Brown v. DePuy Orthopaedics, Inc. et al
| Crystal Brown |
| DePuy Orthopaedics, Inc., Depuy Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc. and Johnson & Johnson International |
| 3:2022cv00699 |
| December 30, 2022 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Frank D Whitney |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 75 RESPONSE in Opposition re #74 MOTION MOTION TO TRANSFER CASE TO THE MIDDLE DISTRICT OF NORTH CAROLINA AND MEMORANDUM IN SUPPORT OF MOTION by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. Replies due by 3/6/2023 (Wells, Dixie) |
| Filing 74 MOTION MOTION TO TRANSFER CASE TO THE MIDDLE DISTRICT OF NORTH CAROLINA AND MEMORANDUM IN SUPPORT OF MOTION by Crystal Brown. Responses due by 2/27/2023 (Attachments: #1 Proposed Order) (Ward, Navan). Motions referred to David S. Cayer. |
| Filing 73 Notice of Substitution of Counsel by Navan Ward, Jr on behalf of Crystal Brown, Attorney Melissa A Prickett terminated. (Ward, Navan) |
| Filing 72 MEMORANDUM in Opposition re #44 MOTION in Limine (Omnibus) by Crystal Brown. Replies due by 2/3/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ward, Navan) |
Filing 71
ORDER granting #70 Motion for Leave to Appear Pro Hac Vice added Jessica L. Brennan for DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, and Johnson & Johnson Services, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 1/24/2023. (nvc)
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| Notice to Jessica Brennan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/31/2023. (nvc) |
| Filing 70 MOTION for Leave to Appear Pro Hac Vice as to Jessica L. Brennan Filing fee $ 288, receipt number ANCWDC-5911029. by DePuy International Limited, DePuy Orthopaedics, Inc., Depuy Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Wells, Dixie). Motions referred to David S. Cayer. |
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Filing 69
ORDER granting #64 , #65 , #66 , #67 , and #68 Motions for Leave to Appear Pro Hac Vice added Aigner Kolom, David Bryne, Navan Ward, Jr., Tiffany Birley and James Lampkin (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 1/18/2023. (mek)
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| Filing 68 MOTION for Leave to Appear Pro Hac Vice as to James Lampkin Filing fee $ 288, receipt number ANCWDC-5904567. by Crystal Brown. (Davis, Gary). Motions referred to David S. Cayer. |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice as to Tiffany Birley Filing fee $ 288, receipt number ANCWDC-5904564. by Crystal Brown. (Davis, Gary). Motions referred to David S. Cayer. |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice as to Navan Ward, Jr. Filing fee $ 288, receipt number ANCWDC-5904556. by Crystal Brown. (Davis, Gary). Motions referred to David S. Cayer. |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice as to David Bryne Filing fee $ 288, receipt number ANCWDC-5904551. by Crystal Brown. (Davis, Gary). Motions referred to David S. Cayer. |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice as to Aigner Kolom Filing fee $ 288, receipt number ANCWDC-5904544. by Crystal Brown. (Davis, Gary). Motions referred to David S. Cayer. |
| Notice to Aigner Kolom: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/25/2023. (mek) |
| Notice to Navan Ward, Jr: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/25/2023. (mek) |
| Notice to Tiffany Birley: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/25/2023. (mek) |
| Filing 63 Notice of Substitution of Counsel by Dixie Thomas Wells on behalf of Johnson & Johnson Services, Inc., DePuy International Limited, Depuy Inc., Johnson & Johnson International, DePuy Orthopaedics, Inc., Johnson & Johnson, Attorney Jessica D Miller; Michael V Powell; Seth Michael Roberts; John H. Beisner and Terri Bruksch terminated. (Wells, Dixie) |
| SECOND Notice to Melissa A Prickett, Navan Ward, Jr, Jessica D Miller, John H Beisner, Michael V Powell, Seth Michael Roberts, Terri Bruksch: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 1/18/2023. (rth) |
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TEXT-ONLY ORDER: All pending motions that were filed in the Northern District of Texas #36 , #37 , #38 , #39 , #40 , #43 , #44 , and #46 are administratively denied without prejudice to the parties' right to re-file them in accordance with the Court's Local Rules and Standing Orders. Entered by Magistrate Judge David S. Cayer on 1/4/2023. (mek)
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| Filing 62 Case transferred in from District of Texas Northern; Case Number 3:11-cv-02574. Original electronic file and docket sheet received. |
| Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (rth) |
| Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to David S. Cayer: #46 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE, #36 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS, #44 MOTION in Limine (Omnibus), #37 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012), #39 MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION, #38 (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), #40 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT, #43 MOTION for Summary Judgment This is your only notice - you will not receive a separate document.(rth) |
| Notice to Melissa A Prickett, Navan Ward, Jr, Jessica D Miller, John H Beisner, Michael V Powell, Seth Michael Roberts, Terri Bruksch: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 1/10/2023. (rth) |
| Filing 61 (Document Restricted) Sealed Response and Objection re: #43 Motion for 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 1/3/2023.] |
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Filing 60
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 1/3/2023.]
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Filing 59
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 1/3/2023.]
