McMillian v. Zimmer US, Inc. et. al.
| Dennis McMillian |
| Zimmer Inc., Zimmer Holdings Inc., Zimmer US Inc. and Zimmer Orthopaedic Surgical Products, Inc. |
| 1:2020cv02358 |
| March 17, 2020 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(Moya, Goretti) |
| Filing 52 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/7/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (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 11/9/2021. Redacted Transcript Deadline set for 11/19/2021. Release of Transcript Restriction set for 1/17/2022.Filed In Associated Cases: 1:18-md-02859-PAC et al..(Moya, Goretti) |
| Filing 51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/14/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 50 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/14/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rose Prater, (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 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
Filing 49
ORDER NO. 62: Zimmer asks the Court to limit Plaintiff Nutting's affirmative deposition designations to 15 hours' worth of testimony, arguing that Plaintiffs current designations (which Zimmer estimates at 50 hours' worth) are over broad in light of the Court's order that each side will have five trial days (approximately 25-30 hours) for direct and cross examination. Defs.' Mot. Limit Pl.'s Dep. Designations 1 & n.1, 2, ECF No. 439.1 Plaintiff responds that these designations are all necessary, and that Zimmer's motion is premature-Plaintiff argues that the Court should not limit her designations until after the parties have winnowed them down through the objection and counter-designation process. Pl.'s Resp. to Defs.' Mot. Limit Pl.'s Dep. Designations 1-3, ECF No. 446. The Court will not limit the parties' designations at this time, but the parties are reminded that each side will have only five days in which to present its respective case-in-chief, and the Court will enforce those time limits. See In re Gen. Motors LLC Ignition Switch Litig., Nos. 14-MD-2543, 14-MC-2543, 2016 WL 4493863, at *1 (S.D.N.Y. Aug. 24, 2016). Accordingly, Zimmer's motion is denied. (As further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Crotty on 7/8/2021) Filed In Associated Cases: 1:18-md-02859-PAC et al. (va) Modified on 10/4/2021 (dgo).
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| Filing 48 TRANSCRIPT of Proceedings re: conference held on 5/13/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (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 6/25/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 9/2/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (25 in 1:20-cv-01167-PAC, 21 in 1:20-cv-02986-PAC, 29 in 1:19-cv-09112-PAC, 59 in 1:19-cv-00141-PAC, 359 in 1:18-md-02859-PAC, 25 in 1:20-cv-01162-PAC, 29 in 1:19-cv-06695-PAC, 56 in 1:19-cv-00310-PAC, 27 in 1:19-cv-08110-PAC, 30 in 1:19-cv-08360-PAC, 30 in 1:19-cv-08356-PAC, 38 in 1:19-cv-02486-PAC, 39 in 1:19-cv-02646-PAC, 25 in 1:20-cv-00921-PAC, 29 in 1:19-cv-08766-PAC, 29 in 1:19-cv-06692-PAC, 31 in 1:19-cv-04651-PAC) MOTION for Basil E. Adham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24459104. 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 et al.(wb) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/31/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 46 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/31/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Andrew Walker, (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 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 44 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/1/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rebecca Forman, (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 3/3/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/11/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/15/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/15/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 40 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 38 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly) |
| Filing 37 MDL CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 2:18-cv-05722. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-md-02859-PAC. (sjo) |
| Case Designated ECF. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) |
| Filing 36 CERTIFIED JPMDL Conditional Transfer Order (CTO-20), Pursuant to Rule 7. 1 of the Rules of Procedure of the United States Judicial Panel on MultidistrictLitigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of New York for the reasons stated in the order of October 3, 2018, and, with the consent of that court, assigned to the Honorable Paul A. Crotty. (Lee, Tiffeny) [Transferred from New York Eastern on 3/17/2020.] |
| Case transferred to District of Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 35 JPMDL Conditional Transfer Order CTO-20 - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Southern District of New York for the reasons stated in the order of October 3, 2018, and, with the consent of that court, assigned to the Honorable Paul A. Crotty. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of New York. (Marziliano, August) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting in substantial part, on consent #34 Motion to Stay. The Court's order of February 13, 2020 is stayed for 30 days, pending the transfer of the case to the MDL in the S.D.N.Y. Ordered by Magistrate Judge Roanne L. Mann on 3/4/2020. (LK) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 34 First MOTION to Stay Order dated February 13, 2020 by Dennis McMillian. (Tangredi, Peter) [Transferred from New York Eastern on 3/17/2020.] |
