Makoski, et al v. Zimmer Holdings, Inc., et al
Plaintiff: Frank Makoski and Susan Maksoki
Defendant: Zimmer, Inc., RAY HINCH, Zimmer Holdings, Inc., Zimmer US, Inc., S.L. KLABUNDE CORPORATION, SCOTT KLABUNDE, Zimmer Biomet US, John Doe and/or John Doe, Inc., Zimmer Biomet Holdings, Inc., Zimmer Ohio and Scott L. Klabunde
Case Number: 1:2021cv00406
Filed: February 19, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: J Philip Calabrese
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2021 Filing 22 Stipulated Protective Order. Judge J. Philip Calabrese on 4/9/2021. (Attachments: #1 Acknowledgement and Agreement to be Bound) (Y,A)
April 9, 2021 Filing 21 Stipulated Order: Regarding Protocol for Electronically Stored Information (E-Discovery) re (ECF No. #19 .) Judge J. Philip Calabrese on 4/9/2021. (Y,A)
April 8, 2021 Filing 20 Reply to response to #15 Motion for attorney fees, #8 Motion to dismiss party and Motion for remand filed by All Plaintiffs. (Gould, Justin)
April 8, 2021 Filing 19 Joint Motion for protective order filed by Plaintiff Frank Makoski. (Attachments: #1 Proposed Order Protective Order, #2 Proposed Order Protocol for ESI, #3 Appendix Highlighted changes to form, #4 Appendix Highlighted changes to form)(Gould, Justin)
March 31, 2021 Filing 18 Reply in support of #8 Motion to dismiss party filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde. (Edwards, Ryan)
March 31, 2021 Filing 17 Response to #15 Motion for attorney fees and Motion for Remand filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde, Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Edwards, Ryan)
March 25, 2021 Filing 16 Case Management Conference Plan/Order: The Court sets the following schedule in this matter: initial disclosures: April 30, 2021; cut-off date to amend pleadings: April 15, 2021; cut-off date to add additional parties: April 15, 2021; motions directed at the pleadings deadline: April 26, 2021; fact discovery cut-off: September 15, 2021; dispositive motion deadline: February 28, 2022; expert discovery cut-off: January 15, 2022; initial expert reports due: October 30, 2021. The Court sets a status conference for April 4, 2022 at 2:00 PM in Chambers 16-B. SO ORDERED. Judge J. Philip Calabrese on 3/25/2021. (Y,A)
March 25, 2021 Minute Order [non-document]: Case Management Conference held by telephone on March 12, 2021. Richard Demsey appeared for Plaintiffs. Clark Berlanger, James Frederick, and Ryan Edwards appeared for Defendants. The parties discussed the status of the case, including the pending motion to dismiss and motion for remand. The case was not referred to Alternative Dispute Resolution at this time. The parties do not consent to the jurisdiction of the Magistrate Judge. The parties agreed to follow the default standard for discovery of electronically stored information found in Appendix K to the Local Rules. The parties shall submit a proposed protective order no later than April 8, 2021. The parties agree that the Court should enter an order pursuant to Rule 502(d) of the Federal Rules of Evidence, which the Court will do by separate entry. Judge J. Philip Calabrese on 3/25/2021. Time: 12 minutes (Y,A)
March 25, 2021 Opinion or Order Order [non-document]: Pursuant to Rule 502(d) of the Federal Rules of Evidence, an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege in this or any other federal or state proceeding. Judge J. Philip Calabrese on 3/25/2021. (Y,A)
March 19, 2021 Filing 15 Opposition to #8 Motion to dismiss party and Motion for remand and Motion for attorneys fees filed by All Plaintiffs. (Gould, Justin) Modified on 3/19/2021, document was a two part motion and opposition (L,Ja).
