Buonaiuto v. DePuy Orthopaedics Inc et al
| Denise Buonaiuto and Frank Buonaiuto |
| Depuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Does 1-10, DePuy Products, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.) and Johnson & Johnson International |
| Special Master |
| 7:2023cv00102 |
| January 5, 2023 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Andrew L Carter |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl Diversity-Product Liability |
| Both |
Docket Report
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Filing 151
ORDER: As discussed at a conference held today and attended by counsel for all parties, it is HEREBY ORDERED: 1. The deadline for completion of discovery is extended to October 31, 2023. 2. The next case management conference will be held on October 31, 2023, at 11:00 a.m., to be conducted in person at the White Plains Courthouse, Room 620. 3. By October 17, 2023, counsel shall submit a joint letter regarding the status of discovery, the status of mediation and/or settlement discussions, and anything else counsel would like to discuss at the October 31 conference. SO ORDERED. Discovery due by 10/31/2023. Case Management Conference set for 10/31/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 6/28/2023) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 6/28/2023, ( Status Conference set for 10/31/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti.). (Court Reporter none)Attorneys for Plaintiff and Defendant present. PTC held. Order to follow. (dh) |
| Filing 150 JOINT LETTER addressed to Judge Vincent L. Briccetti from Mitchell Charchalis, Esq. dated May 31, 2023 re: Joint Letter to Court Pursuant to March 10, 2023 Order. Document filed by DePuy Products, Inc., Depuy Orthopaedics, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.), Johnson & Johnson International, Johnson & Johnson Services, Inc...(Charchalis, Mitchell) |
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Filing 149
ORDER, It is HEREBY ORDERED: By May 31, 2023, counsel shall submit a joint letter regarding the status of their good faith settlement discussion and indicating whether there is anything the Court can do to assist in that regard. The next case management conference is scheduled for June 28, 2023, at 02:30 p.m., to be held in person at the White Plains White Plains Courthouse, Courtroom 620. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/10/23) (yv)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 3/10/2023. (Court Reporter Angela O'Donnell) (dh) |
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Filing 148
ORDER FOR ADMISSION PRO HAC VICE granting #143 Motion for Molly E. Flynn to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 3/7/2023) (ks)
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Filing 147
ORDER denying without prejudice #126 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS, #129 MOTION in Limine Plaintiffs' Motions in Limine, #131 MOTION in Limine (Omnibus): In light of the parties' joint request (Doc. #146), the pending motions in limine (Docs. #126, 129, 131) are DENIED WITHOUT PREJUDICE. The case management conference will proceed as scheduled on 3/10/2023 at 2:30 p.m. at the White Plains Courthouse, Courtroom 620. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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| Filing 146 STATUS REPORT. JOINT CASE MANAGEMENT REPORT Document filed by DePuy Products, Inc., Depuy Orthopaedics, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.), Johnson & Johnson International, Johnson & Johnson Services, Inc...(Charchalis, Mitchell) |
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Filing 145
ORDER re: #144 Notice (Other) filed by Frank Buonaiuto, Denise Buonaiuto: The Clerk is instructed to terminate Luke Fitzgerald Callahan, Esq., as counsel for plaintiffs. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb) Transmission to Docket Assistant Clerk for processing.
