Getz v. DePuy Orthopaedics, Inc. et al
| Brenda Getz and Donald Getz |
| Depuy Orthopaedics Inc., Depuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc. and Johnson & Johnson International |
| 6:2022cv02007 |
| December 30, 2022 |
| US District Court for the District of Oregon |
| Michael J McShane |
| Personal Inj. Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 89
Scheduling Order: Estimated 3 week Jury Trial is set for 7/10/2023 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Pretrial Conference is set for 7/5/2023 at 09:00AM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp)
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Filing 88
Supplement to Joint Status Report. Filed by All Defendants. (Related document(s): Joint Status Report #86 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Attachment 1 to Ex. B, #4 Attachment 2 to Ex. B, #5 Attachment 3 to Ex. B, #6 Attachment 4 to Ex. B, #7 Attachment 5 to Ex. B, #8 Attachment 6 to Ex. B, #9 Attachment 7 to Ex. B, #10 Attachment 8 to Ex. B, #11 Attachment 9 to Ex. B, #12 Attachment 10 to Ex. B, #13 Attachment 11 to Ex. B, #14 Attachment 12 to Ex. B, #15 Attachment 13 to Ex. B, #16 Attachment 14 to Ex. B) (Loftis, Jeanne)
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Filing 87
Reply to (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) #36 . Filed by All Defendants. (Loftis, Jeanne)
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Filing 86
Joint Status Report . Filed by All Defendants. (Loftis, Jeanne)
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Filing 85
Declaration of Jeanne F. Loftis ISO Defendants' Oppositions to Plaintiffs' Motions In Limine. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #84 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Loftis, Jeanne)
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Filing 84
Response in Opposition to Plaintiffs' Motions in Limine to MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE #45 . Filed by All Defendants. (Loftis, Jeanne)
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Filing 83
Response Plaintiffs' Memorandum of Law in Response to MOTION in Limine (Omnibus) #43 . Filed by Brenda Getz, Donald Getz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Ward, Navan)
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Filing 82
MINUTES of Proceedings: Scheduling Conference held. The parties are to file a Joint Status Report by 2/3/2023 providing the Court with the status of the case and proposed three week trial date. Derek C. Johnson, Aigner Shanea Kolom and Navan Ward, Jr. present as counsel for plaintiff. Jeanne F. Loftis and Jessica L. Brennan present as counsel for defendants. Court Reporter: None Present. Judge Michael J. McShane presiding. (cp)
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Filing 81
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #76 admission requested by attorney David Byrne. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 80
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #75 admission requested by attorney James Lampkin, II. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 79
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #74 admission requested by attorney Aigner Shanea Kolom. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 78
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #73 admission requested by attorney Tiffany Birley. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 77
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #72 admission requested by attorney Navan Ward, Jr. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 76
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David Byrne. Filing fee in the amount of $300 collected; Receipt No.: 8795991. Filed by on behalf of Brenda Getz. (ecp)
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Filing 75
Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James Lampkin, II. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795923. Filed by Brenda Getz, Donald Getz. (Lampkin, James)
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Filing 74
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aigner Shanea Kolom. Filing fee in the amount of $300 collected; Receipt No.: 8795511. Filed by on behalf of Brenda Getz. (ecp)
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Filing 73
Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tiffany Birley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795658. Filed by Brenda Getz, Donald Getz. (Birley, Tiffany)
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Filing 72
Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Navan Ward, Jr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795482. Filed by Brenda Getz, Donald Getz. (Ward, Navan)
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Filing 71
Scheduling Order: Based upon the schedule of the Court, the Trial Scheduling Conference set for 10:30AM is advanced to 09:00AM on 1/25/2023 in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in number by separate email. Ordered by Judge Michael J. McShane. (cp)
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Filing 70
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #69 admission requested by attorney Jessica L Brennan. Filing fee in the amount of $300 collected. Ordered by Judge Michael J. McShane. (cp)
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Filing 69
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jessica L Brennan. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795013. Filed by DePuy International Limited, Depuy Inc, Depuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Brennan, Jessica)
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Clerk's Review of Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Navan Ward, Jr. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795482 #72 , Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Tiffany Birley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795658 #73 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Aigner Shanea Kolom. Filing fee in the amount of $300 collected; Receipt No.: 8795511 #74 , Unopposed Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James Lampkin, II. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795923 #75 , Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney David Byrne. Filing fee in the amount of $300 collected; Receipt No.: 8795991 #76 : Reviewed and Ready for Ruling. (jw)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jessica L Brennan. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8795013 #69 : Reviewed and Ready for Ruling. (jw)
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Filing 68
Corrected Notice of Appearance of Jeanne F. Loftis appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Loftis, Jeanne)
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Filing 67
Notice of Appearance of Jeanne F. Loftis appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Loftis, Jeanne)
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Filing 66
Notice of Appearance of Derek C. Johnson appearing on behalf of All Plaintiffs . Filed by on behalf of All Plaintiffs. (Johnson, Derek)
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Filing 65
Scheduling Order: Based upon the request of the parties, the Rule 16 Conference set for 1/18/2023 is reset for 1/25/2023 at 10:30AM in Eugene by telephone before Judge Michael J. McShane. The parties are to call the previously mailed telephone conference call-in number. Ordered by Judge Michael J. McShane. (cp)
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Filing 64
Scheduling Order: Scheduling Conference is set for 1/18/2023 at 01:45PM in Eugene by telephone before Judge Michael J. McShane. The Court will provide the parties with the conference call-in information by separate email. Ordered by Judge Michael J. McShane. (cp)
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Filing 63
Notice of Case Assignment: This case is assigned to Judge Michael J. McShane. (eo)
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Filing 62
NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Northern District of Texas. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. (eo)
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Filing 61
Case transferred in from District of Texas Northern; Case Number 3:11-cv-02890. Electronic file received.
