whitney J. Butcher
Represented By: Kelly K. McNabb
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Plaintiff: Richard P. Torres
Represented By: John A. Zick
Represented By: Kelly K. McNabb
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Plaintiff: Pollyanna Torres
Represented By: John A. Zick
Represented By: Kelly K. McNabb
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Plaintiff: Julie Thurston
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Debora Gellatly
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Susan Proetti
Represented By: James E. Cecchi
Represented By: Katherine Van Dyck
Represented By: Kelly K. McNabb
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Plaintiff: Rian E. Rich
Represented By: Tobias l Millrood
Represented By: Tobias Millrood
Represented By: Kelly K. McNabb
Represented By: Alex C. Davis
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Plaintiff: Sheila Plourde
Represented By: Kevin M. Fitzgerald
Represented By: Kelly K. McNabb
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Plaintiff: Terry Steen
Represented By: Genevieve M Zimmerman
Represented By: Genevieve M. Zimmerman
Represented By: Kelly K. McNabb
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Plaintiff: Jackie Powell
Represented By: Brett A. Emison
Represented By: Kelly K. McNabb
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Plaintiff: SCOTT KLABUNDE
Represented By: Ryan C. Edwards
Represented By: Kelly K. McNabb
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Plaintiff: Dianna Harris
Represented By: Joseph A. Osborne
Represented By: Andrew A. Norden
Represented By: Ami Romanelli
Represented By: Mark M. Abramowitz
Represented By: Mark A DiCello
Represented By: Kelly K. McNabb
Represented By: Andrew Norden
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Plaintiff: Robert Harris
Represented By: Joseph A. Osborne
Represented By: Andrew A. Norden
Represented By: Ami Romanelli
Represented By: Mark M. Abramowitz
Represented By: Mark A DiCello
Represented By: Kelly K. McNabb
Represented By: Andrew Norden
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Plaintiff: Wanda Moon
Represented By: Brian B Winegar
Represented By: Kelly K. McNabb
Represented By: Rachal G. Rojas
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Plaintiff: James F. Thompson
Represented By: David Paul Matthews
Represented By: Kelly K. McNabb
Represented By: Rachal G. Rojas
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Plaintiff: Robert Wuornos
Represented By: Genevieve M Zimmerman
Represented By: Kelly K. McNabb
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Plaintiff: Jeanne Wuornos
Represented By: Genevieve M Zimmerman
Represented By: Kelly K. McNabb
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Plaintiff: Tamma Nutting
Represented By: Michael Finton Lutz
Represented By: Kelly K. McNabb
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Plaintiff: Gary P. Durst
Represented By: Thomas R. Anapol
Represented By: Kelly K. McNabb
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Plaintiff: Louis Haddad, Jr.
Represented By: Brittany Sarah Cates
Represented By: Joel Thomas Faxon
Represented By: Kelly K. McNabb
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Plaintiff: Debra Haddad
Represented By: Brittany Sarah Cates
Represented By: Joel Thomas Faxon
Represented By: Kelly K. McNabb
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Plaintiff: Ashleigh Raso
Represented By: Ashleigh Raso
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Plaintiff: Robalee Bruesewitz
Represented By: Robert A. Bracken
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Plaintiff: Russell Bruesewitz
Represented By: Robert A. Bracken
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Plaintiff: Ilene Knight
Represented By: Kevin M. Fitzgerald
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Plaintiff: Patricia League
Represented By: Kevin M. Fitzgerald
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Plaintiff: Paulette Hartley
Represented By: Curtis Brooks Cutter
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Plaintiff: Robert B Fick
Represented By: Alex C. Davis
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Plaintiff: Bruce E Barr
Represented By: Alex C. Davis
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Plaintiff: Ronald Mertz
Represented By: Rachal G. Rojas
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Plaintiff: Marijo Chilli Green
Represented By: Rachal G. Rojas
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Plaintiff: Jerod M. Field
Represented By: Brenda S. Fulmer
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Plaintiff: Willi T. Field
Represented By: Brenda S. Fulmer
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Plaintiff: Gary Quattlebaum
Represented By: Brenda S. Fulmer
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Plaintiff: Irene Quattlebaum
Represented By: Brenda S. Fulmer