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| Filing 144 NOTICE of Withdrawal. Document filed by Denise Buonaiuto, Frank Buonaiuto..(Callahan, Luke) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #143 MOTION for MOLLY E. FLYNN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27381675. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 143 MOTION for MOLLY E. FLYNN to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27381675. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DePuy Products, Inc., Depuy Orthopaedics, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.), Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Attachments: #1 Affidavit of Molly Flynn, #2 Exhibit Supreme Court of New Jersey Certificate of Good Standing, #3 Exhibit Supreme Court of Pennsylvania Certificate of Good Standing, #4 Text of Proposed Order For Admission Pro Hac Vice).(Charchalis, Mitchell) |
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Filing 142
ORDER: This case was recently transferred to this district from the Northern District of Texas and assigned to the undersigned. The Court will conduct a case management conference on March 10, 2023, at 2:30 p.m., to be held in person at the White Plains Courthouse, Courtroom 620. By March 3, 2023, counsel shall submit a joint case management report, not to exceed five pages, setting forth the following information: 1. Summary of the factual background; 2. Procedural history and current status; 3. Claims and defenses to be tried, whether it is a jury or bench trial, and the expected length of trial; 4. Summary of all pending motions; and 5. Overview of settlement efforts, including the present status of any settlement discussions, what efforts counsel expect to make in the future to settle this case, and whether and how the Court can assist in that regard. SO ORDERED. Case Management Conference set for 3/10/2023 at 02:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 2/9/2023) (mml)
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Filing 141
ORDER FOR ADMISSION PRO HAC VICE granting #140 Motion for Brian J. Madden to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 2/9/2023) (mml)
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| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Andrew L. Carter, Jr is no longer assigned to the case. (vba) |
| Magistrate Judge Andrew E. Krause 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #140 MOTION for Brian Joseph Madden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27309252. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac) |
| Filing 140 MOTION for Brian Joseph Madden to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27309252. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Denise Buonaiuto, Frank Buonaiuto. (Attachments: #1 Affidavit Affidavit of Brian J. Madden, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Madden, Brian) |
| Filing 139 STATUS REPORT. Joint Status Report Document filed by DePuy Products, Inc., Depuy Orthopaedics, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.), Johnson & Johnson International, Johnson & Johnson Services, Inc...(Charchalis, Mitchell) |
| Filing 138 NOTICE OF APPEARANCE by Mitchell R. Charchalis on behalf of DePuy Products, Inc., Depuy Orthopaedics, Inc., Depuy Synthes, Inc., Johnson & Johnson (Inc.), Johnson & Johnson International, Johnson & Johnson Services, Inc...(Charchalis, Mitchell) |
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Filing 137
ORDER: The parties are hereby ORDERED to submit a joint statement indicating whether the claims in this matter arose in whole or in part in the Northern Counties of the Southern District of New York (Dutchess, Orange, Putnam, Rockland, Sullivan, and Westchester Counties). The parties are ORDERED to submit this joint status report on or by January 27, 2023. (Signed by Judge Andrew L. Carter, Jr on 1/23/2023) (ate)
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| Filing 136 CASE TRANSFERRED IN from the United States District Court - District of Texas Northern; Case Number: 3:14-cv-02750. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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 Sarah L. Cave 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) |
| 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) |
| Filing 135 RESPONSE filed by Denise Buonaiuto, Frank Buonaiuto re: #126 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 134
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 133 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status report [Dkt. 125], 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. Further, the special master recommends transferring the case to the Southern District of New York pursuant to the recommendation in the parties' joint status report [Dkt. 130]. The following motions are currently pending in this case: Motion to Exclude [Dkt. 126]; and Motions in Limine [Dkts. 129, 131]. 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 1/5/2023.] |
| Filing 132 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 1/5/2023.] |
