Waltemathe v. Johnson & Johnson et al
| Ashley Waltemathe |
| Johnson & Johnson, Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Ohio Department of Medicaid, John Does and ABC Companies |
| 3:2022cv00311 |
| November 2, 2022 |
| US District Court for the Southern District of Ohio |
| Michael J Newman |
| Peter B Silvain |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| Filing 23 Witness List by Plaintiff Ashley Waltemathe. (Mollaun, Terrance) |
NOTATION ORDER granting #22 Motion for Leave to Appear Pro Hac Vice of Joel (J.T.) Larson as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously.. Signed by Magistrate Judge Peter B. Silvain, Jr on 9/20/2023. (srb)
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| Filing 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9600745) of Joel (J.T.) Larson by Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Cross Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Pugh, Samantha) |
| Filing 21 Witness List by Plaintiff Ashley Waltemathe. (Mollaun, Terrance) |
| Filing 20 NOTICE of Appearance by Samantha Renee Pugh for Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Cross Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc. (Pugh, Samantha) |
| Set/Reset Dayton PPTO Deadlines: Plaintiff Primary Expert designations due by 10/1/2023. Defendant Primary Expert designations due by 11/1/2023. Rebuttal Expert designations due by 12/1/2023. (bjr) |
| Filing 18 Reply Plaintiff's Disclosure Pursuant To FCRP 26(a)(1) by Plaintiff Ashley Waltemathe. (Mollaun, Terrance) Document restricted on 3/3/2023 for the reason that Rule 26(a)(1) is discovery to be exchanged between the parties and not filed on the docket. Counsel notified. (bjr). |
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Filing 17
PRELIMINARY PRETRIAL CONFERENCE ORDER: The Court has reviewed the parties Rule 26(f) report (Doc. No. #16 ) and, unless otherwise noted herein, adopts the discovery plan and limitations proposed by the parties, as well as all deadlines set forth therein. Pursuant to the Courts Standing Order Governing Civil Cases (eff. December 10, 2021),1 this case is referred to United States Magistrate Judge Peter B. Silvain, Jr. to manage or resolve any discovery disputes that might arise. Referral of this case for mediation is available upon the parties request. The parties should email their request for a mediation referral to newman_chambers@ohsd.uscourts.gov. The specific case management dates and deadlines in this case are as follows: 1. Pre-discovery disclosures required by Fed. R. Civ. P. 26(a)(1), including a medical package (if applicable): March 2, 2023. 2. Motions to amend the pleadings or to add parties: April 1, 2023. 3. Motions directed to the pleadings: March 1, 2023. 4. Lay witness disclosures: September 1, 2023. 5. Primary expert designations: Factual Issues on Which Party Bears Burden of Proof: October 1, 2023;Responsive Reports on Which Party Does Not Bear Burden of Proof: November 1, 2023. 6. Rebuttal expert designations: December 1, 2023. 7. Discovery cut-off: December 15, 2023. 8. Dispositive motions (i.e., summary judgment motions): February 1, 2024. Signed by Judge Michael J. Newman on 2/22/2023. (srb)
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| Filing 16 RULE 26(f) REPORT by Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Gerlach, Kyle) |
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Filing 15
ORDER: (1) REQUIRING THE PARTIES TO MEET AND CONFER; (2) ORDERING THE PARTIES TO FILE THEIR FED. R. CIV. P. 26(f) REPORT ON OR BEFORE MARCH 9, 2023; AND (3) ORDERING THE PARTIES TO MAKE INITIAL DISCLOSURES UNDER FED. R. CIV. P. 26(a)(1) ON OR BEFORE MARCH 2, 2023. Signed by Judge Michael J. Newman on 2/2/2023. (srb)
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Filing 14
ORDER: (1) REALIGNING OHIO DEPARTMENT OF MEDICAID AS A THIRD-PARTY PLAINTIFF; AND (2) AFFIRMING THAT THE COURT HAS DIVERSITY JURISDICTION. Signed by Judge Michael J. Newman on 2/2/2023. (srb)
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| Filing 13 NOTICE by Cross Claimant Ohio Department of Medicaid (Mathews, Stanley) |
| Filing 12 Response in Opposition to Plaintiff's Show Cause Brief by Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Gerlach, Kyle) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Ashley Waltemathe. (Mollaun, Terrance) |
| Filing 10 NOTICE by Plaintiff Ashley Waltemathe (Mollaun, Terrance) |
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Filing 9
ORDER TO SHOW CAUSE - Show Cause Response due by 12/5/2022. Signed by Judge Michael J. Newman on 11/15/2022. (srb)
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| Filing 8 ANSWER to #6 Crossclaim, filed by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Gerlach, Kyle) |
| Filing 7 ANSWER to #5 Amended Complaint filed by Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc.. (Gerlach, Kyle) |
| Filing 6 (Copy of) ANSWER of Defendant, State of Ohio, Department of Medicaid and CROSSCLAIM against Defendants, filed by Ohio Department of Medicaid. (Mathews, S. Mark) Originally filed in the Montgomery County Common Pleas Court on October 17, 2022, under Case No. 2022CV4493> (bjr) |
| Filing 5 (Copy of) AMENDED COMPLAINT against All Defendants, filed by Ashley Waltemathe. (Mollaun, T. Tod) Originally filed in the Montgomery County Common Pleas Court on October 10, 2022, under Case No. 2022cv4493. (bjr) |
| Filing 4 (Copy of) COMPLAINT against All Defendants, filed by Ashley Waltemathe. (Mollaun, T. Tod) Originally filed in the Montgomery County Common Pleas Court, on 10/3/2022, under Case No. 2022cv4493. (bjr) |
| Filing 3 Corporate Disclosure Statement by Defendants Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson, Johnson & Johnson identifying Corporate Parent Johnson & Johnson for Depuy Synthes Products, Inc., Depuy Synthes Sales, Inc... (Gerlach, Kyle) |
| Filing 2 CERTIFICATE OF SERVICE by Defendant Johnson & Johnson (Gerlach, Kyle) |
| Filing 1 NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2022 cv 04493 ( Filing fee $ 402 paid - receipt number: AOHSDC-9123650), filed by Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (Gerlach, Kyle) |
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