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| Filing 58 (Document Restricted) Sealed Response and Objection re: #39 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 1/3/2023.] |
| Filing 57 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 35, 51] and conducting a telephonic hearing on December 29, 2022 [Dkt. 55], 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 Western District of North Carolina pursuant to the recommendation in the parties' joint status report [Dkt. 48]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 36, 37, 38, 39, 40]; Motion for Summary Judgment [Dkt. 43]; and Motions in Limine [Dkts. 44, 46]. 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 1/3/2023.] |
| Filing 56 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #40 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 55 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 1/3/2023.] |
| Filing 54 RESPONSE filed by Crystal Brown re: #36 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 53 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 1/3/2023.] |
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Filing 52
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 28]. 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 1/3/2023.]
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| Filing 51 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 1/3/2023.] |
| Filing 50 RESPONSE filed by Crystal Brown re: #38 (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 1/3/2023.] |
| Filing 49 RESPONSE filed by Crystal Brown re: #37 (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 1/3/2023.] |
| Filing 48 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 1/3/2023.] |
| Filing 47 MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #46 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Crystal Brown (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 46 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Crystal Brown with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 45 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 1/3/2023.] |
| Filing 44 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 1/3/2023.] |
| Filing 43 MOTION for Summary Judgment filed by Crystal Brown 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 1/3/2023.] |
| Filing 42 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 1/3/2023.] |
| Filing 41 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 1/3/2023.] |
| Filing 40 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Crystal Brown with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 39 MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Crystal Brown with Brief/Memorandum in Support. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 38 (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 1/3/2023.] |
| Filing 37 (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 1/3/2023.] |
| Filing 36 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 1/3/2023.] |
| Filing 35 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 1/3/2023.] |
| Filing 34 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 33], and the Court's Scheduling Order of September 16, 2022 [Dkt. 25], 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. 28] 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 1/3/2023.] |
| Filing 33 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 1/3/2023.] |
| Filing 32 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 1/3/2023.] |
| Filing 31 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 1/3/2023.] |
| Filing 30 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 1/3/2023.] |
| Filing 29 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #28 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 28 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Crystal Brown (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) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 27 ANSWER to #1 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 and Instructions 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 1/3/2023.] |
| Filing 26 ANSWER to #1 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 and Instructions 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 1/3/2023.] |
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Filing 25
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 1/3/2023.]
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Filing 24
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 1/3/2023.]
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| Filing 23 Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Crystal Brown (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 22 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 1/3/2023.] |
| Filing 21 Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Crystal Brown (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 20 Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Crystal Brown (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 19 Amended STATUS REPORT AMENDED JOINT STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO APRIL 11, 2022 filed by Crystal Brown. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 18 Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Crystal Brown. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 17
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 1/3/2023.]
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| Filing 16 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/12/2021. 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). (twd) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 15 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 12, 2021, at 9:20 a.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.) (twd) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 14 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 1/3/2023.] |
| Filing 13 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 1/3/2023.] |
| Filing 12 NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy and Johnson Defendants. (jeh) [Transferred from Texas Northern on 1/3/2023.] |
| 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 1/3/2023.] |
| 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 1/3/2023.] |
| 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 1/3/2023.] |
| NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). 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 9:25 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 1/3/2023.] |
| NOTICE FROM THE SPECIAL MASTER: On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 11
ORDER SETTING CONFERENCE: A Conference on Scheduling is hereby set for Wednesday, April 25, 2012 at 9:30 a.m. at 1100 Commerce Street, Room 1625, Dallas, Texas 75242. In preparation for this Conference on Scheduling, the parties are DIRECTED to confer with the Special Master within 7 days of this order. (Ordered by Judge Ed Kinkeade on 4/5/2012) (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 10
ORDER ON STIPULATED MOTION TO CONTINUE DEADLINES: Through respective lead counsel, the parties have agreed to extend all existing deadlines for pleadings and motions (including but not limited to answers and jurisdictional briefing) in all cases in this MDL proceeding to allow counsel an opportunity to address those issues in a proposed case management order that they are preparing for submission to the Court in the short term. IT IS HEREBY ORDERED, that the foregoing motion is GRANTED. The deadlines in all cases in this MDL proceeding are hereby CONTINUED pending the entry of a case management order. (Ordered by Judge Ed Kinkeade on 2/7/2012) (jrb) [Transferred from Texas Northern on 1/3/2023.]
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Filing 9
ORDER LIFTING STAY: The Court orders that the stay is hereby LIFTED and discovery and motion practice shall proceed in any case filed as a part of 3:11-MD-2244-K, and any tag-along actions over which this Court acquires jurisdiction. (Ordered by Judge Ed Kinkeade on 1/10/2012) (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 8
ORDER APPOINTING SPECIAL MASTER: The Court now appoints James M. Stanton of Andrews Kurth, LLP as Special Master pursuant to Fed R. Civ. P. 53. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 1/3/2023.]
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Filing 7
CASE MANAGEMENT ORDER #3: The Court hereby designates counsel to act on behalf of the Plaintiffs in the DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. It is anticipated that further appointments to the existing subcommittees, or the addition of further subcommittees, will be approved, as necessary, as the litigation progresses. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 6 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Roberts, Seth) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 5 NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Powell, Michael) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 4 Summons Issued as to DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (axm) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 3 NOTICE OF RELATED FILING filed by Crystal Brown (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Crystal Brown. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| 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 Crystal Brown. Clerk to issue summons(es). 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 0539-4151190) 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, #2 Summons) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Case Reassigned to Judge Ed Kinkeade pursuant to SO 3-250. Related to Case 3:11-MD-2244-K. Judge Royal Furgeson no longer assigned to the case. (chmb) [Transferred from Texas Northern on 1/3/2023.] |
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