| Filing 131 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 130 Joint STATUS REPORT filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 129 MOTION in Limine Plaintiffs' Motions in Limine filed by Denise Buonaiuto, Frank Buonaiuto (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 128 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 127 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 126 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)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 Inc(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 1/5/2023.] |
| Filing 125 STATUS REPORT Joint Status Report filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 124 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 123], and the Court's Scheduling Order of September 16, 2022 [Dkt. 116], 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 1/5/2023.] |
| Filing 123 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 1/5/2023.] |
| Filing 122 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 1/5/2023.] |
| Filing 121 NOTICE of Service of Plaintiffs' Expert Witness Disclosures filed by Denise Buonaiuto, Frank Buonaiuto (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 120 ANSWER to #117 Amended Complaint,, with Jury Demand filed by DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson Inc, 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. (Bruksch, Terri) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 119 ANSWER to #117 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 1/5/2023.] |
| Filing 118 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 1/5/2023.] |
| Filing 117 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc filed by Frank Buonaiuto, Denise Buonaiuto. (One or more defendant(s) is no longer named.) 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. (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 116
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall 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 9/16/2022) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 115 STATUS REPORT (Defendants' 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 1/5/2023.] |
| Filing 114 STATUS REPORT (Defendants' 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 1/5/2023.] |
| Filing 113 STATUS REPORT (Defendants' 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 1/5/2023.] |
| Filing 112 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 confirmed Plaintiff's preferred location for an in-person mediation to occur on or before May 31, 2022.(James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 111 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 1/5/2023.] |
| Filing 110 Joint STATUS REPORT filed by Denise Buonaiuto, Frank Buonaiuto. (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 109
ELECTRONIC ORDER - Before the Court is Movant's Motion to Withdraw as Counsel filed in various cases. The Motion is unopposed and is therefore GRANTED. Thomas Preuss is withdrawn in these cases. Thomas Cartmell and Thomas L. Wagstaff shall remain as counsel in Case No. 3:12-cv-02196-K and 3:12-cv-03706-K (Luke Callahan has not made an appearance in those cases). Luke Callahan shall remain as Counsel in 3:13-cv-0932-K, 3:13-cv-2957-K, 3:14-cv-0900-K, and 3:14-cv-2750-K. (Ordered by Judge Ed Kinkeade on 8/24/2021) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 108 Unopposed MOTION to Withdraw as Attorney filed by Denise Buonaiuto, Frank Buonaiuto, Julie Wilson, Gregory Wright, Patricia Kay Holt Dowd, Robert A. Duerr (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 107
ELECTRONIC ORDER granting Joint to Stay CMO 12 Deadlines to October 25, 2021. The Parties and DIRECTED to file a Joint Status Report on November 1, 2021, regarding the Status of this Case. (Ordered by Judge Ed Kinkeade on 8/23/2021) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 106 MOTION Joint Motion to Stay CMO 12 Obligations to October 25, 2021 filed by Denise Buonaiuto, Frank Buonaiuto (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 105 NOTICE of Attorney Appearance by Brian J Madden on behalf of Denise Buonaiuto, Frank Buonaiuto. (Filer confirms contact info in ECF is current.) (Madden, Brian) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 104 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). (cea) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 103
ELECTRONIC ORDER granting #101 Amended Unopposed Motion to Withdraw as Counsel. Jayne Conroy, Wayne Fisher, Laura L Fitzpatrick, W Mark Lanier, Richard J Arsenault and Dawn M Chmielewski are withdrawn as Counsel for Plaintiffs. Luke Fitzgerald Callahan with Wagstaff & Cartmell shall remain as Counsel for Plaintiffs. (Ordered by Judge Ed Kinkeade on 7/9/2021) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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Filing 102