March 18, 2021 Filing 14 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde, Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Edwards, Ryan)
March 15, 2021 Opinion or Order Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney James A. Frederick for Ray Hinch,James A. Frederick for S.L. Klabunde Corporation,James A. Frederick for Scott L. Klabunde,James A. Frederick for Zimmer Holdings, Inc.,James A. Frederick for Zimmer Ohio,James A. Frederick for Zimmer US, Inc.,James A. Frederick for Zimmer, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF #11 ). Judge J. Philip Calabrese on 3/15/2021. (Y,A)
March 15, 2021 Opinion or Order Order [non-document] granting Defendants' Motion for appearance pro hac vice by attorney Clark A. Belanger for Ray Hinch,Clark A. Belanger for S.L. Klabunde Corporation,Clark A. Belanger for Scott L. Klabunde,Clark A. Belanger for Zimmer Holdings, Inc.,Clark A. Belanger for Zimmer Ohio,Clark A. Belanger for Zimmer US, Inc.,Clark A. Belanger for Zimmer, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF #12 ). Judge J. Philip Calabrese on 3/15/2021. (Y,A)
March 15, 2021 Minutes of proceedings [non-document] before Judge J. Philip Calabrese. Telephone Status Conference held on March 12, 2021. Richard Demsey appeared for Plaintiffs. Ryan Edwards appeared for Defendants. James Frederick and Clark Belanger, whose motions to appear pro hac vice are still pending, attended as well. The parties provided an update as to the status of the proceedings, including the parties' respective positions related to Plaintiffs' motion for an extension to conduct discovery to oppose Defendants' motion to dismiss. The Court denies Plaintiffs' motion for extension without prejudice. Plaintiffs advised that they may move to remand the case to State court. For now, briefing will proceed on the deadlines established by statute for remand and rule on the pending motion to dismiss. Pursuant to the parties' joint request, the Case Management Conference shall proceed via telephone on March 25, 2021 at 2:00 pm. The Court will provide the parties with dial-in information in advance of the Case Management Conference. Time: 20 minutes. (Y,A)
March 10, 2021 Filing 13 First Motion for extension of time until July 8, 2021 to file response/reply to #8 Motion to dismiss party filed by Plaintiff Frank Makoski. Related document(s) #8 . (Demsey, Richard)
March 4, 2021 Filing 12 Motion for attorney Clark A. Belanger to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10698378, filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde, Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice of Clark A. Belanger, #2 Certificate of Good Standing)(Edwards, Ryan)
March 4, 2021 Filing 11 Motion for attorney James A. Frederick to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10698358, filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde, Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice of James A. Frederick, #2 Certificate of Good Standing - Maryland, #3 Certificate of Good Standing - D.C.)(Edwards, Ryan)
February 26, 2021 Filing 10 Case Management Conference Scheduling Order with case management conference to be held on 3/25/2021 at 2:00 PM in Chambers 16B before Judge J. Philip Calabrese. SO ORDERED. Judge J. Philip Calabrese on 2/26/2021. (Attachments: #1 Rule 26 Report of Parties) (Y,A)
February 26, 2021 Filing 9 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde. (Edwards, Ryan)
February 26, 2021 Filing 8 Motion to dismiss party filed by Ray Hinch, S.L. Klabunde Corporation, Scott L. Klabunde. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit Exhibit 1- Complaint, #3 Exhibit Exhibit 2- Declaration of S.L. Klabunde Corporation, #4 Exhibit Exhibit 3- Declaration of Ray Hinch, #5 Exhibit Exhibit 4- Declaration of Scott Klabunde)(Edwards, Ryan)
February 26, 2021 Filing 7 Corporate Disclosure Statement filed by S.L. Klabunde Corporation. (Edwards, Ryan)
February 26, 2021 Filing 6 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Zimmer Holdings, Inc., Zimmer US, Inc., Zimmer, Inc.. (Edwards, Ryan)
February 26, 2021 Notice by Clerk that S.L. Klabunde Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,Ja)
February 22, 2021 Filing 5 Magistrate Consent Form issued. (M,MT)
February 19, 2021 Judge J. Philip Calabrese assigned to case. (M,MT)
February 19, 2021 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (M,MT)
February 19, 2021 Filing 4 Corporate Disclosure Statement filed by Zimmer Holdings, Inc.. (Edwards, Ryan)
February 19, 2021 Filing 3 Corporate Disclosure Statement identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer US, Inc. filed by Zimmer US, Inc.. (Edwards, Ryan)
February 19, 2021 Filing 2 Corporate Disclosure Statement identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer, Inc. filed by Zimmer, Inc.. (Edwards, Ryan)
February 19, 2021 Filing 1 Notice of Removal from Cuyahoga County Common Pleas Court, case number CV 21 943002 with jury demand, Filing fee paid $402.00, receipt number AOHNDC-10660356.. Filed by Zimmer Holdings, Inc., et al. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1- Complaint, #3 Exhibit 2- Indiana Secretary of State Entity Information - Zimmer US, Inc., #4 Exhibit 3- Declaration of S.L. Klabunde Corporation, #5 Exhibit 4- Declaration of Scott Klabunde, #6 Exhibit 5- Declaration of Ray Harris, #7 Notice of Filing of Removal - State Court) (Edwards, Ryan)

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Defendant: Zimmer, Inc.
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: RAY HINCH
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: Zimmer Holdings, Inc.
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: Zimmer US, Inc.
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: S.L. KLABUNDE CORPORATION
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: SCOTT KLABUNDE
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Defendant: Zimmer Biomet US
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: John Doe and/or John Doe, Inc.
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
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Defendant: Zimmer Biomet Holdings, Inc.
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: Zimmer Ohio
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Defendant: Scott L. Klabunde
Represented By: Ryan C. Edwards
Represented By: Charles A. Bowers
Represented By: Clark A. Belanger
Represented By: James A. Frederick
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Plaintiff: Frank Makoski
Represented By: Richard L. Demsey
Represented By: Justin D. Gould
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Plaintiff: Susan Maksoki
Represented By: Richard L. Demsey
Represented By: Justin D. Gould
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