Shawver et al. v. Zimmer Biomet Holdings, Inc.
| Phebe Shawver and Allison Shawver |
| Zimmer Biomet Holdings, Inc. and Zimmer Biomet Spine, Inc. |
| 3:2024cv00454 |
| March 8, 2024 |
| US District Court for the Northern District of Ohio |
| James G Carr |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 10 Memorandum in Opposition to #9 Motion to dismiss and Memorandum of Law with Table of Contents and Authorities filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - 8/7/2013 PMA letter, #2 Exhibit 2 - Adverse Events, #3 Exhibit 3 - Recall, #4 Exhibit 4 - Associates)(Silvers, Kyle) |
| Filing 9 Motion to dismiss for failure to state a claim and Memorandum of Law in Support of Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint filed by Defendant Zimmer Biomet Spine, Inc.. (Attachments: #1 Exhibit 1 - Mobi-C PMA Letter, #2 Exhibit 2 - FDA Website Listing of Mobi-C PMA and Supplements)(Goldberg, Stuart) |
Order: [non-document] On review of the docket, it appearing that there is a pending (Doc. #9 ) motion to dismiss, it is hereby ordered that; 1.) leave granted to plaintiffs to file its response/opposition on or before 4/29/2024; and 2.) leave granted to defendant to file its reply on or before 5/13/2024. Parties may request a status conference beforehand, otherwise a conference will be scheduled after adjudication of the motion to dismiss. Judge James G. Carr on 3/28/2024. (D,TM) Modified NEF regenerated on 3/28/2024 (D,TM).
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| Filing 8 Original Summons issued to counsel for service upon Zimmer Biomet Spine, Inc. (R,EM) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (R,EM) |
| Filing 7 FILING ERROR Amended complaint against All Defendants and adding new party defendant(s) Zimmer Spine, Inc. Filed by Phebe Shawver. (Attachments: #1 Complaint Amended) (Silvers, Kyle) (Blank praecipe uploaded with and copy of doc #5 already filed Modified on 3/18/2024 (R,EM). |
| Filing 6 Stipulation & Order of proper party defendant. Defendant Zimmer Biomet Spine, Inc., added in place of Zimmer Biomet Holdings, Inc. So ordered. Judge James G. Carr on 3/15/2024. (D,TM) |
| Filing 5 Amended Complaint and adding new party defendant Zimmer Biomet Spine, Inc. with Jury Demand and Praecipe Filed by Phebe Shawver. (Silvers, Kyle) Modified on 3/18/2024 (R,EM). |
| Filing 4 Proposed Stipulation Regarding Proper Party filed by Zimmer Biomet Holdings, Inc.. (Goldberg, Stuart) |
| Filing 3 Corporate Disclosure Statement identifying Other Affiliate Zimmer Biomet Spine, Inc., Other Affiliate ZimVie, Inc. for Zimmer Biomet Holdings, Inc. filed by Zimmer Biomet Holdings, Inc.. (Goldberg, Stuart) |
| Filing 2 Magistrate Consent Form issued. (R,EM) |
| Filing 1 Notice of Removal from Wood County Common Pleas Court, case number 2024CV0069 with jury demand, Filing fee paid $ 405, receipt number AOHNDC-12448593. Filed by Zimmer Biomet Holdings, Inc. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet) (Goldberg, Stuart) |
| Judge James G. Carr assigned to case. (R,EM) |
| Notice by Clerk that Zimmer Biomet Holdings, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,EM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (R,EM) |
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