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Filing 60
(Document Restricted) Sealed Response and Objection re: #42 Motion for Partial Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 59
ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 58
(Document Restricted) Sealed Response and Objection re: #38 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 57
ELECTRONIC ORDER granting Plaintiff's Motion to Exceed Page Limit for Motion in Limine. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 56
NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 34, 50] and conducting a telephonic hearing on December 29, 2022 [Dkt. 54], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the District of Oregon pursuant to the recommendation in the parties' joint status report [Dkt. 47]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 35, 36, 37, 38, 39]; Motion for Partial Summary Judgment [Dkt. 42]; and Motions in Limine [Dkts. 43, 45]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James)[Transferred from Texas Northern on 12/30/2022.]
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Filing 55
RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #39 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 54
Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 53
RESPONSE filed by Brenda Getz, Donald Getz re: #35 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 52
NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 51
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 27]. On December 2, 2022, the Special Master recommended denial of the motion and no objections have been filed and therefore the motion is DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 50
Joint STATUS REPORT (Third) filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 49
RESPONSE filed by Brenda Getz, Donald Getz re: #37 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 48
RESPONSE filed by Brenda Getz, Donald Getz re: #36 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 47
Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 46
MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #45 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Brenda Getz (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 45
MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Brenda Getz with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 44
NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 9:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 43
MOTION in Limine (Omnibus) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 42
MOTION for Partial Summary Judgment filed by Brenda Getz, Donald Getz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 41
NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 40
NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 39
MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Brenda Getz, Donald Getz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 38
MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Brenda Getz, Donald Getz with Brief/Memorandum in Support. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 37
(Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 36
(Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF MARI TRUMAN (Sealed pursuant to order dated 6/20/2012) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 35
MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Inc(pty:dft), Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson International (pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 34
Joint STATUS REPORT filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 33
NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 32], and the Court's Scheduling Order of September 16, 2022 [Dkt. 23], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. The Motion to Amend Scheduling Order [Dkt. 27] should be DENIED as moot as the special master has already addressed the concerns identified at a previous conference with counsel. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 12/30/2022.]
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Filing 32
SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.]
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Filing 31
On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) [Transferred from Texas Northern on 12/30/2022.]
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Filing 30
Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/19/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Amber A Thompson. (twd) [Transferred from Texas Northern on 12/30/2022.]
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Filing 29
Notice of Filing of Official Electronic Transcript of Remote Hearing Conference held on 10/18/2022 before James M. Stanton, Court-Ordered Special Master. Court Reporter/Transcriber Michael D O'Connor. (twd) [Transferred from Texas Northern on 12/30/2022.]
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Filing 28
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #27 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 12/30/2022.]
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Filing 27
MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Brenda Getz, Donald Getz (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) M, #14 Exhibit(s) N) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 26
ANSWER to #24 Amended Complaint,, with Jury Demand filed by DePuy Inc, DePuy International Limited, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 25
ANSWER to #24 Amended Complaint,, with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 24
AMENDED COMPLAINT WITH JURY DEMAND against DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc filed by Brenda Getz, Donald Getz. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 23
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendant shall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 22
ELECTRONIC ORDER denying ALL Joint Motion(s) to Stay CMO 12 Obligations in these cases. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 21
Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Brenda Getz (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 20
Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator requested that counsel for Plaintiff provide the most convenient city for Plaintiff to attend in-person mediation following an unsuccessful mediation Zoom mediation. The Parties have provided a city. The Mediator has confirmed the location and will provide a date, and the mediation will occur on or before May 31, 2022. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 19
Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Brenda Getz (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 18
Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Brenda Getz (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 17
Amended STATUS REPORT AMENDED JOINT STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO APRIL 11, 2022 filed by Brenda Getz. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 16
Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Brenda Getz. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 15
ELECTRONIC ORDER granting Joint to Stay CMO 12 Deadlines to October 25, 2021. The Parties and DIRECTED to file a Joint Status Report on November 1, 2021, regarding the Status of this Case. (Ordered by Judge Ed Kinkeade on 8/23/2021) (chmb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 14
MOTION to Stay CMO 12 Obligations to October 25, 2021 filed by DePuy Inc, DePuy International Limited, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Proposed Order) (Bruksch, Terri) [Transferred from Texas Northern on 12/30/2022.]
