Singer et al v. DePuy Orthopaedics Inc et al
| Attorney Stuart Singer and Susan Singer |
| Depuy Orthopaedics, Inc., Depuy Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc., Johnson & Johnson International, DePuy Products, Inc. and Depuy Synthes, Inc. |
| Special Master |
| 1:2023cv09065 |
| October 15, 2023 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Both |
Docket Report
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Filing 56
ORDER: Accordingly, this case is hereby DISMISSED. The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/31/2023) (tg)
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Filing 55
ORDER: Counsel for the parties are directed to file a joint status letter within 7 days discussing (1) the status of this action, which was recently transferred to this Court, and (2) whether the settlement and dismissal of 11-cv-9374 (SDNY) resolves this matter. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 54 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:12-cv-00384. Original file certified copy of transfer order and docket entries received. |
| 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge J. Paul Oetken. 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..(vba) |
| Magistrate Judge James L. Cott 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. (vba) |
| Case Designated ECF. (vba) |
| Filing 53 CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 52 Joint STATUS REPORT Third filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 51 (Document Restricted) Sealed Response and Objection re: #42 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 50
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding 16 cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified 15 cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 49 RESPONSE AND OBJECTION filed by Stuart Singer, Susan Singer re: #44 MOTION in Limine (Omnibus) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 48 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status report [Dkt. 39], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. The following motions are currently pending in this case: Motions to Exclude [Dkts. 40, 41, 42]; and Motions in Limine [Dkts. 43, 44]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 47 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #41 MOTION Motion to Exclude or Limit Defense Expert Opinions with Memorandum of Support (Beisner, John) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 46 RESPONSE AND OBJECTION filed by Stuart Singer, Susan Singer re: #40 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 45 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 44 MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 43 MOTION in Limine filed by Stuart Singer, Susan Singer with Brief/Memorandum in Support. (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 42 MOTION Motion to Exclude or Limit Non-Retained Expert Witness Testimony filed by Stuart Singer, Susan Singer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 41 MOTION Motion to Exclude or Limit Defense Expert Opinions with Memorandum of Support filed by Stuart Singer, Susan Singer with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Proposed Order) (Onder, James)[Transferred from Texas Northern on 10/15/2023.] |
| Filing 40 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Inc(pty:dft), Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party DePuy Synthes Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 39 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 38 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 37], and the Court's Scheduling Order of October 3, 2022 [Dkt. 30], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 37 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 36 On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 35 Designation of Experts by Stuart Singer, Susan Singer. (Attachments: #1 Expert Report) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 34 ANSWER to #32 Amended Complaint,, with Jury Demand filed by DePuy Inc, DePuy Synthes Inc, Depuy Products Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Terri Bruksch added to party DePuy Synthes Inc(pty:dft), Attorney Terri Bruksch added to party Depuy Products Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 33 ANSWER to #32 Amended Complaint,, with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 32 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc filed by Stuart Singer, Susan Singer. (One or more defendant(s) is no longer named.) Clerk to issue summons(es). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 31 RESPONSE AND OBJECTION filed by Stuart Singer, Susan Singer re: #30 Scheduling Order,,,, (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 30
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by October 7, 2022; Each Defendant shall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 10/3/2022) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 29 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 28 Counsel for the parties appeared at the status conference; Counsel advised that Defendant has an outstanding settlement offer that expires on September 23, 2022; Counsel for Defendant will provide an update to the Special Master by September 26, 2022, whether the case is resolved. (Stanton, James M. Special Master) (cea) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 27 Pursuant to the Court's Order Appointing Special Master [Doc. 81], the parties are ordered to attend a telephonic status conference on Wednesday, September 21, 2022 at 1:30 p.m. Central Standard Time by calling 800-977-8002 and using passcode 8325765#. (Stanton, James M. Special Master) (cea) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 26
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion for Extension of Time. The Motion is GRANTED. The Court reminds plaintiff that this Court's local rules require the Parties to confer before filing for this type of Motion and file a Motion that contains the required Certificate of Conference. (Ordered by Judge Ed Kinkeade on 9/14/2022) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 25 RESPONSE filed by Stuart Singer, Susan Singer re: 23 Order,, (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 24 MOTION for Extension of Time to File Response/Reply to 23 Order,, filed by Stuart Singer, Susan Singer (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 23
ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 8/10/2022) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 22 REPLY filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: 20 Order,, (Attachments: #1 Exhibit(s) A - Correspondence, #2 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 21 RESPONSE filed by Stuart Singer, Susan Singer re: 20 Order,, (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 20
