RUDJORD v. JOHNSON & JOHNSON et al
| ERIK RUDJORD and ROBIN RUDJORD |
| DEPUY SYNTHES INSTITUTE, LLC, SYNTHES (USA) PRODUCTS, LLC, JOHNSON & JOHNSON, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES, INC., DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA and DEPUY SYNTHES SALES, INC. |
| 5:2020cv06473 |
| December 23, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| JOHN M GALLAGHER |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 STIPULATION of Dismissal by ERIK RUDJORD, ROBIN RUDJORD. (RONCA, JAMES) |
Filing 40
ORDER THAT PLAINTIFFS MOTION TO BAR OR OTHERWISE LIMIT THE EXPERT TESTIMONY OF JOSEPH ABBOUD MD, DUANE STEFFEY PH.D, AND NICHOLAS M. BENETATOS PH.D (ECF NO. #35 ) IS DENIED AS MOOT. DEFENDANTS OMNIBUS DAUBERT MOTION (ECF NO. #36 ) IS DENIED AS MOOT. DEFENDANTS MOTION FOR SUMMARY JUDGMENT (ECF NO. #37 ) IS DENIED AS MOOT. PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. #38 ) IS DENIED AS MOOT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 2/25/22.2/25/22 ENTERED AND COPIES E-MAILED.(mas)
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Filing 39
ORDER THAT THE SCHEDULING ORDER OF APRIL 1, 2021 (ECF NO. #19 ) IS VACATED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 2/25/22. 2/25/22 ENTERED AND COPIES E-MAILED.(mas)
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| Filing 38 MOTION for Partial Summary Judgment filed by ERIK RUDJORD, ROBIN RUDJORD. Brief, Certificate of Service. (Attachments: #1 Brief, #2 Brief, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Text of Proposed Order, #9 Certificate of Service)(RONCA, JAMES) Modified on 2/11/2022 (tjd). |
| Filing 37 MOTION for Summary Judgment filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., DEPUY SYNTHES, INC..Memorandum; Certificate of Service. (Attachments: #1 Supplement Statement of Undisputed Material Facts, #2 Memorandum of Law in Support of Motion, #3 Appendix Joint Appendix, #4 Text of Proposed Order Proposed Order)(O'DONNELL, LAUREN) |
| Filing 36 Defendants Omnibus Daubert Motion filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., DEPUY SYNTHES, INC. Memorandum and Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law with Certificate of Service, #2 Text of Proposed Order Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M)(O'DONNELL, LAUREN) Modified on 2/11/2022 (tjd). |
| Filing 35 MOTION to Exclude or Otherwise Limit the Expert Testimony of Joseph Abboud, M.D., Duane Steffey, Ph.D., and Nicholas Benetatos, Ph.D. filed by ERIK RUDJORD.Memorandum, Certificate of Service. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Text of Proposed Order, #23 Certificate of Service)(RONCA, JAMES) |
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Filing 34
STIPULATION AND ORDER THAT IN LIGHT OF THAT CONVERSATION, THE PARTIES WOULD LIKE TO REQUEST THAT THE COURT PERMIT EACH PARTY TO FILE ONE DAUBERT MOTION AND ONE DAUBERT OPPOSITION ADDRESSING ALL RELEVANT DAUBERT ISSUES. THE PARTIES FURTHER REQUEST THAT THE COURT PERMIT BOTH THE OPENING BRIEF AND THE RESPONSE BRIEF IN OPPOSITION TO BE LIMITED TO THIRTY-FIVE (35) PAGES. IN LIGHT OF THE COMPLEXITIES OF THIS CASE AND THE NUMBER OF CLAIMS THAT PLAINTIFFS HAVE RAISED, DEFENDANTS REQUEST THAT THEY BE PERMITTED TO FILE A MOTION FOR SUMMARY JUDGMENT BRIEF OF UP TO THIRTY-FIVE (35) PAGES.; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 2/3/22. 2/3/22 ENTERED & E-MAILED.(mas) Modified 2/4/22 (fdc).
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Filing 33
ORDER THAT MOTIONS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED BY FEBRUARY 10, 2022. RESPONSES SHALL BE FILED NO LATER THAN FEBRUARY 24, 2022. MOTIONS AND RESPONSES SHALL BE FILED IN THE FORM PRESCRIBED IN JUDGE GALLAGHERS POLICIES AND PROCEDURES. ALL OTHER CASE DEADLINES FROM THE COURTS SCHEDULING ORDER DATED APRIL 1, 2021 (ECF NO. #19 ), SHALL REMAIN IN EFFECT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 1/21/22. 1/21/22 ENTERED & E-MAILED.(mas) Modified 2/4/22 (fdc).
