Trujillo v. Zimmer US, Inc. et al
| Janene Trujillo |
| Biomet Inc., SYNVASIVE TECHNOLOGY, Biomet Orthopedics, L.L.C. and Zimmer US Inc. |
| 1:2020cv04237 |
| June 3, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Crotty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 pl |
| None |
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| Filing 36 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 35 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 34 MDL CASE TRANSFERRED IN from the United States District Court - District of Nevada; Case Number: 3:19-cv-00056. Original file certified copy of transfer order and docket entries received. (sjo) Modified on 6/4/2020 (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) |
| 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) |
| 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) |
| 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 33
CERTIFIED COPY OF MDL TRANSFER ORDER - MDL No. 2859 Document No. 171 : This action is transferred to the Southern District of New York, and, with the consent of that court, assigned to the Honorable Paul A. Crotty for inclusion in the coordinated or consolidated pretrial proceedings. Signed by Chief Judge Miranda M. Du on 6/2/2020. (Copies have been distributed pursuant to the NEF - DRM) [Transferred from Nevada on 6/3/2020.]
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| Filing 32 COPY of MDL TRANSFER ORDER (Receipt of Certified Copy Pending). MDL No. 2859 Document No. 21 : This action to be transferred to the Southern District of New York, and, with the consent of that court, assigned to the Honorable Paul A. Crotty for inclusion in the coordinated or consolidated pretrial proceedings. (DRM) [Transferred from Nevada on 6/3/2020.] |
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Filing 31
HEARING ORDER re: pldg. ( 152 in MDL No. 2859, 7 in NV/3:19-cv-00056) in the following opposition(s) of Plaintiff in Trujillo, NV 3:19-00056 - SECTION B (DESIGNATED FOR CONSIDERATION WITHOUT ORAL ARGUMENT)PANEL HEARING set for 5/28/2020 in Washington, DC.Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 4/24/2020.Associated Cases: MDL No. 2859, NV/3:19-cv-00056. (LW) [Transferred from Nevada on 6/3/2020.]
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Filing 30
ORDER granting ECF No. #29 Joint Motion to Stay Case. Signed by Chief Judge Miranda M. Du on 3/23/2020. (Copies have been distributed pursuant to the NEF - KR) [Transferred from Nevada on 6/3/2020.]
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| Filing 29 Joint MOTION to Stay Case by Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Attachments: #1 Declaration) (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
| Filing 28 NOTICE of Change of Firm Name and E-mail Contact Change by Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (O'Reilly, Theodore) [Transferred from Nevada on 6/3/2020.] |
| ***Notes: The U.S. Magistrate Judge on this case has changed her name to Judge Carla Baldwin effective immediately. (WJ) [Transferred from Nevada on 6/3/2020.] |
| Filing 27 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (LH) [Transferred from Nevada on 6/3/2020.] |
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Filing 26
SCHEDULING ORDER re ECF No. #19 Case Management Report. Discovery due by 9/30/2020. Motions due by 10/30/2020. Proposed Joint Pretrial Order due by 11/29/2020. Signed by Magistrate Judge Carla Baldwin Carry on 11/5/2019. (Copies have been distributed pursuant to the NEF - LH) [Transferred from Nevada on 6/3/2020.]
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| Filing 25 MINUTES OF PROCEEDINGS - Case Management Conference held on 11/5/2019 before Magistrate Judge Carla Baldwin Carry. Crtrm Administrator: LGM; Pla Counsel: Steven Bus; Def Counsel: Theodore O'Reilly, Tarifa Laddon, Courtney Christopher (All by telephone); Recording start and end times: 10:01:43 - 10:29:02; Courtroom: 1; The Court finds that it will approve the parties' proposed discovery plan and scheduling order as outlined in the joint case management report #19 and signs the order in open court. The Court directs counsel to meet and confer regarding a protocol for electronically stored information in this case. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) [Transferred from Nevada on 6/3/2020.] |
| Filing 24 NOTICE of Appearance by attorney Margaret Courtney Christopher on behalf of Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Christopher, Margaret) [Transferred from Nevada on 6/3/2020.] |
| Filing 23 MINUTES OF PROCEEDINGS - Telephonic Case Management Conference held on 11/1/2019 before Magistrate Judge Carla Baldwin Carry. Crtrm Administrator: LGM; Pla Counsel: Steven Bus; Def Counsel: Courtney Christopher; Recording start and end times: 10:02:55 - 10:10:49; Courtroom: 1; The Court finds that it will continue this case management conference to 11/5/2019 at 10:00 AM at which time Mr. O'Reilly's appearance is mandatory. Ms. Christopher shall file a formal notice of appearance prior to the upcoming continued case management conference. See the attached order for specifications. (Copies have been distributed pursuant to the NEF - LGM) [Transferred from Nevada on 6/3/2020.] |
| Filing 22 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Theodore E. O'Reilly is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the Court's website to complete the registration for CM/ECF. (no image attached) (LE) [Transferred from Nevada on 6/3/2020.] |
| Filing 21 Mail Returned as Undeliverable re ECF No. 20 Minute Order, addressed to Theodore O'Reilly. (LH) [Transferred from Nevada on 6/3/2020.] |
| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 10/16/2019. By Deputy Clerk: LGM. A case management conference is set for 11/1/2019 at 10:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. Out-of-state and out-of-town counsel shall be allowed to appear telephonically for this hearing and shall dial 877-336-1829 at least five (5) minutes prior to the hearing to be properly connected into the courtroom. The access code is 2809752 and the security code is 1956. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) [Transferred from Nevada on 6/3/2020.] |
| Filing 19 First CASE MANAGEMENT REPORT by Plaintiff Janene Trujillo (Bus, Steven) [Transferred from Nevada on 6/3/2020.] |
| Filing 18 CERTIFICATE of Interested Parties by Janene Trujillo. There are no known interested parties other than those participating in the case (Bus, Steven) [Transferred from Nevada on 6/3/2020.] |
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Filing 17
ORDER granting ECF No. #15 Verified Petition for Permission to Practice Pro Hac Vice by Theodore E. O'Reilly for all Defendants, and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 3/19/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - KR) [Transferred from Nevada on 6/3/2020.]
