White-Hoppe v. Stryker Corporation et al
| Alice White-Hoppe |
| Stryker Corporation, Stryker Sales Corporation, Howmedica Osteonics Corp., Stryker Ireland Limited, American Medical Concepts, Inc. and Howmedica Osteonics Corp. doing business as Stryker Orthopaedics |
| 3:2022cv00189 |
| February 3, 2022 |
| US District Court for the District of Oregon |
| John V Acosta |
| Jeffrey J Armistead |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge John V. Acosta to Magistrate Judge Jeffrey J. Armistead. (cw) |
Filing 28
ORDER: On February 25, 2022, Magistrate Judge Acosta issued a non-dispositive order granting Defendants' Motion to Expand Stay, ECF #10 , and denying Plaintiff's Emergency Motion to Consolidate Hearing, ECF #16 . ECF #21 . Plaintiff filed objections to the Order on March 10, 2022. ECF #24 . This Court has determined that further briefing on this matter is unnecessary. Pursuant to Federal Rule of Civil Procedure 72(a), this Court has carefully considered Plaintiff's objections and concludes that, because this Court finds the Order is not clearly erroneous or contrary to law, the objections do not provide a basis to modify the Magistrate Judge's Order. Accordingly, this Court AFFIRMS Magistrate Judge Acosta's Order, ECF #21 . Ordered by Judge Karin J. Immergut. (jy)
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Filing 27
ORDER: GRANTING Motion to Strike #26 . Objections to Magistrate Judges Order #22 is STRICKEN. Ordered by Magistrate Judge John V. Acosta. (pjg)
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| Filing 26 Motion to Strike Incorrectly Filed Objections to Magistrate Judge's Order: Denying "Plaintiff's Emergency Motion to Consolidate Hearing on Plaintiff's Motion to Remand and Stryker Defendants' Motion to Expand Stay to Include Plaintiff's Motion to Remand," #22 . Filed by Alice White-Hoppe. (Bowersox, Jeffrey) |
| Filing 25 Declaration of Jeffrey A. Bowersox IN SUPPORT OF PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S ORDER DENYING PLAINTIFFS EMERGENCY MOTION TO CONSOLIDATE HEARING ON PLAINTIFFS MOTION TO REMAND AND STRYKER DEFENDANTS MOTION TO EXPAND STAY TO INCLUDE PLAINTIFFS MOTION TO REMAND, GRANTING STRYKER DEFENDANTS MOTION TO EXPAND STAY AND STAYING PLAINTIFFS MOTION TO REMAND. Filed by Alice White-Hoppe. (Related document(s): Objections to Magistrate Judges Order, #24 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Bowersox, Jeffrey) |
| Filing 24 Objections to Magistrate Judge's Order: DENYING PLAINTIFFS EMERGENCY MOTION TO CONSOLIDATE HEARING ON PLAINTIFFS MOTION TO REMAND AND STRYKER DEFENDANTS MOTION TO EXPAND STAY TO INCLUDE PLAINTIFFS MOTION TO REMAND, GRANTING STRYKER DEFENDANTS MOTION TO EXPAND STAY AND STAYING PLAINTIFFS MOTION TO REMAND Order on motion for stay,, Order on Motion for Hearing, #21 . Filed by Alice White-Hoppe. (Bowersox, Jeffrey) |
| Filing 23 STRICKEN per Order 27 Declaration of Jeffrey A. Bowersox in Support of Plaintiff's Objections to Magistrate Judge's Order Denying "Plaintiff's Emergency Motion to Consolidate Hearing on Plaintiff's Motion to Remand and Stryker Defendants' Motion to Expand Stay to Include Plaintiff's Motion to Remand," Granting "Stryker Defendants' Motion to Expand Stay" and Staying "Plaintiff's Motion to Remand". Filed by Alice White-Hoppe. (Related document(s): Objections to Magistrate Judges Order, #22 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Bowersox, Jeffrey) Modified on 3/10/2022 (pjg). |
| Filing 22 STRICKEN per Order 27 Objections to Magistrate Judge's Order: Denying "Plaintiff's Emergency Motion to Consolidate Hearing on Plaintiff's Motion to Remand and Stryker Defendants' Motion to Expand Stay to Include Plaintiff's Motion to Remand," Granting "Stryker Defendants' Motion to Expand Stay" and Staying "Plaintiff's Motion to Remand" Order on motion for stay,, Order on Motion for Hearing, #21 . Filed by Alice White-Hoppe. (Bowersox, Jeffrey) Modified on 3/10/2022 (pjg). |
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Filing 21
ORDER: For the above reasons, the Stryker Defendants' Motion to Expand Stay (ECF No. #10 ) is GRANTED. Plaintiff's Motion to Remand is STAYED pending resolution of the CTO. Plaintiff's Emergency Motion to Consolidate Hearing on Defendant's Motion to Expand Stay and Plaintiff's Motion to Remand (ECF No. #16 ) is DENIED. IT IS SO ORDERED. Signed on 2/25/2022 by Magistrate Judge John V. Acosta. (gw)
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| Filing 20 Declaration of Kim M. Catullo in Support of Stryker Defendants' Reply to Plaintiff's Amended Response to Motion to Apply the Pending Stay to Plaintiff's Recently Filed Motion to Remand or to Extend Response Deadline. Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (Related document(s): Reply to Motion, #19 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (French, Pilar) |