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Plaintiff: Jeremiah T O'Shea
Represented By: George E. McLaughlin
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Plaintiff: John Hawkins
Represented By: Peter J. Flowers
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Plaintiff: Ellen DeCotiis
Represented By: Kevin M. Fitzgerald
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Plaintiff: Todd C. Goode
Represented By: Kevin M. Fitzgerald
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Plaintiff: Odette Marquis
Represented By: Kevin M. Fitzgerald
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Plaintiff: Kyle Johnson
Represented By: Brenda S. Fulmer
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Plaintiff: Pamela Dempsey
Represented By: Kevin M. Fitzgerald
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Plaintiff: Stacey Swim
Represented By: Kevin M. Fitzgerald
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Plaintiff: Kathleen Gotham
Represented By: Alex C. Davis
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Plaintiff: Robert Marquis
Represented By: Kevin M. Fitzgerald
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Plaintiff: Ellen Johnson
Represented By: Brenda S. Fulmer
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Plaintiff: Henry Kennedy
Represented By: Kevin M. Fitzgerald
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Plaintiff: Alan Koraltan
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Betty Kennedy
Represented By: Kevin M. Fitzgerald
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Plaintiff: David Swim
Represented By: Kevin M. Fitzgerald
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Plaintiff: Diane Chase
Represented By: Kevin M. Fitzgerald
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Plaintiff: Joy Stroehmann
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Lynda Koraltan
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Alfred Gosselin
Represented By: Kevin M. Fitzgerald
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Plaintiff: John Myers
Represented By: Laura Herron Weber
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Plaintiff: Sandra Libby
Represented By: Kevin M. Fitzgerald
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Plaintiff: Jeffery P. Stevens
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Jan Bauman
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Susan Moore
Represented By: Kevin M. Fitzgerald
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Plaintiff: Stephen Perkins
Represented By: Kevin M. Fitzgerald
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Plaintiff: Terri Archibald
Represented By: Peter A. Sandberg
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Plaintiff: Judith Blackwell Smith
Represented By: Kevin M. Fitzgerald
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Plaintiff: Nanci Ames Curtis
Represented By: Kevin M. Fitzgerald
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Plaintiff: Gregory K. Archibald
Represented By: Peter A. Sandberg
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Plaintiff: Meredith Perkins
Represented By: Kevin M. Fitzgerald
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Plaintiff: Stephen Grannell
Represented By: Kevin M. Fitzgerald
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Plaintiff: Joan Toth
Represented By: Laura Herron Weber
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Plaintiff: Deborah Huntoon Reeder
Represented By: Kevin M. Fitzgerald
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Plaintiff: Catherine Grannell
Represented By: Kevin M. Fitzgerald
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Plaintiff: Jane Libby
Represented By: Kevin M. Fitzgerald
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Plaintiff: Bonnie Sullens
Represented By: Elizabeth C. Savage
Represented By: Ivan M. Karmel
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Plaintiff: Wanetta Witham
Represented By: Kevin M. Fitzgerald
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Plaintiff: Joseph Donohue
Represented By: Kevin M. Fitzgerald
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Plaintiff: Norman Moore
Represented By: Kevin M. Fitzgerald
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Plaintiff: Judith M. Stevens
Represented By: Kelly K. McNabb
Represented By: Patrick Andrews
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Plaintiff: Wayne Witham
Represented By: Kevin M. Fitzgerald
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Plaintiff: Suzanne Jack
Represented By: C Lincoln Combs
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Plaintiff: Patricia Beaudoin
Represented By: Kevin M. Fitzgerald
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Plaintiff: Robert Smith
Represented By: Kevin M. Fitzgerald
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Plaintiff: Brooke Adams
Represented By: Kevin M. Fitzgerald
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