ELECTRONIC ORDER denying #99 Unopposed Motion to Withdraw as Counsel as MOOT. The Court will consider the Amended Motion to Withdraw as Counsel #101 . (Ordered by Judge Ed Kinkeade on 7/9/2021) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 101 Amended MOTION to Withdraw as Attorney filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Proposed Order) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 100 NOTICE of Attorney Appearance by Luke Fitzgerald Callahan on behalf of Denise Buonaiuto, Frank Buonaiuto. (Filer confirms contact info in ECF is current.) (Callahan, Luke) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 99 Unopposed MOTION to Withdraw as Attorney filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Proposed Order) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 98 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master James M. Stanton requires counsel for the parties to attend a telephonic status conference on July 15, 2021, at 1:10 p.m. Central Standard Time to receive an update from counsel on the status of the litigation and scheduling a mediation by calling 800-920-7487 and using passcode 67938884#. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 97 NOTICE of Attorney Appearance by Dawn M Chmielewski on behalf of Debbie M Wentz, Robert Wentz, Rudy Alfred, Jim Burgar, Kelly Burgar, Suzanne D Wirsing, William Wirsing, Carmen Barnett, Joseph Barnett, Michael Beach, Sandra Eubanks, Raymond Weiss, Suzette J. Brown, Earl Butler, Jimmie Butler, Bonnie L. Bass, John Bass, John Brower, Frederick Appling, James Baker, Robert Bennett, Yvonne Bennett, DePuy International Limited, John Wilcher, Pearlie Wilcher, Gloria Chepes, Betty F. Williams, Jerry Wyrick, Margarine Arrington, William Arrington, Mark Buchanan, Denise Buonaiuto, Frank Buonaiuto, Charles Boring, Brent Bernau, David Baker, William Bulthuis, Dontae Boggio, Sharon Williamson, William Williamson, Joseph L. Berry, John Britton, Susan Britton, Geraldine Beck, James E Beck, Frankie Wynn, Aviva Barzel, Uriel Barzel, Jesse Williams, Lucille Williams, Jessie R. Brown, Betty M. Williams, Andrew Yellen, Heidi Yellen, Patty Alexander, Molly A Anthony, Kenneth Wyatt, Patricia Wyatt, Charles Buchanan, Lorraine Buchanan, John T Alford, Helen Bickley, John Bickley, Carole Alicea, Ramon Alicea, Jesse Barr, Johnny Barr, Joseph C. Bush, Lorraine L. Bush, Ronald Belyea, Valerie Burdett-Thomas, Cameron Thomas, Kenneth Bowen, Patricia Bowen, Gregory L. Bryant, Sylvia Bryant, Saletia Wilford. (twd) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 96 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. (cea) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 95 USCA ORDER ON PETITION FOR REHEARING EN BANC: Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The respondents' motion to vacate portions of the panel opinion is also DENIED. (svc) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 94
ELECTRONIC ORDER denying as Moot Plaintiffs' Memorandum of Law in Support of Motion in Limine #60 ; and denying as Moot Defendants' Omnibus Motion in Limine #68 . (Ordered by Judge Ed Kinkeade on 9/19/2017) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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Filing 93
ELECTRONIC ORDER granting DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE PLAINTIFF DENISE BUONAIUTO FROM THE POOL OF TRIAL CANDIDATES FOR THE FOURTH MDL TRIAL #86 . The Court granted this motion on the record in open court on September 18, 2017. (Ordered by Judge Ed Kinkeade on 9/19/2017) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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Filing 92
ORDER re: Defendants' Motion for Determination of Choice of Law and Defendants' Motion for Summary Judgment on Plaintiffs' Punitive Damages Claims [Heroth Doc. 35; Miura Doc. 40; Stevens Doc. 35; Stevens Doc. 35; Bounaiuto Doc. 37; Alicea Doc. 36; Barzel Doc. 38; Kirschner Doc. 33]. The Court DENIES the motion for a determination of choice of law WITHOUT PREJUDICE to being re-urged and accordingly DENIES Defendants' motion for summary judgment on Plaintiffs' punitive damages claims. (Ordered by Judge Ed Kinkeade on 9/18/2017) (axm) [Transferred from Texas Northern on 1/5/2023.]
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Filing 91
ORDER re: Defendants' Motion for Summary Judgment as to all Claims Relying on a Theory That DePuy Should Have Sought Premarket Approval or That all Metalon-Metal Implants are Defective [Heroth Doc. 31; Miura Doc. 36; Stevens Doc. 31; Stevens Doc. 31; Bounaiuto Doc. 33; Alicea Doc. 32; Barzel Doc. 34; Kirschner Doc. 29 ]; Defendants Motion for Summary Judgment as to Plaintiffs Claims Based on a Theory of Manufacturing Defect [Heroth Doc. 32; Miura Doc. 37; Stevens Doc. 32; Stevens Doc. 32; Bounaiuto Doc. 34; Alicea Doc. 33; Barzel Doc. 35; Kirschner Doc. 30 ]; Defendants' Motion for Partial Summary Judgment as to Plaintiffs' Express Warranty Claims [Heroth Doc. 33; Miura Doc. 38; Stevens Doc. 33; Stevens Doc. 33; Bounaiuto Doc. 35; Alicea Doc. 34; Barzel Doc. 36; Kirschner Doc. 31]; Defendants' Motion for Summary Judgment as to Plaintiffs' Design-Defect Claims [Heroth Doc. 34; Miura Doc. 39; Stevens Doc. 34; Stevens Doc. 34; Bounaiuto Doc. 36; Alicea Doc. 35; Barzel Doc. 37; Kirschner Doc. 32]; Johnson & Johnson's Motion for Summary Judgment [Heroth Doc. 36; Miura Doc. 41; Stevens Doc. 36; Stevens Doc. 36; Bounaiuto Doc. 38; Alicea Doc. 37; Barzel Doc. 39; Kirschner Doc. 34]. The Court DENIES the motions. (Ordered by Judge Ed Kinkeade on 9/18/2017) (axm) [Transferred from Texas Northern on 1/5/2023.]
