Kowalczyk et al v. Smith & Nephew, Inc.
Plaintiff: John Kowalczyk and Tina Kowalczyk
Defendant: Smith & Nephew, Inc.
Case Number: 1:2024cv01934
Filed: November 5, 2024
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2024 Filing 165 Magistrate Consent Form issued. (R,AP)
November 5, 2024 Filing 164 CASE TRANSFERRED IN from District of Maryland. Case number 1:21-cv-01463. Electronic file, transfer order and docket sheet received.
November 5, 2024 Judge Pamela A. Barker assigned to case. (R,AP)
November 5, 2024 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes, Jr. (R,AP)
November 5, 2024 Notice by Clerk: Pursuant to Local Rule 3.13(b), Smith & Nephew, Inc. are reminded of their requirement to file a Corporate Disclosure Statement. (R,AP)
November 5, 2024 Copy of #165 Magistrate Consent Form Issued and Docket Sheet mailed to Kim E. Moore, Irwin Fritchie Urquhart Moore & Daniels, LLC, 400 Poydras Street, Suite 2700, New Orleans, LA 70130 on 11/5/2024. Related document(s) #165 . (R,AP)
November 5, 2024 Opinion or Order Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for guidance or clarification regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the status of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 11/5/2024. (P,K)
October 31, 2024 Opinion or Order Filing 163 ORDER OF TRANSFER. Signed by Judge Catherine C. Blake on 10/31/2024. (Attachments: #1 Attachment 1, #2 Attachment 2)Associated Cases: 1:17-cv-02536-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 4, 2024 Filing 162 NOTICE of Appearance by Kim E. Moore on behalf of Smith & Nephew, Inc. (Moore, Kim) [Transferred from mdd on 11/5/2024.]
August 23, 2024 Filing 161 STIPULATION Regarding Designation of the Record for Remanded BHR Track Cases by Smith & Nephew Inc. (Attachments: #1 Exhibit A-Designation of Record-BHR Track)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
August 14, 2024 Filing 160 NOTICE of Appearance by Terri Steinhaus Reiskin on behalf of Smith & Nephew Inc. Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
May 8, 2024 Opinion or Order Filing 159 MARGINAL ORDER Approving #158 Motion to Withdraw . Signed by Judge Catherine C. Blake on 5/8/2024. (kb3s, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
April 26, 2024 Filing 158 MOTION to Withdraw by John Kowalczyk, Tina Kowalczyk(Zimmerman, Genevieve) [Transferred from mdd on 11/5/2024.]
June 15, 2023 Filing 157 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4444 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 15, 2023 Filing 156 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
May 10, 2023 Filing 155 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4434 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
May 10, 2023 Filing 154 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 21, 2023 Filing 153 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 12, 2023 Filing 152 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4411 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 12, 2023 Filing 151 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 15, 2023 Filing 150 Joint MOTION for Other Relief of Parties to Jones Ward Aggregate Settlement Agreement for Authorization of Qualified Settlement Fund and Appointment and Authorization of Fund Administrator by Smith & Nephew Inc. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
March 6, 2023 Filing 149 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4288 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 6, 2023 Filing 148 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 3, 2023 Filing 147 -SEALED - NOTICE of Filing Under Seal Exhibit 2 to Plaintiffs' Leadership's Motion For Award And Allocation Of Common Benefit Fees by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4285 in 1:17-md-02775-CCB) MOTION for Other Relief Plaintiffs' Leadership's Motion For Award And Allocation Of Common Benefit Fees Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 3, 2023 Filing 146 MOTION for Other Relief Plaintiffs' Leadership's Motion For Award And Allocation Of Common Benefit Fees by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
February 8, 2023 Filing 145 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4220 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
February 8, 2023 Filing 144 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
January 19, 2023 Filing 143 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
January 9, 2023 Filing 142 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
January 9, 2023 Filing 141 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
January 6, 2023 Filing 140 Joint MOTION for Other Relief of Parties to Remainder Cases Aggregate Settlement Agreement for Authorization of Qualified Settlement Fund and Appointment and Authorization of Fund Administrator by Smith & Nephew Inc. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
December 13, 2022 Filing 139 -SEALED- MOTION for Other Relief Plaintiffs' Motion for Reimbursement of Held Costs by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 9, 2022 Filing 138 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (4080 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 9, 2022 Filing 137 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
November 4, 2022 Filing 136 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
November 4, 2022 Filing 135 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 25, 2022 Filing 134 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 19, 2022 Filing 133 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 19, 2022 Filing 132 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 11, 2022 Filing 131 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Spira, Daniel) [Transferred from mdd on 11/5/2024.]