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Filing 16
ORDER granting ECF No. #14 Verified Petition for Permission to Practice Pro Hac Vice by Tarifa B. Laddon for all Defendants, and approving Designation of Local Counsel. Signed by Judge Miranda M. Du on 3/19/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - KR) [Transferred from Nevada on 6/3/2020.]
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| Filing 15 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theodore E. O'Reilly and DESIGNATION of Local Counsel LeAnn Sanders (Filing fee $ 250 receipt number 0978-5472579) by Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
| Filing 14 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Tarifa B. Laddon and DESIGNATION of Local Counsel LeAnn Sanders (Filing fee $ 250 receipt number 0978-5471119) by Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
| Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 3/18/2019. The Court finds that Defendant's responses (ECF Nos. #9 , #11 ) to the Court's order to show cause why this case should not be remanded (ECF No. #7 ) demonstrate that the requirements of diversity jurisdiction are satisfied. (Copies have been distributed pursuant to the NEF - RM) Modified on 3/18/2019 (PAV). [Transferred from Nevada on 6/3/2020.] |
| Filing 12 Joint STATUS REPORT by Plaintiff Janene Trujillo. (Bus, Steven) [Transferred from Nevada on 6/3/2020.] |
| Filing 11 RESPONSE to #7 Order to Show Cause by Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
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Filing 10
ORDER that Defendant may file a supplement to their response to the Show Cause Order by 2/27/2019. Defendants do not file a supplement, the Court will remand this case. Signed by Judge Miranda M. Du on 2/20/2019. (Copies have been distributed pursuant to the NEF - KW) [Transferred from Nevada on 6/3/2020.]
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| Filing 9 STATEMENT REGARDING REMOVAL by Defendants Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
| Filing 8 NOTICE by Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc. re #5 Minute Order Removal Case,. (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
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Filing 7
ORDER that Defendant must show cause in writing why this case should not be remanded for lack of subject matter jurisdiction. Show Cause Response due by 2/20/2019. Signed by Judge Miranda M. Du on 2/5/2019. (Copies have been distributed pursuant to the NEF - KW) [Transferred from Nevada on 6/3/2020.]
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Filing 6
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov Signed by Judge Miranda M. Du on 2/4/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) [Transferred from Nevada on 6/3/2020.]
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| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/4/2019. Statement regarding removed action is due by 2/19/2019. Joint Status Report regarding removed action is due by 3/6/2019. (Copies have been distributed pursuant to the NEF - KW) [Transferred from Nevada on 6/3/2020.] |
| Filing 4 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Theodore O'Reilly to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/18/2019. (no image attached) (WJ) [Transferred from Nevada on 6/3/2020.] |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Tarifa B. Laddon to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/18/2019. (no image attached) (WJ) [Transferred from Nevada on 6/3/2020.] |
| Filing 2 CERTIFICATE of Interested Parties by Biomet Orthopedics, LLC, Biomet, Inc., Synvasive Technology, Zimmer US, Inc.. There are no known interested parties other than those participating in the case (Sanders, LeAnn) [Transferred from Nevada on 6/3/2020.] |
| Filing 1 PETITION FOR REMOVAL from SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NV, Case Number CV18-02282, (Filing fee $ 400 receipt number 0978-5414687) by Biomet Orthopedics, LLC, SYNVASIVE TECHNOLOGY, Zimmer US, Inc., Biomet, Inc.. (Sanders, LeAnn) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 6/3/2020.] |
| Case randomly assigned to District Judge Miranda M. Du and Magistrate Judge Carla Baldwin Carry. (WJ) [Transferred from Nevada on 6/3/2020.] |
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