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Filing 90
ORDER: The Court DENIES WITHOUT PREJUDICE Defendants' Motion to Strike Andrew White from Plaintiffs Witness List and For a Protective Order until Plaintiffs notify Defendants and the Court that they intend to call Mr. White as a witness at trial. The Court DENIES AS MOOT Defendants' Motion to Strike Unidentified Rule 30(b)(6) Witnesses from Plaintiffs Witness List because Plaintiffs voluntarily withdrew the representatives listed as No.'s 11 and 13 from their witness list. The Court DENIES Plaintiffs Motion to Strike Defendants' Late and Untimely Designated Experts. (Ordered by Judge Ed Kinkeade on 9/18/2017) (axm) [Transferred from Texas Northern on 1/5/2023.]
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Filing 89
ORDER - Granting in part and denying in part Defendants' Motions to Exclude Expert Testimony. See Order for Specifics. (Ordered by Judge Ed Kinkeade on 9/18/2017) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 88 Special Master's Report Regarding Pretrial Matters for the Fourth Bellwether Trial (Signed by James M. Stanton, Court-Appointed Special Master) (chmb) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 87 (Document Restricted) Sealed Response and Objection re: #86 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 86 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO STRIKE PLAINTIFF DENISE BUONAIUTO FROM THE POOL OF TRIAL CANDIDATES FOR THE FOURTH MDL TRIAL (Sealed pursuant to order dated 6/20/2012) filed by 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, #2 Additional Page(s) Certificate of Conference) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 85 (Document Restricted) Sealed Reply re: #68 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 84 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #67 (Document Restricted) MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO EXCLUDE IN PART THE TESTIMONY OF MR. ANTONI NARGOL (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 83 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #58 MOTION TO STRIKE ANDREW WHITE FROM PLAINTIFFS WITNESS LIST AND FOR A PROTECTIVE ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 82 (Document Restricted) Sealed Response and Objection re: #67 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 81 (Document Restricted) Sealed Response and Objection re: #68 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 80 RESPONSE AND OBJECTION filed by Denise Buonaiuto, Frank Buonaiuto re: #68 (Document Restricted) Omnibus Motion in Limine (Sealed pursuant to order dated 6/20/2012) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 79 (Document Restricted) Sealed Response and Objection re: #60 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 78
ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 77 (Document Restricted) Sealed Reply re: #49 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 76 (Document Restricted) Sealed Reply re: #50 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 75 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #66 MOTION to Strike Defendants' Late and Untimely Designated Experts (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 74 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #51 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OR, IN THE ALTERNATIVE, LIMIT THE TESTIMONY OF DR. BERNARD MORREY (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 73 (Document Restricted) Sealed Reply re: #48 Motion for Miscellaneous Relief, (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 72 RESPONSE filed by Denise Buonaiuto, Frank Buonaiuto re: #58 MOTION TO STRIKE ANDREW WHITE FROM PLAINTIFFS WITNESS LIST AND FOR A PROTECTIVE ORDER (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 71 RESPONSE filed by Denise Buonaiuto, Frank Buonaiuto re: #59 MOTION TO STRIKE UNIDENTIFIED RULE 30(b)(6) WITNESSES FROM PLAINTIFFS WITNESS LIST (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 70 NOTICE of Filing of Petition for Rehearing En Banc re: #69 Remark, filed by Denise Buonaiuto, Frank Buonaiuto (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 69 PUBLISHED OPINION: Denying petition for writ of mandamus filed by Petitioners Johnson & Johnson, DePuy Orthopaedics, Incorporated, DePuy Products, Incorporated, Johnson & Johnson Services, Incorporated, DePuy Synthes, Incorporated and Johnson & Johnson