September 29, 2022 Opinion or Order Filing 130 ORDER confirming the results of the conference call held on Tuesday, September 27, 2022. Signed by Judge Catherine C. Blake on 9/29/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 1, 2022 Filing 129 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Spira, Daniel) [Transferred from mdd on 11/5/2024.]
August 9, 2022 Filing 128 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (3910 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
August 9, 2022 Filing 127 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 29, 2022 Opinion or Order Filing 126 ORDER Appointing Special Mediator for Remainder Case Settlement Discussions. Signed by Judge Catherine C. Blake on 7/29/2022. Associated Cases: 1:17-md-02775-CCB et al.(kk5s, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
July 28, 2022 Filing 125 Joint MOTION for Other Relief Entry of Order Appointing Special Mediator for Remainder Case Settlement Discussions by Smith & Nephew Inc. (Attachments: #1 Exhibit Perry Affidavit, #2 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
July 21, 2022 Opinion or Order Filing 124 ORDER confirming the results of today's conference call. Signed by Judge Catherine C. Blake on 7/21/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
July 18, 2022 Filing 123 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Spira, Daniel) [Transferred from mdd on 11/5/2024.]
July 12, 2022 Filing 122 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 5, 2022 Filing 121 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 5, 2022 Filing 120 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 1, 2022 Opinion or Order Filing 119 ORDER appointing Elizabeth Graham, Katie Kerner, Todd Mathews, Mike McGartland, and Gabriel Assaad to the Settlement Committee. Signed by Judge Catherine C. Blake on 7/1/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
June 29, 2022 Opinion or Order Filing 118 CASE MANAGEMENT ORDER NO. 23. Process for Potential Resolution of Remainder Cases. Signed by Judge Catherine C. Blake on 6/29/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
June 22, 2022 Opinion or Order Filing 117 ORDER granting (3656) Plaintiff Leadership's Third Motion for Partial Reimbursement of Their Capital Assessment Contributions in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 6/22/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
June 21, 2022 Filing 116 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Spira, Daniel) [Transferred from mdd on 11/5/2024.]
June 10, 2022 Opinion or Order Filing 115 ORDER granting (3653) Motion to Withdraw as Attorney. Attorney Jana Wozniak terminated in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 6/10/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
June 8, 2022 Filing 114 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Spira, Daniel) [Transferred from mdd on 11/5/2024.]
June 7, 2022 Filing 113 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Plaintiffs' Third Motion for Reimbursement of Their Capital Assessment Contributions by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 7, 2022 Filing 112 Third MOTION for Other Relief For Reimbursement of Their Capital Assessment Contributions by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 6, 2022 Filing 111 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 6, 2022 Filing 110 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 2, 2022 Filing 109 MOTION to Withdraw as Attorney - Jana D. Wozniak by Smith & Nephew, Inc. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
May 23, 2022 Filing 108 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
May 9, 2022 Filing 107 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
May 4, 2022 Filing 106 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (3632 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
May 4, 2022 Filing 105 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 27, 2022 Filing 104 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 20, 2022 Opinion or Order Filing 103 CASE MANAGEMENT ORDER NO. 23 - Pretrial Scheduling Order for Fall THA Track Trial. Signed by Judge Catherine C. Blake on 4/20/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
April 18, 2022 Filing 102 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
April 11, 2022 Filing 101 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (3604 in 1:17-md-02775-CCB) Notice (Other) Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 11, 2022 Filing 100 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
April 4, 2022 Filing 99 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
