Johnson v. Depuy Synthes Products, Inc. et al
| Janet Johnson |
| Johnson & Johnson, Dupuy Synthes Sales, Inc., Johnson & Johnson International, Inc., Depuy Synthes Products, Inc. and Depuy Synthes, Inc. |
| 1:2021cv00025 |
| February 1, 2021 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 19, 2022. A more recent docket listing may be available from PACER.
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Filing 32
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Memorandum of Decision and Order dated 5/19/2022. Signed by Clerk, Frank G. Johns. (ejb)
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Filing 31
MEMORANDUM OF DECISION AND ORDER that Defts' #23 Motion in Liming to Exclude Testimony of Pltf's Expert, James F. Lane, P.E. is GRANTED, and Defts' #24 Motion for Summary Judgment is GRANTED. FURTHER ORDERED that this case is DISMISSED, and a Judgment consistent with this Memorandum of Decision and Order shall be entered simultaneously herewith. Signed by Chief Judge Martin Reidinger on 5/19/2022. (ejb)
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TEXT-ONLY ORDER: The trial of this matter is hereby continued to the September 6, 2022, trial term. So Ordered. (Jury Trial set for 9/6/2022 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) Entered by Chief Judge Martin Reidinger on 3/7/2022. (khm)
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Filing 30
REPLY to Response to Motion re #24 MOTION for Summary Judgment by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. (Svedberg, Sara)
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Filing 29
REPLY to Response to Motion re #23 MOTION in Limine to Exclude Testimony of Plaintiff's Expert, James F. Lane, P.E. by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. (Attachments: #1 Exhibit 1: Inspection and Testing Protocol, Dated July 19, 2021)(Svedberg, Sara)
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Filing 28
RESPONSE in Opposition re #24 MOTION for Summary Judgment by Janet Johnson. Replies due by 1/13/2022 (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Howell, Andrew)
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Filing 27
RESPONSE in Opposition re #23 MOTION in Limine to Exclude Testimony of Plaintiff's Expert, James F. Lane, P.E. by Janet Johnson. Replies due by 1/13/2022 (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Howell, Andrew)
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TEXT-ONLY ORDER granting #26 Consent MOTION for Extension of Time to File Response/Reply to #23 MOTION in Limine to Exclude Testimony of Plaintiff's Expert, James F. Lane, P.E., #24 MOTION for Summary Judgment Responses due by 1/6/2022 Text of Order: The Plaintiffs' Motion is GRANTED, and the Plaintiffs shall have up to and including January 6, 2022, in which to respond to the Defendants' Motion in Limine and the Defendants' Motion for Summary Judgment. So Ordered. Entered by Chief Judge Martin Reidinger on 12/23/21. (LMR)
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Filing 26
Consent MOTION for Extension of Time to File Response/Reply to Motion to Exclude Expert Witness and Motion for Summary Judgment by Janet Johnson. Responses due by 1/5/2022 (Attachments: #1 Proposed Order) (Howell, Andrew). Motions referred to W. Carleton Metcalf.
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Filing 25
NOTICE of Appearance by Andrew J. Howell on behalf of Janet Johnson (Howell, Andrew)
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Filing 24
MOTION for Summary Judgment by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. Responses due by 12/23/2021 (Attachments: #1 Exhibit 1: Excerpts from Medical Records of Johnson City Medical Center, #2 Exhibit 2: Excerpts from Medical Records of Wake Forest Baptist Medical Center, #3 Exhibit 3: Declaration of Kenny Koay, with exhibits, #4 Exhibit 4: Deposition of Dr. Jason Halvorson, Oct. 7, 2021, #5 Exhibit 5: Deposition of Dr. Holly Pilson, Oct. 14, 2021, #6 Exhibit 6: Excerpts from Medical Records of Appalachian Orthopaedic Associates, P.C., #7 Exhibit 7: DePuy Synthes Nov. 8, 2021 Responses to Written Discovery from Plaintiff, dated Oct. 9, 2021, #8 Memorandum) (Svedberg, Sara)
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Filing 23
MOTION in Limine to Exclude Testimony of Plaintiff's Expert, James F. Lane, P.E. by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. Responses due by 12/23/2021 (Attachments: #1 Exhibit 1: Report of Findings of James F. Lane, P.E., Jul. 23, 2021, with CV, #2 Exhibit 2: Declaration of Eric Guyer, Ph.D., and Expert Report of Eric Guyer, Ph.D., Aug. 20, 2021, with CV, #3 Exhibit 3: Plaintiff's Expert Disclosures, Jul. 23, 2021, #4 Memorandum) (Svedberg, Sara)
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Filing 21
REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Svedberg, Sara)
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Filing 20
ORDER granting in part #19 Joint Motion to Extend Pretrial Order and Case Management Plan, and the following deadlines are EXTENDED: Pltf's Expert Disclosures through and including 7/23/2021; Defts' Expert Disclosures through and including 8/20/2021. All other provisions of the #14 Pretrial Order and Case Management Plan remain in effect. Signed by Magistrate Judge W. Carleton Metcalf on 6/15/2021. (ejb)
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Filing 19
Joint MOTION for Extension of Time of Scheduling Order Deadlines by Depuy Synthes Products, Inc., Depuy Synthes, Inc., Dupuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Inc.. Responses due by 6/28/2021 (Blinn-Spears, Bridget). Motions referred to W. Carleton Metcalf.