International. Issued as the Mandate on 8/31/2017. (svc) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 68 (Document Restricted) Omnibus Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix pt 1, #2 Exhibit(s) Appendix pt 2, #3 Exhibit(s) Appendix pt 3, #4 Exhibit(s) Appendix pt 4, #5 Exhibit(s) Appendix pt 5, #6 Exhibit(s) Appendix pt 6, #7 Exhibit(s) Appendix pt 7, #8 Exhibit(s) Appendix pt 8, #9 Exhibit(s) Appendix pt 9, #10 Exhibit(s) Appendix pt 10, #11 Exhibit(s) Appendix pt 11, #12 Exhibit(s) Appendix pt 12) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 67 (Document Restricted) MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO EXCLUDE IN PART THE TESTIMONY OF MR. ANTONI NARGOL (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 66 MOTION to Strike Defendants' Late and Untimely Designated Experts filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 65 (Document Restricted) Sealed Appendix in Support re: #61 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 64 (Document Restricted) Sealed Response and Objection re: #51 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Exhibit(s)) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 63 (Document Restricted) Sealed Response and Objection re: #50 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Exhibit(s)) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 62 (Document Restricted) Sealed Response and Objection re: #49 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Exhibit(s)) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 61 (Document Restricted) Sealed Response re: #48 Motion for Miscellaneous Relief, (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 60 (Document Restricted) Plaintiffs' Memorandum of Law in Support of Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 59 MOTION TO STRIKE UNIDENTIFIED RULE 30(b)(6) WITNESSES FROM PLAINTIFFS WITNESS LIST filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 58 MOTION TO STRIKE ANDREW WHITE FROM PLAINTIFFS WITNESS LIST AND FOR A PROTECTIVE ORDER filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 57 REPLY filed by Johnson & Johnson re: #38 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 56 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #35 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS EXPRESS WARRANTY CLAIMS (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 55 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #33 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE (Sealed purs (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 54 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #34 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS CLAIMS BASED ON A THEORY OF MANUFACTURING DEFECT (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 53 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #36 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS SOUNDING IN DESIGN DEFECT (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 52 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #37 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DETERMINATION OF CHOICE OF LAW WITH RESPECT TO PLAINTIFFS PUNITIVE DAMAGES CLAIMS AND FOR SUMMARY JUDGMENT ON PLAINTIFFS PUNITIVE DAMAGES CLAIMS AGAINST THE JOHNSON & JOHNSO (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 51 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OR, IN THE ALTERNATIVE, LIMIT THE TESTIMONY OF DR. BERNARD MORREY (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 50 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF ALBERT H. BURSTEIN, PH.D. (Sealed pursuant to order dated 6/20/2012) filed by 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 pt 1, #2 Exhibit(s) Appendix of Exhibits pt 2) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 49 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PLAINTIFFS EXPERTS REGARDING THE PURPORTED RISK OF SYSTEMIC ILLNESS ASSOCIATED WITH METAL-ON-METAL HIP IMPLANTS (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 48 MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF NICHOLAS P. JEWELL, PH.D. filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 47 USCA5 ORDER: IT IS ORDERED that petitioners' motion for leave to file a reply in support of the petition for writ of mandamus is GRANTED. (svc) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 46 (Document Restricted) Sealed Response and Objection re: #38 Motion for Summary Judgment (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Exhibit(s) 1-16, #2 Exhibit(s) 17-21, #3 Exhibit(s) 22-51, #4 Exhibit(s) 52-53, #5 Exhibit(s) 54-130, #6 Exhibit(s) 131-159, #7 Exhibit(s) 160-184, #8 Exhibit(s) 185-207) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 45 (Document Restricted) Sealed Appendix in Support re: #44 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 44 (Document Restricted) Sealed Response re: #34 Motion for Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 43 RESPONSE AND OBJECTION filed by Denise Buonaiuto, Frank Buonaiuto re: #37 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DETERMINATION OF CHOICE OF LAW WITH RESPECT TO PLAINTIFFS PUNITIVE DAMAGES CLAIMS AND FOR SUMMARY JUDGMENT ON PLAINTIFFS PUNITIVE DAMAGES CLAIMS AGAINST THE JOHNSON & JOHNSO (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 42 (Document Restricted) Sealed Response re: #36 Motion for Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Attachments: #1 Declaration(s) of Benjamin Major, #2 Exhibit(s)) (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 41 (Document Restricted) Sealed Appendix in Support re: #40 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 40 (Document Restricted) Sealed Response re: #35 Motion for Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by Denise Buonaiuto, Frank Buonaiuto (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 39 RESPONSE filed by Denise Buonaiuto, Frank Buonaiuto re: #33 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE (Sealed purs, #36 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS SOUNDING IN DESIGN DEFECT (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 38 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by Johnson & Johnson with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 37 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR DETERMINATION OF CHOICE OF LAW WITH RESPECT TO PLAINTIFFS PUNITIVE DAMAGES CLAIMS AND FOR SUMMARY JUDGMENT ON PLAINTIFFS PUNITIVE DAMAGES CLAIMS AGAINST THE JOHNSON & JOHNSON DEFENDANTS filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 36 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS SOUNDING IN DESIGN DEFECT filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 35 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS EXPRESS WARRANTY CLAIMS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 34 MOTION for Summary Judgment AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS CLAIMS BASED ON A THEORY OF MANUFACTURING DEFECT filed by 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 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 33 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE (Sealed pursuant to order dated 6/20/2012) filed by 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) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 32 ANSWER to #26 Amended Complaint,, with Jury Demand filed by 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 31 ANSWER to #26 Amended Complaint,, with Jury Demand filed by Johnson & Johnson International. 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 30 ANSWER to #26 Amended Complaint,, with Jury Demand filed by Johnson & Johnson. 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 29 ANSWER to #26 Amended Complaint,, with Jury Demand filed by DePuy Synthes 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 28 ANSWER to #26 Amended Complaint,, with Jury Demand filed by DePuy Products 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 27 ANSWER to #26 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. (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 26 AMENDED COMPLAINT WITH JURY DEMAND [Second Amended] against All Defendants filed by Frank Buonaiuto, Denise Buonaiuto. 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. (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 25
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINTS: The Court DENIES Defendants' Motion as to Plaintiffs' strict liability design defect, fraud, fraudulent concealment, negligent misrepresentation, and breach of express warranty claims and GRANTS WITHOUT PREJUDICE Defendants' Motion as to Plaintiffs' strict liability manufacturing defect. Plaintiffs have ten days from the entry of this Order to amend their pleadings as to the dismissed claims. (Ordered by Judge Ed Kinkeade on 7/7/2017) (twd) [Transferred from Texas Northern on 1/5/2023.]