March 28, 2022 Opinion or Order Filing 98 ORDER granting (3525) Plaintiffs' Leadership's Motion to Allocate Common Benefit Funds to the "BHR Litigation Account" in 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 3/24/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
March 16, 2022 Filing 97 -SEALED - NOTICE of Filing Under Seal Exhibit 2 to Plaintiffs' Motion To Allocate Common Benefit Funds to the Litigation Account by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 16, 2022 Filing 96 MOTION for Other Relief Plaintiffs' Motion to Allocate Common Benefit Funds to the BHR Litigation Account by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
March 15, 2022 Filing 95 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
March 10, 2022 Opinion or Order Filing 94 ORDER confirming the results of the various calendaring issues discussed during the conference call. Signed by Judge Catherine C. Blake on 3/10/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
March 4, 2022 Filing 93 REPLY to Response to Motion re (3304 in 1:17-md-02775-CCB) MOTION for Summary Judgment As to All Claims of Plaintiffs with Implant Dates Prior to October 2009 filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
March 1, 2022 Filing 92 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
February 28, 2022 Opinion or Order Filing 91 ORDER granting in part and denying in part (2762) Smith & Nephew's Motion for Summary Judgment for all male plaintiffs implanted with BHR devices with large femoral head sizes in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 2/28/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
February 28, 2022 Filing 90 MEMORANDUM. Signed by Judge Catherine C. Blake on 2/28/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
February 15, 2022 Filing 89 -SEALED-RESPONSE in Opposition re (3304 in 1:17-md-02775-CCB) MOTION for Summary Judgment As to All Claims of Plaintiffs with Implant Dates Prior to October 2009 Plaintiffs' Memorandum in Response to Smith & Nephew's Motion for Summary Judgement as to All Claims of Plaintiffs With Implant Dates Prior to October 2009 filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
February 14, 2022 Filing 88 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
February 10, 2022 Opinion or Order Filing 87 ORDER confirming the dates set during the conference call. Signed by Judge Catherine C. Blake on 2/10/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
February 1, 2022 Filing 86 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
January 25, 2022 Filing 85 Memorandum re (561 in 1:17-cv-01077-CCB) MOTION for Other Relief Plaintiffs' Revised Motion to Activate Case-Specific Discovery For Remand And Trial Plaintiffs' Supplemental Memorandum in Support of Plaintiffs' Motion to Activate Case-Specific Discovery For Remand and Trial filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
January 18, 2022 Filing 84 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
January 6, 2022 Opinion or Order Filing 83 ORDER confirming the results of yesterday's conference call. Signed by Judge Catherine C. Blake on 1/6/2022. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
January 3, 2022 Filing 82 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
December 30, 2021 Filing 81 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Plaintiffs' Proposed Bellwether Trial and Case-Specific Discovery Action Plan (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 30, 2021 Filing 80 REPLY to Response to Motion re (2762 in 1:17-md-02775-CCB) MOTION for Summary Judgment regarding All Male Plaintiffs Implanted with BHR Devices with Large Femoral Head Sizes filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
December 22, 2021 Opinion or Order Filing 79 ORDER directing that Smith & Nephew, Inc. shall file its Answers to the THA MACC and the R3 MACC by no later than January 18, 2022. Signed by Judge Catherine C. Blake on 12/22/2021. Associated Cases: 1:17-md-02775-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
December 20, 2021 Opinion or Order Filing 78 ORDER regarding the schedule for a second BHR bellwether trial. Signed by Judge Catherine C. Blake on 12/20/2021. Associated Cases: 1:17-md-02775-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
December 20, 2021 Filing 77 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
December 20, 2021 Filing 76 MOTION for Summary Judgment As to All Claims of Plaintiffs with Implant Dates Prior to October 2009 by Smith & Nephew, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
