Vonderhaar v. Zimmer Biomet Holdings, Inc. et al
| Richard L. Vonderhaar |
| Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer Holdings, Inc., Zimmer, Inc., Zimmer US, Inc. and Zimmer GMBH |
| 1:2021cv00768 |
| December 10, 2021 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER DISMISSING CASE. Signed by Judge Timothy S. Black on 8/17/2022. (rrs)
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| Filing 30 STIPULATION of Dismissal With Prejudice by Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer GMBH, Zimmer US, Inc.. (Attachments: #1 Text of Proposed Order) (Russo, Stephanie) |
| Filing 29 Corporate Disclosure Statement by Defendants Zimmer GMBH, Zimmer Biomet Holdings Inc. identifying Corporate Parent Zimmer Biomet Holdings Inc. for Zimmer GMBH.. (Russo, Stephanie) |
| Filing 28 Zimmer Defendants' ANSWER to #27 Complaint with Jury Demand Answer to First Amended Complaint filed by All Defendants. (Russo, Stephanie) |
| Filing 27 FIRST AMENDED COMPLAINT with JURY DEMAND against All Defendants filed by Richard L. Vonderhaar. (rrs) |
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Notation Order: This civil case is before the Court on Plaintiff's motion for leave to amend the complaint. (Doc. #25 ). Plaintiff seeks to add Defendants' parent company Zimmer GmbH as a defendant. Zimmer GmbH was allegedly responsible for designing and marketing the allegedly defective device at issue in this lawsuit. Defendants do not oppose the addition of Zimmer GmbH as defendant. For good cause shown, the Court GRANTS Plaintiff leave to amend his complaint. The Court directs the Clerk's Office to now docket, separately, Plaintiff's proposed First Amended Complaint and Jury Demand (Doc. #25 -1) as if filed today. Defendants SHALL file their responsive pleading by 5/12/2022. Also before the Court is Defendants' motion for an extension of their deadline to produce common issue discovery previously produced in the related Durom Cup MDL (MDL 2158). (Doc. #26 ). Defendant requests this extension to accommodate the additional time need to produce documents related to newly-added Defendant Zimmer GmbH. That motion too is GRANTED. By 5/12/2022, Defendants SHALL produce all common-issue discovery produced in the Durom Cup MDL, including Defendant Zimmer GmbH's documents. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/29/2022. (rrs)
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| Filing 26 Unopposed MOTION for Extension of Time. by Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc.. (Attachments: #1 Text of Proposed Order) (Russo, Stephanie) Modified Docket Text on 4/28/2022 (bjc). |
| Filing 25 MOTION to Amend/Correct Complaint by Plaintiff Richard L. Vonderhaar. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Weintraub, Adam) |
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Filing 24
ORDER adopting Protective Order and Clawback Protocol from Zimmer Durom Hip Cup MDL (Doc. #22 ). Signed by Judge Timothy S. Black on 4/21/2022. (rrs)
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| Filing 23 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #22 Joint MOTION for Protective Order Adoption of Protective Order and Clawback Protocol from Zimmer Durom Hip Cup MDL filed by Zimmer Biomet Holdings, Inc., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #22 Joint MOTION for Protective Order Adoption of Protective Order and Clawback Protocol from Zimmer Durom Hip Cup MDL filed by Zimmer Biomet Holdings, Inc. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/22/2022. (kl) |
| Filing 22 Joint MOTION for Protective Order Adoption of Protective Order and Clawback Protocol from Zimmer Durom Hip Cup MDL by Defendant Zimmer Biomet Holdings, Inc.. (Attachments: #1 Exhibit Protective Order from Durom Hip MDL, #2 Exhibit Agreed Case Management Order Regarding Return of Privileged Material Inadvertently Produced from MDL, #3 Text of Proposed Order Approving Adoption of Protective Order and Clawback Protocol from Zimmer Durom HIP CUP MDL) (Edwards, Ryan) |
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Filing 21
CALENDAR ORDER. Signed by Judge Timothy S. Black on 3/14/2022. (rrs)
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Minute Entry & Notation Order: This civil action came before the Court for a preliminary pretrial conference by telephone on 3/14/2022 at 10:00 a.m. Adam Weintraub and Kyle Miller appeared for Plaintiff. Stephanie Russo and Ryan Edwards appeared for Defendants. Parties apprised the Court of their intent to mediate in mid-June. By 4/28/2022, Defendants SHALL provide to Plaintiff any common-issue discovery produced in the related MDL. In Re: Zimmer Durom Hip Cup Products Liability Litigation, MDL-2158, No. 09-04414, D.N.J. A calendar order shall issue by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/14/2022. (rrs)
