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 and Georgia B. Leeman
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 and P.O. "John" Doe
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 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
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
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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
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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
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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
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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
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Defendant: Zimmer Biomet Fegan, Inc.
Represented By: Tarifa B Laddon
Represented By: John D. Winter
Represented By: Peter Andrew Meyer
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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
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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
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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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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
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Plaintiff: Janice Luckasavage
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
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Plaintiff: Robert Luckasavage
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
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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
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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
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Plaintiff: Daniel Brosnan
Represented By: Fabrice Nijhof Vincent
Represented By: Kelly K. McNabb
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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
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Plaintiff: Mary Jo Liesch
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: Jerome A Hierseman
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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
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Plaintiff: David C Gabler
Represented By: Laura L Pittner
Represented By: Kelly K. McNabb
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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
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Plaintiff: Judith Harms
Represented By: Laura L Pittner
Represented By: Stuart L Goldenberg
Represented By: Kelly K. McNabb
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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
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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
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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
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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
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Plaintiff: Rita B Myrick
Represented By: Kelly K. McNabb
Represented By: Wendy R. Fleishman
Represented By: ANTHONY K. FERGUSON
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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
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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
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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
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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
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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
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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
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Plaintiff: Lynda Koraltan
Represented By: Kelly K. McNabb
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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
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Plaintiff: Jan Bauman
Represented By: Kelly K. McNabb
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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
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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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Plaintiff: Kristine Adams
Represented By: Kevin M. Fitzgerald
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Plaintiff: Marion Donohue
Represented By: Kevin M. Fitzgerald
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Plaintiff: Leonard Balewski
Represented By: Ellen Relkin
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Plaintiff: John Mccleery
Represented By: Kevin M. Fitzgerald
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Plaintiff: Janann Botzau
Represented By: Ashleigh Raso
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Plaintiff: Carole Dowling
Represented By: Genevieve M. Zimmerman
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Plaintiff: Carol L Balewski
Represented By: Ellen Relkin
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Plaintiff: Deborah Mccleery
Represented By: Kevin M. Fitzgerald
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Plaintiff: Robert Campbell
Represented By: Kevin M. Fitzgerald
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Plaintiff: Harold Dowling
Represented By: Genevieve M. Zimmerman
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Plaintiff: Pia van de Venne
Represented By: Ellen Relkin
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Plaintiff: Rosanne Mizzoni
Represented By: Kevin M. Fitzgerald
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Plaintiff: Thomas Botzau
Represented By: Ashleigh Raso
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Plaintiff: Donna Berry
Represented By: Joseph A. Osborne
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Plaintiff: Theo van de Venne
Represented By: Ellen Relkin
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Plaintiff: Thomas Kothman
Represented By: Joseph M. Barnes
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Plaintiff: Allin Harley
Represented By: Joseph A. Osborne
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Plaintiff: Sherry Jessee
Represented By: Joseph A. Osborne
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Plaintiff: Gladys Marasti
Represented By: Ilyas Sayeg
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Plaintiff: Shelly Klobnak
Represented By: Brenda S. Fulmer
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Plaintiff: Joseph Marasti
Represented By: Ilyas Sayeg
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Plaintiff: Keith Klobnak
Represented By: Brenda S. Fulmer
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Plaintiff: Carolyn Norton
Represented By: Joseph A. Osborne
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Plaintiff: Bruce W Wehling
Represented By: Jennifer A. Moore
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Plaintiff: Michael Cipro
Represented By: Ashleigh Raso
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Plaintiff: Janet Hone
Represented By: Alexander Dwyer
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Plaintiff: Jill Cobb
Represented By: Abby Jane Resnick-Parigian
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Plaintiff: Terrance F Lambert
Represented By: Ellen Relkin
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Plaintiff: Diana Cipro
Represented By: Ashleigh Raso
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Plaintiff: Peter T Gajeski
Represented By: Ellen Relkin
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Plaintiff: Susan M Wehling
Represented By: Jennifer A. Moore
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Plaintiff: Marjorie A Gajeski
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Plaintiff: Cherie Spiegal
Represented By: Stuart C. Talley
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Plaintiff: Jason Spiegal
Represented By: Stuart C. Talley
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Plaintiff: Sarah K. Gray
Represented By: Joseph A. Osborne
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Plaintiff: James Norris
Represented By: Brenda S. Fulmer
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Plaintiff: Felicia Ham
Represented By: Kevin M. Fitzgerald
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Plaintiff: Becky Ann White
Represented By: Peter A. Sandberg
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Plaintiff: Concetta Norris
Represented By: Brenda S. Fulmer
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Plaintiff: Michael James White
Represented By: Peter A. Sandberg
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Plaintiff: Anthony Mannochio
Represented By: Garrett J. Bradley
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Plaintiff: Gerald Lundholm
Represented By: Tobias Millrood
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Plaintiff: Sheryl Boyd
Represented By: Brenda S. Fulmer
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Plaintiff: Patricia Lundholm
Represented By: Tobias Millrood
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Plaintiff: Susan Mannochio
Represented By: Garrett J. Bradley
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Plaintiff: James Gayda
Represented By: Brenda S. Fulmer
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Plaintiff: Pamela L. Thetford
Represented By: Douglass A. Kreis
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Plaintiff: Steven Maines
Represented By: Stuart C. Talley
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Plaintiff: Sandy Barott
Represented By: Ilyas Sayeg
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Plaintiff: Mary Fiocchi
Represented By: Ilyas Sayeg
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Plaintiff: John Fiocchi
Represented By: Ilyas Sayeg
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Plaintiff: Kelli Maines
Represented By: Stuart C. Talley
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Plaintiff: Bruce Barott
Represented By: Ilyas Sayeg
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Plaintiff: Sharon Neeley
Represented By: Rachal G. Rojas
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Plaintiff: Susan D. Campeau
Represented By: John A. Zick
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Plaintiff: Donald Campeau
Represented By: John A. Zick
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Plaintiff: Leon Neeley
Represented By: Rachal G. Rojas
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Plaintiff: James Knapton
Represented By: Rachal G. Rojas
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Plaintiff: Donald A Shumaker
Represented By: Susan A Faunce
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Plaintiff: Ronald Woods
Represented By: Rachal G. Rojas
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Plaintiff: Yvonne Woods
Represented By: Rachal G. Rojas
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Plaintiff: Georgia B. Leeman
Represented By: Susan A Faunce
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Alternative dispute resolution (adr) provider: Temporary Lead Counsel
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Alternative dispute resolution (adr) provider: Plaintiffs' Executive Committee
Represented By: Kelly K. McNabb
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