December 14, 2021 Filing 75 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Statement of Monthly Accounting by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 14, 2021 Filing 74 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Statement of Monthly Accounting (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 14, 2021 Filing 73 NOTICE by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation Notice of Quarterly Reported Settlements (Attachments: #1 Exhibit 1)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 13, 2021 Filing 72 -SEALED-RESPONSE to Motion re (446 in 1:17-cv-02722-CCB, 2762 in 1:17-md-02775-CCB) MOTION for Summary Judgment regarding All Male Plaintiffs Implanted with BHR Devices with Large Femoral Head Sizes filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
December 10, 2021 Opinion or Order Filing 71 ORDER confirming the court is holding the afternoons of Wednesday, January 5, 2022 and January 12, 2022 to hear argument on any Mosca pretrial issues. Signed by Judge Catherine C. Blake on 12/10/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
December 6, 2021 Filing 70 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
November 29, 2021 Opinion or Order Filing 69 ORDER granting (3247) Plaintiff Leadership's Second Motion for Partial Reimbursement of Their Capital Assessment Contributions in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 11/29/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
November 23, 2021 Opinion or Order Filing 68 ORDER confirming the schedule set during the motions hearing. Signed by Judge Catherine C. Blake on 11/22/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
November 22, 2021 Filing 67 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases as of November 21, 2021), #2 Exhibit B (THA Track Cases as of November 21, 2021))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
November 20, 2021 Filing 66 NOTICE by Smith & Nephew, Inc. of Submission Relating to Plaintiffs' Motion for Leave to Take De Bene Esse Depositions [Dkt. 2980] (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
November 19, 2021 Filing 65 -SEALED - NOTICE of Filing Under Seal Exhibit 1 to Plaintiffs' Second Motion For Partial Reimbursement of Their Capital Assessment Contributions by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation re (3247 in 1:17-md-02775-CCB) Second MOTION for Other Relief For Partial Reimbursement of Their Capital Assessment Contributions Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
November 19, 2021 Filing 64 (FILED IN ERROR) Sealed DocumentAssociated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) Modified on 11/19/2021 (bmhs, Deputy Clerk). [Transferred from mdd on 11/5/2024.]
November 19, 2021 Filing 63 Second MOTION for Other Relief For Partial Reimbursement of Their Capital Assessment Contributions by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
November 18, 2021 Filing 62 RESPONSE in Opposition re (3215 in 1:17-md-02775-CCB) MOTION for Other Relief Plaintiff's Motion To Offer Trial Testimony By Use Of Remote Contemporaneous Transmission Under Rule 43(a) filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit A)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
November 18, 2021 Filing 61 REPLY to Response to Motion re (3214 in 1:17-md-02775-CCB) MOTION for Reconsideration re (457 in 1:18-cv-03520-CCB) MOTION and Supporting Memorandum to Exclude Testimony of Professor Stephen Graves, (3197 in 1:17-md-02775-CCB, 469 in 1:18-cv-03520-CCB) Order on Motion for Miscellaneous Relief, (3093 in 1:17-md-02775-CCB) MOTION and Supporting Memorandum to Exclude Testimony of Professor Stephen Graves filed by Smith & Nephew Inc.. (Attachments: #1 Exhibit A - 11-10-21 Trans., #2 Exhibit B - 10-20-21 Trans., #3 Exhibit C - Heeckt Dep Excerpt, #4 Exhibit D - Doc Request)Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
November 12, 2021 Filing 60 RESPONSE to Motion re (3214 in 1:17-md-02775-CCB) MOTION for Reconsideration re (457 in 1:18-cv-03520-CCB) MOTION and Supporting Memorandum to Exclude Testimony of Professor Stephen Graves, (3197 in 1:17-md-02775-CCB, 469 in 1:18-cv-03520-CCB) Order on Motion for Miscellaneous Relief filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation.Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
November 8, 2021 Filing 59 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases as of November 7, 2021), #2 Exhibit B (THA Track Cases as of November 7, 2021))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
November 4, 2021 Filing 58 RESPONSE in Opposition re (3153 in 1:17-md-02775-CCB) MOTION for Other Relief to Exclude Defendants' Expert Kevin Bozic, M.D., M.B.A filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
