Spiegal et al v. Zimmer Biomet Inc. et al
Plaintiff: Jason Spiegal and Cherie Spiegal
Defendant: Zimmer Biomet Inc., Zimmer Biomet Holdings, Inc., Zimmer, Inc. and Zimmer US, Inc.
Case Number: 1:2019cv06567
Filed: July 15, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Crotty
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 pl
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2019 Filing 14 AMENDED COMPLAINT amending #13 Amended Complaint, against Zimmer Biomet Holdings, Inc., Zimmer, Inc., Zimmer US, Inc. with JURY DEMAND.Document filed by Jason Spiegal, Cherie Spiegal. Related document: #13 Amended Complaint,.(Talley, Stuart)
August 14, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stuart C. Talley to RE-FILE re: Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Zimmer, Inc., Zimmer US, Inc., and Zimmer Biomet Holdings, Inc.; the All Defendant radio button was selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
August 13, 2019 Filing 13 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #12 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by Jason Spiegal, Cherie Spiegal. Related document: #12 Amended Complaint,.(Talley, Stuart) Modified on 8/14/2019 (jgo).
August 13, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stuart C. Talley to RE-FILE Document No. #12 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF case caption must list all of the parties and not include 'et al'; the PDF case caption must list the party role for the parties (i.e. Plaintiff against Defendant); the PDF must be titled to correspond with the event type being used. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
August 12, 2019 Filing 12 FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending #1 Complaint, against Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc. with JURY DEMAND.Document filed by Jason Spiegal, Cherie Spiegal. Related document: #1 Complaint,.(Talley, Stuart) Modified on 8/13/2019 (jgo).
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 11 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 Filing 10 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 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 18, 2019 Opinion or Order Filing 9 ORDER N0.26 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) Modified on 8/22/2019 (dgo).
July 15, 2019 Filing 8 MDL TRANSFERRED IN from the United States District Court - District of California Eastern; Case Number: 2:19-cv-00937. Original file certified copy of transfer order and docket entries received. (sjo)
July 15, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo)
July 15, 2019 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (sjo)
July 15, 2019 CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (sjo)
July 15, 2019 Case Designated ECF. (sjo)
July 15, 2019 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 15, 2019 CASE ACCEPTED AS RELATED. Create association to 1:18-md-02859-PAC. (sjo)
July 12, 2019 Filing 7 MDL ORDER. CASE TRANSFERRED to the Southern District of New York. ELECTRONIC TRANSFER SENT. CASE CLOSED. (Donati, J) [Transferred from California Eastern on 7/15/2019.]
July 8, 2019 Opinion or Order Filing 6 ORDER signed by District Judge Troy L. Nunley on 07/03/19 GRANTING #5 Joint Motion to Stay; the 07/05/19 Answer deadline is STRICKEN. Case stayed (Benson, A.) [Transferred from California Eastern on 7/15/2019.]
July 3, 2019 Filing 5 JOINT MOTION to STAY by Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(O'Reilly, Theodore) Modified on 7/8/2019 (Krueger, M). [Transferred from California Eastern on 7/15/2019.]
July 3, 2019 Filing 4 NOTICE of APPEARANCE by Theodore O'Reilly on behalf of Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc.. Attorney O'Reilly, Theodore added. (O'Reilly, Theodore) [Transferred from California Eastern on 7/15/2019.]
May 23, 2019 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Reader, L) [Transferred from California Eastern on 7/15/2019.]
May 23, 2019 Filing 2 SUMMONS ISSUED as to *Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc.* with answer to complaint due within *21* days. Attorney *Stuart C. Talley* *Kershaw Cook & Talley, PC* *401 Watt Avenue* *Sacramento, California 95864*. (Reader, L) [Transferred from California Eastern on 7/15/2019.]
May 23, 2019 Filing 1 COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer Biomet Inc. by Jason Spiegal, Cherie Spiegal. Attorney Talley, Stuart C. added. (Filing fee $ 400, receipt number 0972-8278921) (Attachments: #1 Civil Cover Sheet)(Talley, Stuart) [Transferred from California Eastern on 7/15/2019.]

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Plaintiff: Jason Spiegal
Represented By: Stuart C. Talley
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Plaintiff: Cherie Spiegal
Represented By: Stuart C. Talley
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Defendant: Zimmer Biomet Inc.
Represented By: Theodore O'Reilly
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Theodore O'Reilly
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Defendant: Zimmer, Inc.
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Defendant: Zimmer US, Inc.
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