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| Filing 20 RULE 26(f) REPORT by Defendant Zimmer Biomet Holdings, Inc.. (Edwards, Ryan) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8718852) of Stephanie N. Russo by Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Admission Pro Hac Vice of Stephanie N. Russo) (Edwards, Ryan) |
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NOTATION ORDER granting #18 Motion for Leave to Appear Pro Hac Vice of John Joseph Tanner as Co-Counsel; granting #19 Motion for Leave to Appear Pro Hac Vice of Stephanie N. Russo as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 2/11/2022. (eh)
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8718424) of John Joseph Tanner by Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Admission Pro Hac Vice of John Joseph Tanner) (Edwards, Ryan) |
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NOTATION ORDER granting #14 Motion for Leave to Appear Pro Hac Vice of Peter A. Sandberg as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 2/8/2022. (eh)
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| Filing 17 NOTICE by Plaintiff Richard L. Vonderhaar re #14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8707822) of Peter A. Sandberg (Posey, William) |
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Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 3/14/2022 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code: 123456, and wait for the Court to join the conference. Before the pretrial conference, counsel shall comply with the MANDATORY pre-preliminary pretrial conference between counsel, as required by Fed. R. Civ. P. 26(f). Counsel shall jointly prepare the Rule 26(f) report using the Court's form. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found on our website at: https://www.ohsd.uscourts.gov/judge-timothy-s-black-standing-orders. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/7/2022. (rrs)
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| Filing 16 Notice of Deficiency re: #14 MOTION for Leave to Appear Pro Hac Vice of Peter A. Sandberg. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 2/18/2022. (eh) |
| Filing 15 Zimmer Defendants ANSWER to #1 Complaint, with Jury Demand filed by All Defendants. (Edwards, Ryan) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8707822) of Peter A. Sandberg by Plaintiff Richard L. Vonderhaar. (Attachments: #1 Ex. A - Certificates of Good Standing) (Posey, William) |
| Filing 13 Corporate Disclosure Statement by Defendant Zimmer Biomet Holdings, Inc.. (Edwards, Ryan) |
| Filing 12 Corporate Disclosure Statement by Defendant Zimmer US, Inc.. (Edwards, Ryan) |
| Filing 11 Corporate Disclosure Statement by Defendant Zimmer Biomet, Inc.. (Edwards, Ryan) |
| Filing 10 STIPULATION For Extension of Time to Respond to Complaint by Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc.. (Edwards, Ryan) |
| Notice of Correction re Doc 8 : Document filed in error; will be refiled using correct ECF event. (kh) |
| Reset Deadlines per doc #10 : Zimmer Biomet Holdings, Inc. answer due 2/8/2022; Zimmer Biomet, Inc. answer due 2/8/2022; Zimmer US, Inc. answer due 2/8/2022. (kh) |
| Filing 9 NOTICE of Appearance by Ryan Christian Edwards for Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc. (Edwards, Ryan) |
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NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Adam H. Weintraub as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 1/5/2022. (eh)
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| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8658922) of Adam H. Weintraub by Plaintiff Richard L. Vonderhaar. (Attachments: #1 Ex. A - Certificates of Good Standing, #2 Text of Proposed Order) (Posey, William) |
| Filing 6 SUMMONS Returned Executed as to Defendant Zimmer Biomet, Inc. (kh) |
| Filing 5 SUMMONS Returned Executed as to Defendant Zimmer Biomet, Inc.. (bjc) |
| Filing 4 SUMMONS Returned Executed as to Defendants Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc.. Zimmer Biomet Holdings, Inc. served on 12/27/2021, answer due 1/18/2022; Zimmer Biomet, Inc. served on 12/27/2021, answer due 1/18/2022; Zimmer US, Inc. served on 12/27/2021, answer due 1/18/2022. (bjc) |
| Filing 3 Summons Issued as to Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., and Zimmer US, Inc. (kh) |
| Filing 2 REQUEST for Issuance of Summons. (Posey, William) |
| Filing 1 COMPLAINT with JURY DEMAND against Zimmer Biomet Holdings, Inc., Zimmer Biomet, Inc., Zimmer US, Inc. ( Filing fee $ 402 paid - receipt number: AOHSDC-8632090), filed by Richard L Vonderhaar. (Attachments: #1 Civil Cover Sheet) (Miller, Kyle) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) |
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