Johnson et al v. Smith & Nephew, Inc.
Plaintiff: Matthew A. Johnson and Rhonda Johnson
Defendant: Smith & Nephew, Inc.
Case Number: 3:2022cv00054
Filed: February 9, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
2 Judge: Susan C Rodriguez
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2023 Case reassigned to Magistrate Judge Susan C. Rodriguez. Magistrate Judge David S. Cayer no longer assigned to the case. This is your only notice - you will not receive a separate document.(thh)
February 21, 2023 Filing 22 Joint MOTION for Extension of Time of Scheduling Order Deadlines by Smith & Nephew, Inc.. Responses due by 3/7/2023 (Attachments: #1 Proposed Order) (Osowski, Paul). Motions referred to David S. Cayer.
February 21, 2023 Opinion or Order TEXT-ONLY ORDER granting #22 Joint MOTION for Extension of Time of Scheduling Order Deadlines. Plaintiffs' expert reports due by 8/28/2023. Defendant's expert reports due by 9/29/2023. Discovery due by 12/29/2023. Motions due by 1/31/2024. Jury Trial set for 5/6/2024 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/21/2023. (DLG)
January 13, 2023 Opinion or Order Filing 21 STIPULATED ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIAL/PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 1/13/2023. (mek)
January 12, 2023 Filing 20 Joint MOTION for Protective Order by Smith & Nephew, Inc.. Responses due by 1/26/2023 (Attachments: #1 Exhibit Stipulated Order Regarding Confidentiality of Discovery Material) (Osowski, Paul). Motions referred to David S. Cayer.
December 22, 2022 Opinion or Order TEXT-ONLY ORDER granting #19 Consent MOTION for Extension of Time to Respond to Discovery Requests. Discovery responses due by 1/30/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/22/2022. (DLG)
December 21, 2022 Filing 19 Consent MOTION for Extension of Time to Respond to Discovery Requests by Matthew A. Johnson, Rhonda Johnson. Responses due by 1/4/2023 (Hausler, Kurt). Motions referred to David S. Cayer.
September 12, 2022 Opinion or Order Filing 18 Pretrial Order and Case Management Plan: Estimated Trial Time: Seven (7) Days. Discovery due by 6/30/2023. Mediation TBD. Motions due by 7/28/2023. Jury Trial set for 11/6/2023 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Signed by District Judge Robert J. Conrad, Jr on 9/12/2022. (brl)
September 9, 2022 Filing 17 CERTIFICATION of initial attorney conference and discovery plan (Hausler, Kurt)
August 26, 2022 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 9/16/2022. (brl)
August 25, 2022 Filing 16 Defendant's Answer, Affirmative Defenses to Plaintiffs' Amended Complaint ANSWER to #7 Amended Complaint by Smith & Nephew, Inc..(Osowski, Paul)
August 11, 2022 Opinion or Order Filing 15 ORDER adopting the Magistrate Judge's #12 Memorandum and Recommendations. Defendant's #9 Motion to Dismiss Plaintiff's Breach of Implied Warranty Claim is GRANTED. Signed by District Judge Robert J. Conrad, Jr on 8/10/2022. (brl)
July 20, 2022 Filing 14 Reply to Objection to Memorandum and Recommendation re #13 Objection to Memorandum and Recommendations by Smith & Nephew, Inc.. (Osowski, Paul) Modified text on 7/26/2022 (brl).
July 6, 2022 Filing 13 OBJECTION to #12 Memorandum and Recommendations by Matthew A. Johnson, Rhonda Johnson. Replies due by 7/20/2022 (Hausler, Kurt)
June 22, 2022 Filing 12 MEMORANDUM AND RECOMMENDATION on #9 MOTION to Dismiss and Incorporated Memorandum of Law filed by Smith & Nephew, Inc. Objections to M&R due by 7/6/2022. Signed by Magistrate Judge David S. Cayer on 6/22/2022. (mek)
April 7, 2022 Filing 11 REPLY to Response to Motion re #9 MOTION to Dismiss and incorporated Memorandum of Law by Smith & Nephew, Inc.. (Osowski, Paul)
March 31, 2022 Filing 10 RESPONSE in Opposition re #9 MOTION to Dismiss and incorporated Memorandum of Law by Matthew A. Johnson, Rhonda Johnson. Replies due by 4/7/2022 (Hausler, Kurt)
March 17, 2022 Filing 9 MOTION to Dismiss and incorporated Memorandum of Law by Smith & Nephew, Inc.. Responses due by 3/31/2022 (Osowski, Paul). Motions referred to David S. Cayer.
March 3, 2022 Opinion or Order Filing 8 ORDER administratively denying #6 Motion to Dismiss as moot without prejudice. Signed by Magistrate Judge David S. Cayer on 3/3/2022. (mek)
February 28, 2022 Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Rhonda Johnson, Matthew A. Johnson.(Hausler, Kurt)
February 16, 2022 Filing 6 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law in Support by Smith & Nephew, Inc.. Responses due by 3/2/2022 (Osowski, Paul). Motions referred to David S. Cayer.
February 16, 2022 Filing 5 NOTICE of Appearance by Scott Douglas Maclatchie, Jr on behalf of Smith & Nephew, Inc. (Maclatchie, Scott)
February 11, 2022 Opinion or Order Filing 4 ORDER granting #3 Motion for Leave to Appear Pro Hac Vice added Terri Steinhaus Reiskin for Smith & Nephew, Inc. Signed by Magistrate Judge David S. Cayer on 2/11/2022. (mek)
February 11, 2022 Filing 3 MOTION for Leave to Appear Pro Hac Vice as to Terri S. Reiskin Filing fee $ 288, receipt number ANCWDC-5435275. by Smith & Nephew, Inc.. (Osowski, Paul). Motions referred to David S. Cayer.
February 9, 2022 Filing 2 Corporate Disclosure Statement by Smith & Nephew, Inc. (Osowski, Paul)
February 9, 2022 Filing 1 NOTICE OF REMOVAL with Jury Demand from Mecklenburg County Superior Court, case number 20CVS10926. (Filing fee $ 402 receipt number ANCWDC-5431529), filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit Ex. 1 - State Complaint & Summons, #2 Exhibit Ex. 2 - Affidavit of Service)(Osowski, Paul)
February 9, 2022 Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(js)

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Plaintiff: Matthew A. Johnson
Represented By: Kurt F. Hausler
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Plaintiff: Rhonda Johnson
Represented By: Kurt F. Hausler
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Defendant: Smith & Nephew, Inc.
Represented By: Paul Joseph Osowski
Represented By: Scott Douglas Maclatchie, Jr.
Represented By: Terri Steinhaus Reiskin
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