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Filing 13
Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (lrl) [Transferred from Texas Northern on 12/30/2022.]
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Filing 12
NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy and Johnson Defendants. (jeh) [Transferred from Texas Northern on 12/30/2022.]
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NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the August 9, 2012, proceedings via telephone, the Special Master has arranged a call in number (800-700-7784) and access code (256523). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 10:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244. (drh) [Transferred from Texas Northern on 12/30/2022.]
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Notice of filing Orders:The following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#ORDER SETTING CONFERENCE: A conference with the Court is set for 8/9/2012 10:30 AM before Judge Ed Kinkeade.#ORDER REGARDING ATTORNEYS APPEARING IN MDL 2244. (drh) Modified to correct links on 4/9/2018 (cea). [Transferred from Texas Northern on 12/30/2022.]
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Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #5#CASE MANAGEMENT ORDER NO. #6 Attorney-Client Privilege and Work-Product Privilege Protocol.#CASE MANAGEMENT ORDER NO. #7 Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues. (drh) Modified to correct link on 4/9/2018 (cea). [Transferred from Texas Northern on 12/30/2022.]
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NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 9:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 12/30/2022.]
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NOTICE FROM THE SPECIAL MASTER: On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244 (drh) [Transferred from Texas Northern on 12/30/2022.]
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Filing 11
ORDER SETTING CONFERENCE: A Conference on Scheduling is hereby set for Wednesday, April 25, 2012 at 9:30 a.m. at 1100 Commerce Street, Room 1625, Dallas, Texas 75242. In preparation for this Conference on Scheduling, the parties are DIRECTED to confer with the Special Master within 7 days of this order. (Ordered by Judge Ed Kinkeade on 4/5/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
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Filing 10
ORDER ON STIPULATED MOTION TO CONTINUE DEADLINES: Through respective lead counsel, the parties have agreed to extend all existing deadlines for pleadings and motions (including but not limited to answers and jurisdictional briefing) in all cases in this MDL proceeding to allow counsel an opportunity to address those issues in a proposed case management order that they are preparing for submission to the Court in the short term. IT IS HEREBY ORDERED, that the foregoing motion is GRANTED. The deadlines in all cases in this MDL proceeding are hereby CONTINUED pending the entry of a case management order. (Ordered by Judge Ed Kinkeade on 2/7/2012) (jrb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 9
ORDER LIFTING STAY: The Court orders that the stay is hereby LIFTED and discovery and motion practice shall proceed in any case filed as a part of 3:11-MD-2244-K, and any tag-along actions over which this Court acquires jurisdiction. (Ordered by Judge Ed Kinkeade on 1/10/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
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Filing 8
ORDER APPOINTING SPECIAL MASTER: The Court now appoints James M. Stanton of Andrews Kurth, LLP as Special Master pursuant to Fed R. Civ. P. 53. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
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Filing 7
CASE MANAGEMENT ORDER #3: The Court hereby designates counsel to act on behalf of the Plaintiffs in the DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. It is anticipated that further appointments to the existing subcommittees, or the addition of further subcommittees, will be approved, as necessary, as the litigation progresses. (Ordered by Judge Ed Kinkeade on 1/9/2012) (drh) [Transferred from Texas Northern on 12/30/2022.]
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Filing 6
NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Powell, Michael) [Transferred from Texas Northern on 12/30/2022.]
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Filing 5
NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Roberts, Seth) [Transferred from Texas Northern on 12/30/2022.]
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Filing 4
Summons Issued as to DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. (jrb) [Transferred from Texas Northern on 12/30/2022.]
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Filing 3
NOTICE OF RELATED FILING filed by Brenda Getz (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Brenda Getz. (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Filing 1
COMPLAINT against DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. filed by Brenda Getz. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4201624) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Cover Sheet, #2 Summons) (Ward, Navan) [Transferred from Texas Northern on 12/30/2022.]
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Case Reassigned to Judge Ed Kinkeade per Amended Special Order No. 3-250. Judge Reed C O'Connor no longer assigned to the case. (jrb) [Transferred from Texas Northern on 12/30/2022.]
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