Sharkey et al v. Zimmer USA, Inc. et al
| Mr. Peter F. Sharkey, Mr. Charles Leinberry, Jr., Peter F. Sharkey and Charles Leinberry, Jr. |
| Zimmer USA, Inc. d/b/a Zimmer Biomet doing business as d/b/a Zimmer Biomet, Zimmer Knee Creations, Inc. and Zimmer USA, Inc. doing business as Zimmer Biomet |
| 1:2020cv08258 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
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Filing 23
LETTER MOTION for Leave to File Motion to Dismiss Amended Complaint addressed to Judge John P. Cronan from Troy S. Brown dated December 1, 2020. Document filed by Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Brown, Troy)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time. Defendants' request is GRANTED. Defendants shall respond to the Amended Complaint by December 7, 2020. SO ORDERED. (Signed by Judge John P. Cronan on 11/17/20) (yv)
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Filing 21
LETTER MOTION for Extension of Time to Respond to Amended Complaint addressed to Judge John P. Cronan from Troy S. Brown dated November 17, 2020. Document filed by Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Brown, Troy)
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Set/Reset Deadlines: Zimmer Knee Creations, Inc. answer due 12/7/2020; Zimmer USA, Inc. answer due 12/7/2020. (yv)
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Filing 20
FIRST AMENDED COMPLAINT amending #1 Complaint, against Zimmer Knee Creations, Inc., Zimmer USA, Inc. with JURY DEMAND.Document filed by Peter F. Sharkey, Charles Leinberry, Jr.. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Miller, Melanie)
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Filing 19
ORDER: denying #13 Letter Motion for Leave to File Document. On October 27, 2020, Defendants filed a letter motion requesting a pre-motion conference (Dkt. 13). On October 30, 2020, Plaintiffs filed a response letter, stating that they intend to file an Amended Complaint by November 13, 2020, "which should obviate the issues raised by opposing counsel." (Dkt. 18). Given Plaintiffs' intent to file an Amended Complaint to address the issues raised by Defendants, the Court hereby DENIES Defendants letter motion. If after the filing of an Amended Complaint, Defendants still wish to request a pre-motion conference pursuant to the Court's Individual Rules and Practices in Civil Cases, they may file another letter motion at that time. In the event Plaintiffs do not amend their Complaint by November 13, 2020, the Court will issue a briefing schedule for Defendants' motion to dismiss without a pre-motion conference. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 13. SO ORDERED. (Signed by Judge John P. Cronan on 11/02/2020) (ama)
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Set/Reset Deadlines: Amended Pleadings due by 11/13/2020. (ama)
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Filing 18
RESPONSE re: #13 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge John P. Cronan from Troy S. Brown dated October 27, 2020. Letter in Response to DE #13, and Plaintiffs intention to file an Amended Complaint on or before 11-13-2020. Document filed by Charles Leinberry, Jr., Peter F. Sharkey..(Miller, Melanie)
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Filing 17
ORDER granting #15 Motion for Camille M. Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 16
ORDER granting #14 Motion for Melanie A. Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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Filing 15
MOTION for Camille M. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22346955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Leinberry, Jr., Peter F. Sharkey. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order).(Ferrari, Lisa)
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Filing 14
MOTION for Melanie A. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22346525. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Leinberry, Jr., Peter F. Sharkey. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order).(Ferrari, Lisa)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Camille M. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22346955. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Melanie A. Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22346525. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 13
LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge John P. Cronan from Troy S. Brown dated October 27, 2020. Document filed by Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Brown, Troy)
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on December 21, 2020, at 4:00 p.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261, and as further set forth in this Order. So ordered. (Initial Conference set for 12/21/2020 at 04:00 PM before Judge John P. Cronan). (Signed by Judge John P. Cronan on 10/20/2020) (rjm)
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Filing 11
ORDER granting #8 Letter Motion for Extension of Time. Defendants' request is GRANTED. Defendants' deadline to answer, move, or otherwise respond to the Complaint is November 13, 2020. SO ORDERED. (Signed by Judge John P. Cronan on 10/16/2020) (kv)
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Set/Reset Deadlines: Zimmer Knee Creations, Inc. answer due 11/13/2020; Zimmer USA, Inc. answer due 11/13/2020. (kv)
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Filing 10
NOTICE OF APPEARANCE by Matthew Cooper on behalf of Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Cooper, Matthew)
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Filing 9
NOTICE OF APPEARANCE by Michael James Ableson on behalf of Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Ableson, Michael)
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Filing 8
LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge John P. Cronan from Troy S. Brown dated October 12, 2020. Document filed by Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Brown, Troy)
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Filing 7
NOTICE OF APPEARANCE by Troy S. Brown on behalf of Zimmer Knee Creations, Inc., Zimmer USA, Inc...(Brown, Troy)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Zimmer USA, Inc...(jgo)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Zimmer Knee Creations, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lisa Ann Ferrari. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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Magistrate Judge Robert W. Lehrburger 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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John Peter Cronan. 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..(jgo)
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Case Designated ECF. (jgo)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer Knee Creations, Inc., re: #1 Complaint,. Document filed by Charles Leinberry, Jr., Peter F. Sharkey..(Ferrari, Lisa)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer USA, Inc. d/b/a Zimmer Biomet, re: #1 Complaint,. Document filed by Charles Leinberry, Jr., Peter F. Sharkey..(Ferrari, Lisa)
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Filing 2
CIVIL COVER SHEET filed..(Ferrari, Lisa)
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Filing 1
COMPLAINT against Zimmer Knee Creations, Inc., Zimmer USA, Inc. d/b/a Zimmer Biomet. (Filing Fee $ 400.00, Receipt Number ANYSDC-21978072)Document filed by Peter F. Sharkey, Charles Leinberry, Jr.. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C).(Ferrari, Lisa)
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