OSBORNE et al v. DEPUY ORTHOPAEDICS INC et al
| CARROL A. OSBORNE, DEBRA SALANT, RICHARD H WEATHERLY, JR. and TAYJES SHAH |
| DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC., THOMAS P. SCHMALZRIED, MD and DOES 1-100 inclusive |
| 1:2023cv00134 |
| February 10, 2023 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 40 Consent MOTION to Change Date of Hearing Scheduled for April 28, 2023 by DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) |
Filing 39
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/29/2023, that the Motion to Withdraw [Doc. #36 ] is GRANTED, and Alexander Calfos appearance is terminated. (Bowers, Alexis)
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Filing 38
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/29/2023, that the Motion to Withdraw [Doc. #31 ] is GRANTED, and Kelly Olahs appearance is terminated. (Bowers, Alexis)
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| Filing 37 RESPONSE in Opposition re #32 MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-01148 , 1:22-cv-01150 and 1:22-vb-01149 filed by RICHARD H WEATHERLY, JR. filed by DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. Replies due by 4/11/2023 (Attachments: #1 Exhibit Weatherly Implant Product ID, #2 Exhibit Campbell Implant Product ID, #3 Exhibit Holland Implant Product ID, #4 Exhibit O'Connell Implant Product ID, #5 Exhibit Weatherly Deposition Excerpts, #6 Exhibit O'Connell Dr. Stanley Depo Excerpts, #7 Exhibit Holland Crowninshield Report, #8 Exhibit Weatherly Gilbert Report, #9 Exhibit Penrod Declaration, #10 Exhibit Burstein Weatherly Report, #11 Exhibit Burstein Campbell Report, #12 Exhibit Burstein Holland Report, #13 Exhibit Burstein O'Connell Report)(WELLS, DIXIE) |
| Motion No Longer Submitted #35 JOINT MOTIONfor Status Conference to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Motion Referred: RE: #35 JOINT MOTIONfor Status Conference, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| TEXT ORDER issued by JOI ELIZABETH PEAKE on 3/27/23 this case is set for a Status Conference, Scheduling Conference, and Hearing on the Motion to Consolidate on Friday, April 28, 2023 at 10:00 a.m. at the Federal Courthouse in Winston Salem, North Carolina Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE, granting #35 Joint Motion for Status Conference. (Garrett, Kim) |
| Motion Referred: RE: #36 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Alexander G. Calfo, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Motion Submitted: #35 JOINT MOTIONfor Status Conference to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 36 MOTION to Withdraw as Attorney Alexander G. Calfo by on behalf of DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) Modified on 3/13/2023 to reflect which attorney is withdrawing (Bowers, Alexis). |
| Filing 35 JOINT MOTIONfor Status Conference by DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. (WELLS, DIXIE) |
| Filing 34 NOTICE by RICHARD H WEATHERLY, JR re #33 Memorandum,,, Certificate of Word Count (SHAH, TAYJES) |
| Filing 33 MEMORANDUM filed by Plaintiff RICHARD H WEATHERLY, JR re #32 MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-01148 , 1:22-cv-01150 and 1:22-vb-01149 filed by RICHARD H WEATHERLY, JR. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V)(SHAH, TAYJES) |
| Filing 32 MOTION to Consolidate Cases. Case to be consolidated with 1:22-cv-01148 , 1:22-cv-01150 and 1:22-vb-01149 by RICHARD H WEATHERLY, JR. Response to Motion due by 3/29/2023 (Attachments: #1 Text of Proposed Order)(SHAH, TAYJES) |
| Motion Referred: RE: #31 MOTION to Withdraw as Attorney DIXIE THOMAS WELLS as to Kelley S. Olah, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 31 MOTION to Withdraw Attorney as to Kelley S. Olah by on behalf of DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. (Attachments: #1 Text of Proposed Order)(WELLS, DIXIE) Modified on 3/6/2023 to reflect which attorney is withdrawing. (Bowers, Alexis). |
| Filing 30 Envelope Containing #24 ECF 30 Day Notice addressed to ALEXANDER G. CALFO, KING & SPALDING, 333 S. GRAND AVENUE, SUITE 4200, LOS ANGELES, CA 90071 returned to court by postal service, marked undeliverable because NO LONGER AT THIS ADDRESS. (Attachments: #1 Letter) (Bowers, Alexis) |