ELECTRONIC ORDER: Plaintiff is instructed to show cause within thirty (30) days why the claim should not be dismissed with prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. (Ordered by Judge Ed Kinkeade on 5/2/2022) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 19 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], as Special Master and Mediator, I attempted to obtain the Parties' preference for a city to attend mediation. After attempts to obtain this information were unsuccessful, the parties were ordered to attend a telephonic status conference on Friday, March 18, 2022 at 10 a.m. Central Standard Time. Counsel for Plaintiff appeared and provided Plaintiff's preferred city for an in-person mediation. The Mediator is in email correspondence with counsel for Plaintiffs and will confirm a date for a mediation to occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 18 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], as Special Master and Mediator, I attempted to obtain the Parties's preference for a city to attend mediation. Attempts to obtain this information from Plaintiff have been unsuccessful. Pursuant to the Courts Order Appointing Special Master [Doc. 81], the Parties are ordered to attend a telephonic status conference on Friday, March 18, 2022 at 10 a.m. Central Standard Time to provide an explanation for why Plaintiff has not responded to court-ordered attempts to schedule mediation or provided the information requested by calling 800-977-8002 and using passcode 8325765#. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 17
ELECTRONIC ORDER granting #16 Unopposed to Extend Time CMO 12 Deadlines. The deadline for Plaintiff to comply with CMO 12 Deadlines is extended to October 30, 2021. The Parties' are DIRECTED to file a Joint Status Report with the Court no later than October 30, 2021, regarding the status of this case. (Ordered by Judge Ed Kinkeade on 9/9/2021) (chmb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 16 MOTION to Extend Time CMO 12 Deadlines filed by Stuart Singer, Susan Singer (Attachments: #1 Proposed Order) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 15 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/15/2021. Counsel for Plaintiff and Defendant appeared via teleconference and advised the court that the parties have not reached a settlement. Pursuant to CMO 13 [Doc. 1150], the parties are directed to attend mediation within 120 days of this order to be scheduled via email correspondence. (James M. Stanton Special Master). (chmb) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 14 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (lrl) [Transferred from Texas Northern on 10/15/2023.] |
| Filing 13 NOTICE of Attorney Appearance by James G Onder on behalf of Stuart Singer, Susan Singer. (Filer confirms contact info in ECF is current.) (Onder, James) [Transferred from Texas Northern on 10/15/2023.] |
| NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the August 9, 2012, proceedings via telephone, the Special Master has arranged a call in number (800-700-7784) and access code (256523). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 10:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244. (drh) [Transferred from Texas Northern on 10/15/2023.] |
| Notice of filing Orders:The following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#ORDER SETTING CONFERENCE: A conference with the Court is set for 8/9/2012 10:30 AM before Judge Ed Kinkeade.#ORDER REGARDING ATTORNEYS APPEARING IN MDL 2244. (drh) Modified to correct links on 4/9/2018 (cea). [Transferred from Texas Northern on 10/15/2023.] |
| Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #5#CASE MANAGEMENT ORDER NO. #6 Attorney-Client Privilege and Work-Product Privilege Protocol.#CASE MANAGEMENT ORDER NO. #7 Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues. (drh) Modified to correct link on 4/9/2018 (cea). [Transferred from Texas Northern on 10/15/2023.] |
| NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 9:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 10/15/2023.] |
| NOTICE FROM THE SPECIAL MASTER: On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 12
ORDER SETTING CONFERENCE: A Conference on Scheduling is hereby set for Wednesday, April 25, 2012 at 9:30 a.m. at 1100 Commerce Street, Room 1625, Dallas, Texas 75242. In preparation for this Conference on Scheduling, the parties are DIRECTED to confer with the Special Master within 7 days of this order. (Ordered by Judge Ed Kinkeade on 4/5/2012) (drh) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 11 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy International Limited, DePuy Orthopaedics, Inc., DePuy, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Roberts, Seth) [Transferred from Texas Northern on 10/15/2023.] |
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Filing 10
ORDER ON STIPULATED MOTION TO CONTINUE DEADLINES: Through respective lead counsel, the parties have agreed to extend all existing deadlines for pleadings and motions (including but not limited to answers and jurisdictional briefing) in all cases in this MDL proceeding to allow counsel an opportunity to address those issues in a proposed case management order that they are preparing for submission to the Court in the short term. IT IS HEREBY ORDERED, that the foregoing motion is GRANTED. The deadlines in all cases in this MDL proceeding are hereby CONTINUED pending the entry of a case management order. (Ordered by Judge Ed Kinkeade on 2/7/2012) (jrb) [Transferred from Texas Northern on 10/15/2023.]
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| Filing 9 Case electronically transferred in from District of New York Southern; Case Number 1:11-cv-09374. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. Copy of NEF to be sent US Mail to parties not electronically noticed. [Transferred from Texas Northern on 10/15/2023.] |
| Filing 8 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Texas. (Signed by MDL Panel on 2/1/2012) (sjo) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Texas. (sjo) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Filing 7 SUMMONS RETURNED EXECUTED. DePuy, Inc. served on 1/11/2012, answer due 2/1/2012. Service was accepted by Scott LaScala, Managing Agent. Document filed by Stuart Singer; Susan Singer. (Olivo, John) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Filing 6 AFFIDAVIT OF SERVICE. Johnson & Johnson Services, Inc. served on 1/11/2012, answer due 2/1/2012. Service was accepted by Elizabeth Carew, Paralegal. Document filed by Stuart Singer; Susan Singer. (Olivo, John) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Filing 5 AFFIDAVIT OF SERVICE. Johnson & Johnson International served on 1/11/2012, answer due 2/1/2012. Service was accepted by Elizabeth Carew, Paralegal. Document filed by Stuart Singer; Susan Singer. (Olivo, John) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Filing 4 AFFIDAVIT OF SERVICE. Johnson & Johnson served on 1/11/2012, answer due 2/1/2012. Service was accepted by Elizabeth Carew, paralegal. Document filed by Stuart Singer; Susan Singer. (Olivo, John) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/23/2012 at 10:00 AM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote, and as further set forth. (Signed by Judge Denise L. Cote on 1/13/2012) Copies Sent By Chambers. (rjm) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney John W. Olivo, Jr. for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint, to: caseopenings@nysd.uscourts.gov. (rdz) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.]
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| Filing 1 COMPLAINT against DePuy Orthopaedics, Inc., DePuy, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Filing Fee $ 350.00, Receipt Number 465401025093)Document filed by Stuart Singer, Susan Singer.(rdz) (ama). [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| SUMMONS ISSUED as to DePuy Orthopaedics, Inc., DePuy, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (rdz) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
| Magistrate Judge Henry B. Pitman is so designated. (rdz) [Transferred from New York Southern on 2/6/2012.] [Transferred from Texas Northern on 10/15/2023.] |
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