Spaeth v. TJM Medical, Inc. et al
| John Spaeth |
| TJM Medical, Inc., Tom McTighe, Thomas J. McTighe, Medical Device Business Services, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson and DePuy Orthopaedics, Inc. |
| 1:2021cv02160 |
| November 12, 2021 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on February 8, 2022. A more recent docket listing may be available from PACER.
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Filing 22
Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL 2244 DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. Case transferred to the Northern District of Texas and assigned to the Honorable James E. Kinkeade. (P,R)
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Case transferred from Ohio Northern has been opened in Northern District of Texas as case 3:22-cv-00303, filed 02/08/2022. Related document(s) #22 . (M,TL)
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Filing 21
Memorandum Opinion and Order: For the reasons stated in this Order, the Removing Defendants' Motion to Stay (Doc. No. #8 ) is GRANTED. Spaeth's Motion for Expedited Oral Argument (Doc. No. #14 ) is DENIED WITHOUT PREJUDICE. The Court STAYS this case pending further action from the JPML regarding potential transfer of this case to MDL No. 2244. Judge Pamela A. Barker on 12/16/2021. (P,K)
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Filing 20
Reply to response to #14 Motion for Expedited Oral Argument or in the Alternative Expedited Ruling on the Papers Prior to January 30, 2022 filed by John Spaeth. (Abraham, Daniel)
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Filing 19
Reply In Support of Motion to Remand filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Amended Complaint)(Abraham, Daniel)
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by attorney Michele S. Stephan for John Spaeth. 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. (Related Doc #18 ). Judge Pamela A. Barker on 12/8/2021.(P,K)
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Filing 18
Motion for attorney Michele Stephan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11168540, filed by Plaintiff John Spaeth. (Attachments: #1 Affidavit of Michele Stephan)(Abraham, Daniel)
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Filing 17
Response to #14 Motion for oral argument -Expedited Oral Argument filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.)
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Filing 16
Brief in Opposition filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. Related document(s) #12 . (Attachments: #1 Exhibit 1-Thomas J McTighe Declaration 11-11-21, #2 Exhibit 2-Hall v. OrthoMidwest, Inc. Amended Complaint, #3 Exhibit 3-CTO-361 [JPML ECF 2496], #4 Exhibit 4-Uhle Order, #5 Exhibit 5-Regonini Minute Entry, #6 Exhibit 6-CMO 12, ECF No. 1054 [Pinnacle MDL]) (Anderton, A.)
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Filing 15
Reply in support of #8 Motion to stay all proceedings pending transfer to MDL No. 2244 filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Ex. 1 - Conditional Transfer Order No. 361, #2 Exhibit Ex. 2 - Uhle Order, #3 Exhibit Ex. 3 - Regonini Minute Entry)(Anderton, A.)
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Filing 14
Motion for Expedited Oral Argument filed by Plaintiff John Spaeth. Related document(s) #12 . (Abraham, Daniel)
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Filing 13
Opposition to #8 Motion to stay all proceedings pending transfer to MDL No. 2244 filed by All Plaintiffs. (Abraham, Daniel)
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Filing 12
Motion to remand to State Court filed by Plaintiff John Spaeth. (Attachments: #1 Exhibit 1 - Declaration of Christopher Casscells MD, #2 Exhibit 2 - DePuy Certification of Learning Curriculum, #3 Exhibit 3 - Transcript of Oral Argument in Hall v Orthomidwest)(Abraham, Daniel)
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Filing 11
Answer to Complaint with Jury Demand filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.)
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Filing 10
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Solomon Oliver, Jr. on 11/16/2021. (R,Sh)
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Judge Pamela A. Barker assigned to case. Judge Solomon Oliver, Jr terminated. (L,Ja)
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Filing 9
Magistrate Consent Form issued. (L,MI)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI)
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Judge Solomon Oliver, Jr assigned to case. (L,MI)
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Filing 8
Motion to stay All Proceedings Pending Transfer to MDL No. 2244 filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Brief in Support Memorandum of Law in Support of Motion to Stay)(Anderton, A.)
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Filing 7
Corporate Disclosure Statement filed by TJM Medical, Inc.. (Anderton, A.)
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Filing 6
Corporate Disclosure Statement filed by Johnson & Johnson. (Anderton, A.)
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Filing 5
Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Services, Inc. filed by Johnson & Johnson Services, Inc.. (Anderton, A.)
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Filing 4
Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Depuy Synthes Sales, Inc. filed by Depuy Synthes Sales, Inc.. (Anderton, A.)
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Filing 3
Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Medical Device Business Services, Inc. filed by Medical Device Business Services, Inc.. (Anderton, A.)
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Filing 2
Supplement to Notice of Removal,, - Notice of Removal Exhibit 1 - Spaeth Original Complaint, filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. Related document(s) #1 . (Anderton, A.)
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Filing 1
Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 21 944785 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11131849.. Filed by Johnson & Johnson, Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - Amended Complaint, #3 Exhibit Exhibit 3 - Signed Declaration of Tom McTighe, #4 Exhibit Exhibit 4 - Cuyahoga County Common Pleas Court Pleadings) (Anderton, A.)
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