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ELECTRONIC ORDER re #33 : Unless and until the case is transferred, or the parties seek to obtain an order staying this Court's February 13th order, the schedule set by this Court remains in place. Ordered by Magistrate Judge Roanne L. Mann on 3/2/2020. (Vallens, Adrian) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 33 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann: Telephonic Motion Hearing held on 2/13/2020. The Court hears argument on the parties' submissions regarding plaintiff's failure to respond to defendants' discovery demands and to serve timely and proper expert disclosures. For the reasons set forth on the record and in the attached Minute Entry (see attached Minute Entry), pursuant to Rule 37(b)(2)(C), plaintiff's counsel is directed to pay the reasonable attorney's fees caused by plaintiff's counsel's failure to obey the Court's scheduling order of September 3, 2019. The discovery scheduled is extended as follows: plaintiff shall respond to all outstanding discovery demands (including interrogatories, requests for production, such as HIPAA authorizations) which must be served by February 18, 2020. Plaintiff's expert disclosures must be served by March 3, 2020; defendants' are due by April 6, 2020; expert depositions shall be completed by May 8, 2020. Fact discovery shall be completed by April 30, 2020. Requests for a pre-motion conference are due by May 20, 2020. The February 14th deadline for filing a post-mediation status report is extended to April 14, 2020. No further extensions will be granted. Plaintiff is warned that any further discovery violations may result in preclusion and even dismissal of his claims. (Vallens, Adrian) Modified bolding on 2/13/2020 (LK). [Transferred from New York Eastern on 3/17/2020.] |
| Filing 31 MOTION for pre motion conference re #24 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting #31 Motion for Pre Motion Conference. This Court will conduct a telephonic hearing, initiated by defense counsel, to address defendant's motion to strike plaintiff's expert disclosures as untimely. The hearing will be held on February 13, 2020, at 10:30 a.m. Ordered by Magistrate Judge Roanne L. Mann on 2/11/2020. (LK) [Transferred from New York Eastern on 3/17/2020.]
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ORDER Parties should not routinely docket discovery materials into the court file. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2020. (LK) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 30 RESPONSE to Discovery Request by Dennis McMillian. (Tangredi, Peter) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 29 NOTICE of Appearance by Joshua T. Busch on behalf of Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (notification declined or already on case) (Busch, Joshua) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 28 NOTICE of Change of Firm Name and E-Mail Contact Once the filing has been made, you must login to www.pacer.gov and update your account. (Frederick, James) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 27 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12324077. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit of Joshua T. Busch, #2 Certificate of Good Standing-Indiana, #3 Certificate of Good Standing-Illinois) (Busch, Joshua) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting #27 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 1/31/2020. (LK) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 26 Letter dated 1.28.2020 in further response by Dennis McMillian (Tangredi, Peter) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 25 Letter in Response to Deft Letter date 1.16.2020 by Dennis McMillian (Tangredi, Peter) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 24 Letter by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| NOTICE: On January 16, 2020, defendants submitted a letter requesting a pre-motion conference regarding an anticipated motion for summary judgment #24 . Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendants' letter, on or before January 28, 2020. (Pehrsson, Emily) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 23 APPLICATION #22 for Refund of Fees Paid Electronically Ordered by Clerk of Court on 11/1/2019. (Marziliano, August) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 22 MOTION for Refund of Fees Paid Electronically by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Frederick, James) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 21 NOTICE of Appearance by James A. Frederick on behalf of Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc. (notification declined or already on case) (Frederick, James) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 10/2/2019. (Kelson, Lise) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 20 MOTION to Appear Pro Hac Vice - James A. Frederick Filing fee $ 150, receipt number ANYEDC-11901390. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit in Support of Motion for Leave to Appear Pro Hac Vice - James A. Frederick) (Frederick, James) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 19 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11876212. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Exhibit A - Affidavit of Admittee James Albert Frederick in Support of Motion for Leave to Appear Pro Hac Vice) (Frederick, James) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER #19 Motion for Leave to Appear Pro Hac Vice. Application is denied without prejudice, as the certificate of good standing is stale. See Local Civ. R. 1.3(c). Ordered by Chief Magistrate Judge Roanne L. Mann on 9/24/2019. (Kelson, Lise) [Transferred from New York Eastern on 3/17/2020.]