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Filing 18
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice, added Thomas C. Jessee for Janet Johnson (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 4/22/2021. (ejb)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice as to Thomas C. Jessee Filing fee $ 288, receipt number 0419-4996732. by Janet Johnson. (McKinney, Gerald). Motions referred to W. Carleton Metcalf.
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Notice to Attorney Thomas C. Jessee: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF). Deadline by 4/29/2021. (ejb)
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Filing 16
STIPULATION of Dismissal of Johnson & Johnson; Johnson & Johnson International, Inc.; DePuy Synthes, Inc.; and any unknown subsidiaries of Johnson & Johnson and of DePuy Synthes, Inc., by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc. (Svedberg, Sara)
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Filing 15
DESIGNATION of Hon. Sharon Tracey Barrett (Ret.) as Mediator by all the parties. (Mitchell, Caitlin)
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Filing 14
Pretrial Order and Case Management Plan: Estimated Trial Time: 8 days. Discovery due by 11/9/2021. Motions due by 12/9/2021. Mediator Designation deadline set for 4/9/2021. Mediation deadline set for 11/19/2021. Jury Trial set for 5/9/2022 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by Magistrate Judge W. Carleton Metcalf on 3/16/2021. (ejb)
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Minute Entry: TELEPHONE CONFERENCE held before Magistrate Judge W. Carleton Metcalf. Plaintiffs attorney: Gerald McKinney. Defendants attorney: Susan McWilliams, Sara Svedberg, and Caitlin Mitchell. An initial pretrial conference was held by telephone March 16, 2021 with Gerald McKinney participating on behalf of Plaintiff Janet Johnson and Susan McWilliams, Sara Svedberg, and Caitlin Mitchell participating on behalf of Defendants Depuy Synthes Products, Inc., Depuy Synthes, Inc., Dupuy Synthes Sales, Inc., Johnson & Johnson International, Inc., and Johnson & Johnson. A pretrial order will issue. (kkb)
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Filing 13
NOTICE of Appearance by Caitlin Anne Mitchell on behalf of Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc. (Mitchell, Caitlin)
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NOTICE of Hearing: Telephone Conference set for 3/16/2021 10:00 AM in Chambers before Magistrate Judge W. Carleton Metcalf. Counsel for the parties shall call into the conference line five minutes prior to the conference. This is your only notice - you will not receive a separate document. Clerk will contact parties with call-in information.(kby)
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Filing 12
Joint CERTIFICATION of initial attorney conference and discovery plan (Svedberg, Sara)
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Filing 11
Corporate Disclosure Statement by Depuy Synthes, Inc. (Svedberg, Sara)
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Filing 10
Corporate Disclosure Statement by Johnson & Johnson (Svedberg, Sara)
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Filing 9
Corporate Disclosure Statement by Johnson & Johnson International, Inc. (Svedberg, Sara) Modified text on 2/12/2021 to reflect correct filer of this document. NEF Regenerated (ejb).
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NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 3/3/2021. (ejb)
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Filing 8
ANSWER to Complaint contained in #1 Notice of Removal, by Depuy Synthes Products, Inc., Depuy Synthes, Inc., Dupuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson International, Inc..(Svedberg, Sara)
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Filing 7
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice, added Sara Svedberg for Depuy Synthes Products, Inc., and Dupuy Synthes Sales, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 2/05/2021. (ejb)
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Filing 6
ORDER granting #4 Motion for Leave to Appear Pro Hac Vice, added Susan P. McWilliams for Depuy Synthes Products, Inc., and Dupuy Synthes Sales, Inc. Signed by Magistrate Judge W. Carleton Metcalf on 2/05/2021. (ejb)
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Filing 5
MOTION for Leave to Appear Pro Hac Vice as to Sara Svedberg Filing fee $ 288, receipt number 0419-4884846. by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. (Attachments: #1 Proposed Order) (Blinn-Spears, Bridget). Motions referred to W. Carleton Metcalf.
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Filing 4
MOTION for Leave to Appear Pro Hac Vice as to Susan P. McWilliams Filing fee $ 288, receipt number 0419-4884753. by Depuy Synthes Products, Inc., Dupuy Synthes Sales, Inc.. (Attachments: #1 Proposed Order) (Blinn-Spears, Bridget). Motions referred to W. Carleton Metcalf.
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Notice to Attorney Sara Svedberg: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF). Deadline by 2/12/2021. (ejb)
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Filing 3
Corporate Disclosure Statement by Dupuy Synthes Sales, Inc. (Blinn-Spears, Bridget)
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Filing 2
Corporate Disclosure Statement by Depuy Synthes Products, Inc. (Blinn-Spears, Bridget)
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Avery County Superior Court, case number 20-cvs-238. (Filing fee $ 402 receipt number 0419-4876067), filed by Dupuy Synthes Sales, Inc., Depuy Synthes Products, Inc.. (Attachments: #1 Exhibit)(Blinn-Spears, Bridget) Modified text on 2/1/2021 (ejb).
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Set Deadlines: Depuy Synthes Products, Inc., and Dupuy Synthes Sales, Inc. answer(s) due 2/8/2021. (ejb)
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Case assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (ejb)
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