| Filing 19 Reply filed as Reply to Plaintiff's Amended Response to Motion to Apply the Pending Stay to Plaintiff's Recently Filed Motion to Remand or to Extend Response Deadline to Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline #10 Expedited Hearing Requested requested. Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (French, Pilar) |
| Filing 18 Amended Response in Opposition to Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline #10 . Filed by Alice White-Hoppe. (Bowersox, Jeffrey) |
| Filing 17 Declaration of Jeffrey A. Bowersox in Support of Plaintiff's Emergency Motion to Consolidate Hearing on Stryker's Motion to Expand Stay and Plaintiff's Motion to Remand. Filed by Alice White-Hoppe. (Related document(s): Motion for Hearing, #16 .) (Bowersox, Jeffrey) |
| Filing 16 Motion for Hearing to Consolidate Hearing on Stryker's Motion to Expand Stay and Plaintiff's Motion to Remand Motion to Remand to State Court #6 , Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline #10 . Oral Argument requested.Expedited Hearing requested. Filed by Alice White-Hoppe. (Bowersox, Jeffrey) |
| Filing 15 Declaration of Jeffrey A. Bowersox in Support of Plaintiff's Response to Defendants' Motion to Expand Stay to Include Plaintiff's Motion to Remand or to Extend Response Deadline. Filed by Alice White-Hoppe. (Related document(s): Response to Motion #14 .) (Bowersox, Jeffrey) |
| Filing 14 Response to Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline #10 Oral Argument requested. Filed by Alice White-Hoppe. (Bowersox, Jeffrey) |
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Filing 13
ORDER by Judge Acosta: Plaintiff is directed to file a response to Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline #10 by close of business on 2/22/2022. (pjg)
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| Filing 12 Declaration of Jeffrey A. Bowersox in Further Support of Plaintiff's Motion to Remand and for Attorney Fees & Costs. Filed by Alice White-Hoppe. (Related document(s): Motion to Remand #6 .) (Bowersox, Jeffrey) |
| Filing 11 Declaration of Pilar C. French . Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (Related document(s): Motion for Stay #10 .) (French, Pilar) |
| Filing 10 Motion for Stay to Expand to Include Plaintiff's Motion to Remand or to Extend Response Deadline. Expedited Hearing requested. Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (French, Pilar) |
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Filing 9
Scheduling Order by Judge Acosta: Motion to Remand to State Court #6 is taken under advisement as of 5/18/2022. (pjg)
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| Filing 8 Declaration of Yaser Metwally, MD in Support of Plaintiff's Motion to Remand and for Attorney Fees & Costs. Filed by Alice White-Hoppe. (Related document(s): Motion to Remand #6 .) (Bowersox, Jeffrey) |
| Filing 7 Declaration of Jeffrey A. Bowersox in Support of Plaintiff's Motion to Remand and for Attorney Fees & Costs. Filed by Alice White-Hoppe. (Related document(s): Motion to Remand #6 .) (Bowersox, Jeffrey) |
| Filing 6 Motion to Remand to State Court and For Attorney Fees & Costs. Oral Argument requested. Filed by Alice White-Hoppe. (Bowersox, Jeffrey) Modified on 2/17/2022 to correct event and add docket text(ecp). |
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Filing 5
ORDER by Judge Acosta: GRANTING Motion for Stay #4 . All litigation deadlines are STAYED pending a final determination regarding transfer of this matter to the MDL. (pjg)
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| Filing 4 Unopposed Motion for Stay Proceedings Pending Transfer to Multidistrict Litigation. Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (French, Pilar) |
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Filing 3
Notice of Case Assignment to Magistrate Judge John V. Acosta and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 6/6/2022. Joint Alternate Dispute Resolution Report is due by 7/5/2022. Pretrial Order is due by 7/5/2022. Ordered by Magistrate Judge John V. Acosta. (kgc)
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| Filing 2 Corporate Disclosure Statement filed as Defendants' Rule 7.1 Disclosure Statement. Filed by Howmedica Osteonics Corp., Stryker Corporation, Stryker Sales Corporation. (French, Pilar) |
| Filing 1 Notice of Removal of Case Number 22cv00224 from Multnomah County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8397481 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by Stryker Corporation, Howmedica Osteonics Corp., Stryker Sales Corporation (Attachments: #1 Civil Cover Sheet). (French, Pilar) |
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