| Filing 29 NOTICE of Special Appearance by attorney TAYJES SHAH on behalf of Plaintiff RICHARD H WEATHERLY, JR. ( Filing fee $ 25 receipt number ANCMDC-3504285.) (SHAH, TAYJES) Modified on 2/28/2023 to correct who the attorney is appearing for. (Bowers, Alexis). |
| Filing 28 Reply BRIEF In Support of Motion to Disqualify Plaintiff's Expert Diana Medlin by Defendants DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC. filed by DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC.. (WELLS, DIXIE) |
| Filing 27 NOTICE of Attorney Appearance by attorney DIXIE THOMAS WELLS on behalf of Defendants DEPUY ORTHOPAEDICS, INC., JOHNSON AND JOHNSON SERVICES, INC. (WELLS, DIXIE) |
| Filing 26 NOTICE of Attorney Appearance by attorney BRIAN L. KINSLEY on behalf of Plaintiff RICHARD H WEATHERLY, JR (KINSLEY, BRIAN) |
| Filing 25 Notice of Right to Consent. (Attachments: #1 Consent Form) (Bowers, Alexis) |
| Filing 24 ECF 30 Day Notice as to Attorney Margaret Dicke. ECF 30 Day Notice due by 3/16/2023. (Attachments: #1 Notice to Atty Hoke, #2 Notice to Atty Calfo, #3 Notice to Atty Olah, #4 Notice to Atty Norton) (Bowers, Alexis) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (Bowers, Alexis) |
| Filing 23 Case transferred in from District of California Central; Case Number 2:13-cv-02194. Original file certified copy of transfer order and docket sheet received. |
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Filing 21
ORDER TO TRANSFER CASE TO THE US DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA PURSUANT TO 28 U.S.C. 1404(a) by Judge George H. Wu. IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. 1404(a), for the convenience of the parties and witnesses, and in the interests of justice, this case is TRANSFERRED to the United States District Court for the Middle District of North Carolina.; granting #20 MOTION to Transfer Case. (aco) [Transferred from California Central on 2/10/2023.]
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| Filing 20 Joint NOTICE OF MOTION AND MOTION to Transfer Case to Middle District of North Carolina filed by Defendants DePuy Orthopaedics Inc, Johnson and Johnson Services Inc. (Attachments: #1 Proposed Order) (Olah, Kelley) [Transferred from California Central on 2/10/2023.] |
| Filing 19 NOTICE of Appearance filed by attorney Curtis Hoke on behalf of Plaintiff Richard H Weatherly, Jr (Attorney Curtis Hoke added to party Richard H Weatherly, Jr(pty:pla))(Hoke, Curtis) [Transferred from California Central on 2/10/2023.] |
| Filing 22 CONDITIONAL REMAND ORDER from the United States Judicial Panel on Multidistrict Litigation, MDL 2244, that the actions listed on the attached schedule be remanded to their respective transferor courts (see document for further details). Original document filed in Northern District of Texas at Dallas, case number 3:13-cv-02664-K, document #77, filed on 1/12/2023. (LATE DOCKETING DUE TO CLERK'S OFFICE ERROR) (Attachments: #1 Northern District of Texas Dallas Docket Sheet) (et) [Transferred from California Central on 2/10/2023.] |
| Filing 18 RECEIVED Notice of Receipt of Electronic Case Transferred from California Central has been opened in Northern District of Texas as case 3:13-cv-01539 filed 04/19/2013. (yl) [Transferred from California Central on 2/10/2023.] |
| Filing 17 Transfer Out Transmittal Letter. Case extracted and transferred via electronically to USDC Northern District of Texas. (pj) [Transferred from California Central on 2/10/2023.] |
| Filing 16 CONDITIONAL TRANSFER ORDER (CTO -131) by Jeffery N. Luthi Clerk of the Panel transferring case to Northern District of Texas. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. Section 1407 to the Northern District of Texas for the reasons stated in the order of May 23,2011, and, with the consent of that court, assigned to the Honorable James Edgar Kinkeade.. (MD JS-6. Case Terminated.) (pj) [Transferred from California Central on 2/10/2023.] |
