O'CONNELL et al v. DEPUY INC. et al
| CHARLES O'CONNELL and DONNA O'CONNELL |
| DEPUY INC., DEPUY INTERNATIONAL LIMITED, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON INTERNATIONAL and DEPUY ORTHOPAEDICS, INC. |
| SPECIAL MASTER |
| 1:2022cv01149 |
| December 30, 2022 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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Filing 73
ORDER signed by JUDGE LORETTA C. BIGGS on 02/10/2023, that the Defendants' Motion to Extend Word Limits for Brief in Opposition to Plaintiff's Motions in Limine is GRANTED. Defendants shall have up to 14,000 words for their responsive brief. (Garland, Leah)
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Filing 72
ORDER GRANTING LEAVE TO WITHDRAW APPEARANCE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/6/2023; that the Motions [Doc. #58 , #59 , #60 , #61 , #62 , #71 ] are hereby GRANTED, and the appearances of moving counsel are deemed withdrawn. The Clerk is directed to terminate attorneys John H. Beisner, Terri L. Bruksch, Michael V. Powell, Seth Michael Roberts, Jessica D. Miller, and Melissa A. Prickett from the Court's ECF notification service list in this case as of the date of this Order. (Hicks, Samantha)
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| Motion Referred: RE: #71 MOTION to Withdraw as Attorney NAVAN WARD, JR as to Melissa A. Prickett, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 71 MOTION to Withdraw as Attorney NAVAN WARD, JR as to Melissa A. Prickett by on behalf of CHARLES O'CONNELL, DONNA O'CONNELL. (Attachments: #1 Text of Proposed Order)(WARD, NAVAN) |
| Email to/from Plaintiff's counsel, Navan Ward, on 1/31/2023 advising the Clerk's Office that there is no objection to #64 Defendants Motion to Extend Word Limits for Brief in Opposition to Plaintiffs Motions in Limine. (Blay, Debbie) |
| Motion Submitted: #64 MOTION Extend Word Limit for Brief in Opposition to Plaintiff's Motions in Limine re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Reset Reply Deadline re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE. Replies due by 2/10/2023. (Hicks, Samantha) |
| Filing 70 RESPONSE BRIEF re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE by Defendants DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC. filed by DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC. Replies due by 2/10/2023. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(WELLS, DIXIE) Modified on 1/30/2023 to correct event and set reply deadline. (Hicks, Samantha) |
| Filing 69 NOTICE of Special Appearance by attorney TIFFANY BIRLEY on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL ( Filing fee $ 25 receipt number ANCMDC-3481678.) (BIRLEY, TIFFANY) |
| Filing 68 NOTICE of Special Appearance by attorney JAMES LAMPKIN, II on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL ( Filing fee $ 25 receipt number ANCMDC-3481672.) (LAMPKIN, JAMES) |
| Filing 67 NOTICE of Special Appearance by attorney DAVID BYRNE on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL ( Filing fee $ 25 receipt number ANCMDC-3481662.) (BYRNE, DAVID) |
| Filing 66 NOTICE of Special Appearance by attorney AIGNER SHANEA KOLOM on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL ( Filing fee $ 25 receipt number ANCMDC-3481642.) (KOLOM, AIGNER) |
| Filing 65 BRIEF re #64 MOTION Extend Word Limit for Brief in Opposition to Plaintiff's Motions in Limine re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE by Defendants DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC. filed by DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 64 MOTION Extend Word Limit for Brief in Opposition to Plaintiff's Motions in Limine re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE by DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. Response to Motion due by 2/17/2023 (WELLS, DIXIE) |
| Filing 63 RESPONSE Plaintiffs' Memorandum of Law in Response to Defendants' Omnibus Motion in Limine filed by Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL re #35 MOTION in Limine (Omnibus) filed by JOHNSON & JOHNSON SERVICES, INC., DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, DEPUY INC., JOHNSON & JOHNSON INTERNATIONAL filed by CHARLES O'CONNELL, DONNA O'CONNELL. Replies due by 2/10/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(WARD, NAVAN) |
| Filing 62 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Jessica D. Miller by on behalf of DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 61 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Seth Michael Roberts by on behalf of DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 60 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Michael V. Powell by on behalf of DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 59 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Terri L. Bruksch by on behalf of DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 58 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to John H. Beisner by on behalf of DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
| Filing 57 NOTICE of Special Appearance by attorney NAVAN WARD, JR on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL ( Filing fee $ 25 receipt number ANCMDC-3477789.) (WARD, NAVAN) |
| Motions Referred: RE: #60 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Michael V. Powell, #59 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Terri L. Bruksch, #62 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Jessica D. Miller, #61 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Seth Michael Roberts, #58 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to John H. Beisner, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 56 NOTICE of Appearance by attorney BENJAMIN H. WHITLEY on behalf of Plaintiffs CHARLES O'CONNELL, DONNA O'CONNELL . (WHITLEY, BENJAMIN) Modified on 1/23/2023 to correct event. (Hicks, Samantha) |
| Filing 55 NOTICE of Attorney Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants DEPUY INC., DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON INTERNATIONAL, JOHNSON & JOHNSON SERVICES, INC. (WELLS, DIXIE) |
| Filing 54 Notice of Right to Consent. (Attachments: #1 Consent Form) (Carter, Alexus) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus) |
| Filing 53 ECF 30 Day Notice as to Attorneys JAMES M. STANTON, NAVAN WARD, JR., MELISSA A. PRICKETT, JESSICA D. MILLER, JOHN H. BEISNER, MICHAEL V. POWELL, SETH MICHAEL ROBERTS, and TERRI BRUKSCH. ECF 30 Day Notice due by 2/2/2023. (Attachments: #1 30 Day Letter - MELISSA A. PRICKETT, #2 30 Day Letter - NAVAN WARD, JR., #3 30 Day Letter - MICHAEL V. POWELL, #4 30 Day Letter - JESSICA D. MILLER, #5 30 Day Letter - JOHN H. BEISNER, #6 30 Day Letter - SETH MICHAEL ROBERTS, #7 30 Day Letter - TERRI BRUKSCH) (Carter, Alexus) |
| Filing 52 Case transferred in from District of Texas Northern; Case Number 3:12-cv-01480. Original file certified copy of transfer order and docket sheet received. |
| Filing 51 (Document Restricted) Sealed Response and Objection re: #33 Motion for Partial Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 50
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 12/30/2022.]