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ORDER granting #18 Motion for Extension of Time to Complete Discovery. The Court grants the parties' request for a three-month extension of the existing scheduling order. The parties are directed to file a post-mediation joint status report by February 14, 2020. Ordered by Chief Magistrate Judge Roanne L. Mann on 9/3/2019. (Kelson, Lise) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 18 MOTION for Extension of Time to Complete Discovery Letter Correspondence by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Chief Magistrate Judge Roanne L. Mann on 6/27/2019. (Kelson, Lise) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 17 MOTION to Appear Pro Hac Vice for Anthony W. Finnell Filing fee $ 150, receipt number ANYEDC-11612426. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit with Certificates of Good Standing) (Finnell, Anthony) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 16 Joint MOTION for More Definite Statement / For Leave to Participate in Private Mediation by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Watkins, Llonyddwch) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER #16 Motion for More Definite Statement. The Court grants the parties' request (which should have been addressed to this magistrate judge) for leave to participate in private mediation in late December 2019 or early January 2020. The parties are directed to file a joint status report by January 10, 2020. If the case is not settling, requests for a premotion conference are due by January 17, 2020. The deadlines set in the March 25th scheduling order otherwise remain unchanged. Ordered by Chief Mag. Judge Roanne L. Mann on 3/29/2019. (Kelson, Lise) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 15 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMahon, Carol) [Transferred from New York Eastern on 3/17/2020.] |
| Case Reassigned to Judge Allyne R. Ross and Chief Mag. Judge Roanne L. Mann. Judge Joan M. Azrack, Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (McMahon, Carol) [Transferred from New York Eastern on 3/17/2020.] |
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SCHEDULING ORDER: The above case has been reassigned to the Brooklyn Courthouse and is now pending before Judge Ross and this Magistrate Judge. The Court modifies the discovery schedule as follows: Fact discovery must be completed by December 20, 2019. Plaintiff's expert disclosures must be served by October 1, 2019; defendants' are due by November 1, 2019. Expert depositions must be completed by December 20, 2019. Requests for a premotion conference before Judge Ross are due by January 3, 2020. The parties are directed to confer and, by March 29, 2019, to file a letter-motion (docketed into ECF as a motion event) requesting that this Court either refer the matter for court-annexed mediation or schedule a settlement conference before the Court; in either event, the parties must indicate approximately when they expect to be prepared to engage in meaningful settlement discussions. Ordered by Chief Mag. Judge Roanne L. Mann on 3/25/2019. (Cardenas, Alex) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 14 MOTION for Refund of Fees Paid Electronically by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Watkins, Llonyddwch) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 13 NOTICE of Appearance by Llonyddwch R. Watkins on behalf of All Defendants (notification declined or already on case) (Watkins, Llonyddwch) [Transferred from New York Eastern on 3/17/2020.] |
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ORDER granting DE #12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/7/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 3/17/2020.]
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ORDER deferring ruling on DE #12 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motion for leave to appear pro hac vice filed by Attorney Watkins. Before the Court can rule on this motion, the Court requires that the original certificate(s) of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificate(s) to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificate(s), it will rule on counsel's motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/25/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number BNYEDC-11224215. by Zimmer Holdings, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Affidavit in Support of Ll. Rhyddid Watkins, #2 Exhibit Certificates of Good Standing) (Watkins, Llonyddwch) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 11 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR INITIAL CONFERENCE (Tel). Counsel For Plaintiff: Jay Margolis, present. Counsel For Defendant: Michael Shalhoub, Anthony Finnell, present. Initial Conference Hearing held on 2/7/2019 at 4:30 PM. The discovery schedule is approved. Discovery disputes are respectfully referred to Magistrate Judge Tomlinson. (Ortiz, Grisel) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 10 REPORT of Rule 26(f) Planning Meeting (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 9 Corporate Disclosure Statement by Zimmer Holdings, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 8 Corporate Disclosure Statement by Zimmer Orthopaedic Surgical Products, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 7 Corporate Disclosure Statement by Zimmer, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 6 Corporate Disclosure Statement by Zimmer US, Inc. (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
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SCHEDULING ORDER: A telephone Initial Conference is scheduled for 2/7/2019 at 5:00 PM. Counsel for the plaintiff shall initiate the call and contact Chambers at 631-712-5600 when all parties are on the line. Ordered by Judge Joan M. Azrack on 1/28/2019. (Posillico, Lauren) [Transferred from New York Eastern on 3/17/2020.]
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| Filing 5 NOTICE of Appearance by Michael D. Shalhoub on behalf of All Defendants (aty to be noticed) (Shalhoub, Michael) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Flanagan, Doreen) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) [Transferred from New York Eastern on 3/17/2020.] |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Flanagan, Doreen) [Transferred from New York Eastern on 3/17/2020.] |
| Filing 2 ANSWER to Complaint by Zimmer Holdings, Inc., Zimmer, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc.. (Freedenberg, John) Modified on 10/16/2018 (Flanagan, Doreen). [Transferred from New York Eastern on 3/17/2020.] |
| Filing 1 NOTICE OF REMOVAL by Zimmer Holdings, Inc., Zimmer, Inc., Zimmer Orthopaedic Surgical Products, Inc., Zimmer US, Inc. from Supreme Court of the State of New York, County of Queens, Case Number 710472/2018. Was the Disclosure Statement on the Civil Cover Sheet completed - No. ( Filing fee $ 400 receipt number ANYEDC-10829017) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Freedenberg, John) Modified on 10/16/2018 (Flanagan, Doreen). [Transferred from New York Eastern on 3/17/2020.] |
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