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Filing 24
ORDER DENYING DEFENDANTS' MOTION TO VACATE NOVEMBER 8, 2016 ORDER ON BELLWETHER TRIALS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION. (Ordered by Judge Ed Kinkeade on 6/28/2017) (twd) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 23 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #17 MOTION to Dismiss DEFENDANTS PARTIAL MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINTS (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 22 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #16 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 21
ORDER REGARDING PRODUCTION OF MEDICAL RECORDS, DOCUMENTS AND/OR OTHER MATERIALS: The Court orders that the medical records (excluding mental health or counseling records), radiology, pathology, materials and/or other documents sought by the request, authorization and/or subpoena accompanying this Order are to be produced within ten (10) days of your receipt of the request, authorization and/or subpoena and this Order. (Ordered by Judge Ed Kinkeade on 3/23/2017) (twd) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 20 RESPONSE AND OBJECTION filed by Denise Buonaiuto, Frank Buonaiuto re: #17 MOTION to Dismiss DEFENDANTS PARTIAL MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINTS (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 19 RESPONSE AND OBJECTION filed by Denise Buonaiuto, Frank Buonaiuto re: #16 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION (Attachments: #1 Exhibit A, #2 Exhibit B) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 18 MOTION FOR AN ORDER REGARDING THE PRODUCTION OF MEDICAL RECORDS, DOCUMENTS AND/OR OTHER MATERIALS (Unopposed filed by DePuy Orthopaedics Inc (Attachments: #1 Proposed Order) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 17 MOTION to Dismiss DEFENDANTS PARTIAL MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 16 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits)Attorney Stephen J Harburg added to party DePuy Products Inc(pty:dft), Attorney Stephen J Harburg added to party DePuy Synthes Inc(pty:dft), Attorney Stephen J Harburg added to party Johnson & Johnson(pty:dft), Attorney Stephen J Harburg added to party Johnson & Johnson International(pty:dft) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 15 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc, Johnson & Johnson Services Inc filed by Denise Buonaiuto. (One or more defendant(s) is no longer named.) 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. (Lanier, W) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 14 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson Services Inc re: #8 MOTION to Vacate #7 Scheduling Order, #6 Order,,, MOTION TO VACATE NOVEMBER 8, 2016 ORDER ON BELLWETHER TRIALS FOR LACK OF PERSONAL JURISDICTION (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 13 ***DISREGARD, filed in wrong case per attorney*** NOTICE of Attorney Appearance by Wayne Fisher on behalf of Susan H Cousin. (Filer confirms contact info in ECF is current.) (Fisher, Wayne) Docket text modified on 1/4/2017 (twd). [Transferred from Texas Northern on 1/5/2023.] |
| Filing 12 NOTICE of Attorney Appearance by Wayne Fisher on behalf of Denise Buonaiuto. (Filer confirms contact info in ECF is current.) (Fisher, Wayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 11 NOTICE of Attorney Appearance by Laura L Fitzpatrick on behalf of Denise Buonaiuto. (Filer confirms contact info in ECF is current.) (Fitzpatrick, Laura) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 10 NOTICE of Attorney Appearance by Jayne Conroy on behalf of Denise Buonaiuto. (Filer confirms contact info in ECF is current.) (Conroy, Jayne) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 9 (Document Restricted) Sealed Response and Objection re: #8 Motion to Vacate,, (Sealed pursuant to order dated 5/7/2012) filed by Denise Buonaiuto (Attachments: #1 Declaration(s), #2 Exhibit(s) 1 thru 20, #3 Exhibit(s) 21 thru 53) (Arsenault, Richard) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 8 MOTION to Vacate #7 Scheduling Order, #6 Order,,, MOTION TO VACATE NOVEMBER 8, 2016 ORDER ON BELLWETHER TRIALS FOR LACK OF PERSONAL JURISDICTION filed by DePuy Orthopaedics Inc, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits)Attorney Stephen J Harburg added to party DePuy Orthopaedics Inc(pty:dft), Attorney Stephen J Harburg added to party Johnson & Johnson Services Inc(pty:dft) (Harburg, Stephen) [Transferred from Texas Northern on 1/5/2023.] |
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Filing 7
SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd) [Transferred from Texas Northern on 1/5/2023.]
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Filing 6
ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 5, 2017. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. (Ordered by Judge Ed Kinkeade on 11/8/2016) (chmb) [Transferred from Texas Northern on 1/5/2023.]
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| Filing 5 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson Services Inc. Waiver sent on 8/5/2014. (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 4 WAIVER OF SERVICE Returned Executed as to DePuy Orthopaedics Inc. Waiver sent on 8/5/2014. (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 3 NOTICE of Related Case filed by Denise Buonaiuto (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Denise Buonaiuto. (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DOES 1-10, inclusive, DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc. filed by Denise Buonaiuto. (Filing fee $400; Receipt number 0539-6196961) Summons(es) not requested at this time. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. 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. (Attachments: #1 Cover Sheet) (Preuss, Thomas) [Transferred from Texas Northern on 1/5/2023.] |
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