November 4, 2021 Filing 57 MOTION for Other Relief Plaintiff's Motion To Offer Trial Testimony By Use Of Remote Contemporaneous Transmission Under Rule 43(a) by Phyliss Mosca (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 26, 2021 Filing 56 MOTION to Strike Irrelevant and Unfairly Prejudicial Image from the Litigation by Smith & Nephew, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
October 26, 2021 Filing 55 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
October 22, 2021 Filing 54 REPLY to Response to Motion re (2889 in 1:17-md-02775-CCB) MOTION for Other Relief To Exclude Defendants' Expert Brent D. Kerger, Ph.D,, DABT, (2887 in 1:17-md-02775-CCB) MOTION for Other Relief To Exclude Defendants' Expert Daniel J. Goldstein, CQA filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation.Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 22, 2021 Filing 53 REPLY to Response to Motion re (2888 in 1:17-md-02775-CCB) MOTION to Exclude the Opinion Testimony of Expert Witness Harold Pellerite (THA Track) filed by Smith & Nephew Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
October 22, 2021 Filing 52 REPLY to Response to Motion re (2886 in 1:17-md-02775-CCB) MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Mary Truman (THA Track) filed by Smith & Nephew Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
October 22, 2021 Filing 51 REPLY to Response to Motion re (2891 in 1:17-md-02775-CCB) MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Dr. Jeffrey Shapiro (THA Track) filed by Smith & Nephew Inc.. (Attachments: #1 Exhibit A)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
October 21, 2021 Opinion or Order Filing 50 ORDER directing the plaintiff's to respond to 2762 defendant's motion for summary judgment. Signed by Judge Catherine C. Blake on 10/21/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
October 15, 2021 Filing 49 RESPONSE to Motion re (2762 in 1:17-md-02775-CCB) MOTION for Summary Judgment regarding All Male Plaintiffs Implanted with BHR Devices with Large Femoral Head Sizes Plaintiffs' Position Statement on Male Patients With Non-Recalled Femoral Heads filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 13, 2021 Filing 48 MOTION for Other Relief to Exclude Defendants' Expert Kevin Bozic, M.D., M.B.A by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 13, 2021 Opinion or Order Filing 47 ORDER confirming the results of the 10/13/21 telephone status conference. Signed by Judge Catherine C. Blake on 10/13/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
October 11, 2021 Filing 46 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases)Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
October 11, 2021 Filing 45 REPLY to Response to Motion re (2980 in 1:17-md-02775-CCB, 433 in 1:18-cv-03520-CCB) MOTION for Other Relief Plaintiffs' Motion for Leave to Take De Bene Esse Deposition of Tim Band and S&N Corporate Representative in Advance of Trial Plaintiffs' Reply in Support of Motion for Leave to Take De Bene Esse Deposition of Tim Band and S&N Corporate Representative filed by Phyliss Mosca.Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 11, 2021 Filing 44 -SEALED-RESPONSE to Motion re (457 in 1:18-cv-03520-CCB, 3093 in 1:17-md-02775-CCB) MOTION and Supporting Memorandum to Exclude Testimony of Professor Stephen Graves filed by Phyliss Mosca. (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
October 6, 2021 Filing 43 RESPONSE in Opposition re (3036 in 1:17-md-02775-CCB) MOTION for Other Relief Plaintiffs' Revised Motion to Activate Case-Specific Discovery For Remand And Trial filed by Smith & Nephew Inc..Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
September 27, 2021 Filing 42 RESPONSE in Opposition re (2980 in 1:17-md-02775-CCB) MOTION for Other Relief Plaintiffs' Motion for Leave to Take De Bene Esse Deposition of Tim Band and S&N Corporate Representative in Advance of Trial filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
September 27, 2021 Filing 41 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
September 24, 2021 Opinion or Order Filing 40 ORDER confirming the results of the September 15,2021 conference call; and denying as moot (2997) Defendant's Motion for Protective Order as to Stephen Graves in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 9/24/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 23, 2021 Filing 39 NOTICE of Change of Address by Robert Keith Jenner Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
September 22, 2021 Filing 38 MOTION for Other Relief Plaintiffs' Revised Motion to Activate Case-Specific Discovery For Remand And Trial by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