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| Filing 49 (Document Restricted) Sealed Response and Objection re: #29 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 48
ELECTRONIC ORDER granting Plaintiff's Motion to Exceed Page Limit for Motion in Limine. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 47 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 25, 41] and conducting a telephonic hearing on December 29, 2022 [Dkt. 45], 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 Middle District of North Carolina pursuant to the recommendation in the parties' joint status report [Dkt. 38]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 26, 27, 28, 29, 30]; Motion for Partial Summary Judgment [Dkt. 33]; and Motions in Limine [Dkts. 35, 36]. 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 12/30/2022.] |
| Filing 46 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #30 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 45 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 44 RESPONSE filed by Charles O'Connell, Donna O'Connell re: #26 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 43 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 12/30/2022.] |
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Filing 42
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 16]. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore the motion is DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 41 Joint STATUS REPORT (Third) filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 40 RESPONSE filed by Charles O'Connell, Donna O'Connell re: #28 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 39 RESPONSE filed by Charles O'Connell, Donna O'Connell re: #27 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 38 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 37 MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Charles O'Connell (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 36 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Charles O'Connell with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 35 MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics 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 12/30/2022.] |
| Filing 34 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 9:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 33 MOTION for Partial Summary Judgment filed by Charles O'Connell, Donna O'Connell with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 32 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 12/30/2022.] |
| Filing 31 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 12/30/2022.] |
| Filing 30 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Charles O'Connell, Donna O'Connell with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 29 MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Charles O'Connell, Donna O'Connell with Brief/Memorandum in Support. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 28 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 27 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 26 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics 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 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 12/30/2022.] |
| Filing 25 Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 24 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 23], and the Court's Scheduling Order of September 16, 2022 [Dkt. 14], 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. The Motion to Amend Scheduling Order [Dkt. 16] should be DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 23 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 12/30/2022.] |
| Filing 22 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 12/30/2022.] |
| Filing 21 Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/19/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Amber A Thompson. (twd) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 20 Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/18/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Michael D O'Connor. (twd) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 19 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #16 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 18 ANSWER to #15 Amended Complaint,, with Jury Demand filed by DePuy Inc, DePuy International Limited, 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. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 17 ANSWER to #15 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 12/30/2022.] |
| Filing 16 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Charles O'Connell, Donna O'Connell (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 15 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc filed by Charles O'Connell, Donna O'Connell. 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. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 14
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 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 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 13
ELECTRONIC ORDER denying ALL Joint Motion(s) to Stay CMO 12 Obligations in these cases. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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| Filing 12 Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Charles O'Connell (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 11 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 10 Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Charles O'Connell (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 9 Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Charles O'Connell (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 8 Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Charles O'Connell. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
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Filing 7
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 12/30/2022.]
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| Filing 6 Joint MOTION to Stay CMO 12 Obligations to October 25, 2021 filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 5 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 12/30/2022.] |
| 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 12/30/2022.] |
| 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 12/30/2022.] |
| 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 12/30/2022.] |
| Filing 4 NOTICE of Attorney Appearance by Michael V Powell, Seth Michael Roberts, Jessica D Miller on behalf of Johnson and Johnson and DePuy. (drh) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 3 NOTICE OF RELATED FILING filed by Charles O'Connell (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Charles O'Connell. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. filed by Charles O'Connell. Summons(es) not requested at this time. 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. (Filing fee $350; Receipt number 0539-4576801) 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 (Attachments: #1 Cover Sheet) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.] |
| Case Reassigned to Judge Ed Kinkeade per Amended Special Order No 3-250. Judge Sam A Lindsay no longer assigned to the case. (jrb) [Transferred from Texas Northern on 12/30/2022.] |
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