| Filing 15 NOTICE OF MOTION AND MOTION to Stay Case pending the case transfer to MDL 2244 filed by defendants DePuy Orthopaedics Inc, Johnson and Johnson Services Inc. Motion set for hearing on 5/9/2013 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Calfo, Alexander) [Transferred from California Central on 2/10/2023.] |
| Filing 14 TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H Wu: The Court, on its own motion, sets a status conference on May 30, 2013 at 8:30 a.m. pending the Judicial Panel's decision whether to transfer the case to MDL No.2244. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(kti) TEXT ONLY ENTRY [Transferred from California Central on 2/10/2023.] |
| Filing 13 Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (See order for details.) (kti) [Transferred from California Central on 2/10/2023.] |
| Filing 12 PDF DOCUMENTS ATTACHED TO DOCKET RE LOCAL RULE 3-2. The following PDF Documents were attached to the Court docket on 4/4/13: Initiating Documents. (mg) [Transferred from California Central on 2/10/2023.] |
| Filing 11 PDF DOCUMENTS RECEIVED RE LOCAL RULE 3-2. The following PDF Documents were received by the Court on 4/4/13: Initiating Documents. (mg) [Transferred from California Central on 2/10/2023.] |
| Filing 10 CLERKS E-MAIL RE LOCAL RULE 3-2 TO COUNSEL on 4/4/13 addressed to acalfo@btlaw.com. COURT REQUIRES YOUR IMMEDIATE RESPONSE. Pursuant to Local Rule 3-2, you are required to e-mail, within 24 hours of filing, a Filed stamped copy of your complaint and other civil case initiating documents, in PDF format to the Court. To date, we have not received the PDF images of your filing. Please do so within 24 hours or this matter will be referred to the Judge for further proceedings. (mg) [Transferred from California Central on 2/10/2023.] |
| Filing 9 ANSWER filed by Defendant Johnson and Johnson Services Inc. (Attachments: #1 Demand for Jury Trial)(Calfo, Alexander) [Transferred from California Central on 2/10/2023.] |
| Filing 8 ANSWER filed by Defendant DePuy Orthopaedics Inc. (Attachments: #1 Demand for Jury Trial)(Calfo, Alexander) [Transferred from California Central on 2/10/2023.] |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Thomas P Schmalzried MD answer now due 5/3/2013, filed by Defendant Thomas P Schmalzried MD.(Norton, Christopher) [Transferred from California Central on 2/10/2023.] |
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Filing 6
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 11-02441 GW(JCx). Case transferred from Judge John A. Kronstadt and Magistrate Judge Suzanne H. Segal to Judge George H. Wu and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 13-02194 GW(JCx). Signed by Judge George H. Wu (rn) [Transferred from California Central on 2/10/2023.]
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| Filing 5 NOTICE of Related Case(s) filed by defendant DePuy Orthopaedics Inc, Johnson and Johnson Services Inc. Related Case(s): 13-02194 (Calfo, Alexander) [Transferred from California Central on 2/10/2023.] |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendant DePuy Orthopaedics Inc, Johnson and Johnson Services Inc, served on March 28, 2013. (Calfo, Alexander) [Transferred from California Central on 2/10/2023.] |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from California Central on 2/10/2023.] |
| Filing 2 CERTIFICATION of Interested Entities or Persons filed by Defendants DePuy Orthopaedics Inc, Johnson and Johnson Services Inc, identifying Corporate Parent DePuy Inc, Other Affiliate Johnson and Johnson International for DePuy Orthopaedics Inc. (et) (mg). [Transferred from California Central on 2/10/2023.] |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA for the County of Los Angeles, case number BC499700 with CONFORMED FILED copy of summons and complaint.Case assigned to Judge John A. Kronstadt, Discovery to Magistrate Judge Suzanne H. Segal. (Filing fee $ 350 PAID. ), filed by Defendants DePuy Orthopaedics Inc, Johnson and Johnson Services Inc.(et) (Additional attachment(s) added on 4/4/2013: #1 Ntc of Asgmt, #2 Civil Cover Sheet) (mg). [Transferred from California Central on 2/10/2023.] |
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