September 14, 2021 Opinion or Order Filing 37 ORDER granting (2859) Plaintiffs' Report of Common Benefit Settlements and Petition For Appointment of Certified Public Accountant in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 9/14/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 14, 2021 Opinion or Order Filing 36 ORDER granting (2856) Plaintiffs' Leadership's Motion for Partial Reimbursement of Their Capital Assessment Contributions in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 9/14/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 14, 2021 Opinion or Order Filing 35 ORDER granting (2858) Plaintiffs' Executive Committee's Motion to Modify Case Management Order No. 2 in case 1:17-md-02775-CCB. Signed by Judge Catherine C. Blake on 9/14/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 14, 2021 Filing 34 MEMORANDUM. Signed by Judge Catherine C. Blake on 9/14/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
September 14, 2021 Filing 33 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
September 13, 2021 Filing 32 STATUS REPORT and Proposed Agenda for Status Conference by Smith & Nephew Inc.Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
September 1, 2021 Opinion or Order Filing 31 ORDER confirming the results of the telephone status conference. Signed by Judge Catherine C. Blake on 9/1/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
August 30, 2021 Filing 30 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
August 25, 2021 Filing 29 MOTION for Protective Order to Quash Untimely Notice of Deposition of Stephen Graves by Smith & Nephew, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
August 20, 2021 Filing 28 -SEALED-RESPONSE in Opposition re (2886 in 1:17-md-02775-CCB) MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Mary Truman (THA Track) filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
August 20, 2021 Filing 27 RESPONSE in Opposition re (2889 in 1:17-md-02775-CCB) MOTION for Other Relief To Exclude Defendants' Expert Brent D. Kerger, Ph.D,, DABT, (2887 in 1:17-md-02775-CCB) MOTION for Other Relief To Exclude Defendants' Expert Daniel J. Goldstein, CQA filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
August 20, 2021 Filing 26 -SEALED-RESPONSE in Opposition re (10 in 1:21-cv-01662-CCB) MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Dr. Jeffrey Shapiro (THA Track) filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
August 20, 2021 Filing 25 -SEALED-RESPONSE in Opposition re (8 in 1:21-cv-01662-CCB) MOTION to Exclude the Opinion Testimony of Expert Witness Harold Pellerite (THA Track) filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. (Attachments: #1 Exhibit A)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
August 20, 2021 Filing 24 -SEALED- MOTION for Other Relief Plaintiffs' Motion for Leave to Take De Bene Esse Deposition of Tim Band and S&N Corporate Representative in Advance of Trial by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
August 17, 2021 Filing 23 NOTICE by Smith & Nephew, Inc. of Filing Updated Listing of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases)Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
August 2, 2021 Filing 22 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
July 22, 2021 Opinion or Order Filing 21 ORDER in case 1:14-cv-03138-CCB; granting in part and denying in part (2875) Motion for Partial Summary Judgment in case 1:17-md-02775-CCB and (644) Motion for Partial Summary Judgment in case 1:17-cv-00944-CCB. Signed by Judge Catherine C. Blake on 7/22/2021. Associated Cases: 1:17-md-02775-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
July 22, 2021 Opinion or Order Filing 20 ORDER in case 1:14-cv-03138-CCB; denying as moot (2915) Motion for Reconsideration in case 1:17-md-02775-CCB; (669) Motion for Reconsideration in case 1:17-cv-00944-CCB and (428) Motion for Reconsideration in case 1:18-cv-03520-CCB. Signed by Judge Catherine C. Blake on 7/22/2021. Associated Cases: 1:17-md-02775-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
July 20, 2021 Filing 18 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
July 19, 2021 Opinion or Order Filing 19 ORDER re: Depositions. Signed by Judge Catherine C. Blake on 7/19/2021. Associated Cases: 1:17-md-02775-CCB et al.(bmhs, Deputy Clerk) Modified on 7/20/2021 (bmhs, Deputy Clerk). [Transferred from mdd on 11/5/2024.]
July 16, 2021 Filing 17 MEMORANDUM to Counsel confirming trial schedule. Signed by Judge Catherine C. Blake on 7/16/2021. Associated Cases: 1:17-md-02775-CCB et al.(kns, Deputy Clerk) [Transferred from mdd on 11/5/2024.]
July 13, 2021 Filing 16 MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Dr. Jeffrey Shapiro (THA Track) by Smith & Nephew, Inc. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit Index of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
July 13, 2021 Filing 15 MOTION for Other Relief To Exclude Defendants' Expert Brent D. Kerger, Ph.D,, DABT by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 13, 2021 Filing 14 MOTION to Exclude the Opinion Testimony of Expert Witness Harold Pellerite (THA Track) by Smith & Nephew, Inc. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit Index of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
July 13, 2021 Filing 13 MOTION for Other Relief To Exclude Defendants' Expert Daniel J. Goldstein, CQA by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 13, 2021 Filing 12 MOTION to Exclude the Opinion Testimony of Plaintiffs' Expert Witness Mary Truman (THA Track) by Smith & Nephew, Inc. (Attachments: #1 Text of Proposed Order, #2 Memorandum in Support, #3 Exhibit Index of Exhibits, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
July 12, 2021 Filing 11 REPLY to Response to Motion re (2858 in 1:17-md-02775-CCB, 506 in 1:17-cv-01906-CCB) MOTION for Other Relief Plaintiffs' Executive Committee's Motion to Modify Case Management Order No. 2 to Establish An Increased Holdback For Settling BHR Cases filed by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation.Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
July 9, 2021 Filing 10 WAIVER OF SERVICE Returned Executed by John Kowalczyk, Tina Kowalczyk. Smith & Nephew, Inc. waiver sent on 6/11/2021, answer due 8/10/2021.(Zimmerman, Genevieve) [Transferred from mdd on 11/5/2024.]
July 8, 2021 Filing 9 RESPONSE to Motion re (2858 in 1:17-md-02775-CCB) MOTION for Other Relief Plaintiffs' Executive Committee's Motion to Modify Case Management Order No. 2 to Establish An Increased Holdback For Settling BHR Cases filed by Smith & Nephew Inc..Associated Cases: 1:17-md-02775-CCB et al.(Reiskin, Terri) [Transferred from mdd on 11/5/2024.]
July 6, 2021 Filing 8 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
June 28, 2021 Filing 7 MOTION for Other Relief Plaintiffs' Report of Common Benefit Settlements And Petition For Appointment of Certified Public Accountant by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 28, 2021 Filing 6 MOTION for Other Relief Plaintiffs' Executive Committee's Motion to Modify Case Management Order No. 2 to Establish An Increased Holdback For Settling BHR Cases by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 28, 2021 Filing 5 Sealed DocumentAssociated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 28, 2021 Filing 4 MOTION for Other Relief Plaintiffs' Leadership's Motion for Partial Reimbursement of Their Capital Assessment Contributions by In re: Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order)Associated Cases: 1:17-md-02775-CCB et al.(Jenner, Robert) [Transferred from mdd on 11/5/2024.]
June 21, 2021 Filing 3 NOTICE by Smith & Nephew, Inc. of Filing Updated Listings of Pending BHR and THA Track Cases (Attachments: #1 Exhibit A (BHR Track Cases), #2 Exhibit B (THA Track Cases))Associated Cases: 1:17-md-02775-CCB et al.(Wozniak, Jana) [Transferred from mdd on 11/5/2024.]
June 11, 2021 Filing 2 REPLY to Response to Motion re (2724 in 1:17-md-02775-CCB) MOTION for Other Relief for an Order Governing Ex Parte Contacts with Treating Physicians in Advance of Trial and Memorandum in Support filed by Smith & Nephew, Inc.. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)Associated Cases: 1:17-md-02775-CCB et al.(Zidlicky, Paul) [Transferred from mdd on 11/5/2024.]
June 11, 2021 Filing 1 COMPLAINT (BHR Track) against Smith & Nephew, Inc. ( Filing fee $ 402 receipt number 0416-9324325.), filed by John Kowalczyk, Tina Kowalczyk. (Attachments: #1 Civil Cover Sheet)(Zimmerman, Genevieve) [Transferred from mdd on 11/5/2024.]
June 11, 2021 Case Assigned to Judge Catherine C. Blake. (ko, Deputy Clerk) [Transferred from mdd on 11/5/2024.]

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Search for this case: Kowalczyk et al v. Smith & Nephew, Inc.
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Plaintiff: John Kowalczyk
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Plaintiff: Tina Kowalczyk
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Defendant: Smith & Nephew, Inc.
Represented By: Kim E. Moore
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