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| Filing 32 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Status Conference held on 11/18/21. (mas, ) |
| Filing 31 Consent Order to Substitute Attorney Meghan Mills in place of Alexander Kipperman filed by ERIK RUDJORD, ROBIN RUDJORD..(MILLS, MEGHAN) Modified on 11/28/2021 (tjd). |
| Filing 30 NOTICE that a Telephone Discovery Status Conference, in the above case has been set as follows: Lead counsel shall call via telephone for a Discovery Status Conference in the above-captioned matter in Chambers before Judge John M. Gallagher on Thursday, November 18, 2021 at 10:00 AM, by providing a calling bridge to the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. (mas, ) |
| Filing 29 Letter dated 11/5/2021 by ERIK RUDJORD, ROBIN RUDJORD. (RONCA, JAMES) |
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Filing 28
ORDER THAT ALL FACT DISCOVERY SHALL BE COMPLETED NO LATER THAN OCTOBER 28, 2021. AFFIRMATIVE EXPERT REPORTS, IF ANY, ARE DUE BY NOVEMBER 19, 2021. REBUTTAL EXPERT REPORTS, IF ANY, ARE DUE BY DECEMBER 10, 2021. ALL EXPERT DISCOVERY (INCLUDING EXPERT DEPOSITIONS, IF ANY) SHALL BE COMPLETED NO LATER THAN DECEMBER 31, 2021. ALL OTHER DEADLINES PROVIDED IN THE COURTS SCHEDULING ORDER (ECF NO. 19) SHALL REMAIN IN EFFECT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/19/21. 8/19/21 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas, )
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| Filing 27 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Status Conference held on 8/17/21. (mas, ) |
| Filing 26 NOTICE of Hearing:A TELEPHONE STATUS CONFERENCE SET FOR 8/17/2021 11:00 AM BEFORE HONORABLE JOHN M. GALLAGHER.(DT) |
| Filing 25 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. A Status Conference was held via Telephone on 6/3/21 Not on the Record. (DT) |
| Filing 24 NOTICE of Withdrawal of Appearance by JAMES R. RONCA on behalf of All Plaintiffs (Attachments: #1 Certificate of Service)(RONCA, JAMES) |
| Filing 23 NOTICE of Appearance by JAMES R. RONCA on behalf of ERIK RUDJORD (Attachments: #1 Certificate of Service)(RONCA, JAMES) |
| Filing 22 CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/5/21. 5/6/21 ENTERED AND COPIES (NOT MAILED TO COUNSEL) AND E-MAILED.(er, ) |
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Filing 21
ORDER THAT THE MOTION IS GRANTED AND THIS COURT SHALL ENTER THE PROPOSED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER ATTACHED TO THE MOTION AS EXHIBIT"A." SIGNED BY HONORABLE JOHN M. GALLAGHER ON 5/5/21.5/6/21 ENTERED AND COPIES (NOT MAILED TO COUNSEL) E-MAILED.(er, ) Modified on 5/6/2021 (er, ).
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| DOC. 21 AND 22 MAILED TO COUNSEL WITHOUT EMAIL ADDRESS. (sg, ) |
| COPY OF ORDER #22 MAILED TO COUNSEL. (fdc) |
| Filing 20 MOTION for Protective Order and Confidentiality Agreement filed by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., SYNTHES (USA) PRODUCTS, LLC. Memorandum, Certificate of Service. (Attachments: #1 Exhibit Ex)(O'DONNELL, LAUREN) Modified on 5/3/2021 (tjd). |
| COPY OF DOC. NO. 19 HAS BEEN MAILED TO COUNSEL. (bw, ) |
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Filing 19
ORDER THAT FINAL PRETRIAL CONFERENCE SET FOR 5/11/2022 09:00 AM BEFORE HONORABLE JOHN M. GALLAGHER; STATUS CONFERENCE SET FOR 6/3/2021 10:30 AM BEFORE HONORABLE JOHN M. GALLAGHER; DISCOVERY DUE BY 9/28/2021; MOTION IN LIMINE DUE BY 4/15/2022; MOTION FOR SUMMARY JUDGMENT DUE BY 1/28/2022; PLAINTIFF PRETRIAL MEMO DUE BY 4/8/2022; DEFENDANT PRETRIAL MEMO DUE BY 4/8/2022; TRIAL DATE SET FOR 5/13/2022 09:00 AM BEFORE HONORABLE JOHN M. GALLAGHER; ETC. AS HEREIN. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 4/1/21. 4/1/21 ENTERED AND COPIES NOT MAILED TO ATTORNEY'S AND E-MAILED.(mas, ) Modified on 4/2/2021 (tjd). (Main Document 19 replaced on 4/2/2021) (mas, ).
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| Filing 18 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Pretrial Conference held on 4/1/21. (mas, ) |
| DOC. 17 MAILED TO COUNSEL WITHOUT EMAIL ADDRESS. (sg, ) |
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Filing 17
ORDER THAT THE APPLICATION OF, DONN ALEXANDER, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 3/19/21.3/19/21 ENTERED AND COPIES (NOT MAILED TO ATTORNEYS) E-MAILED.(er, ) Modified on 3/19/2021 (er, ).
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| Filing 16 MOTION for Pro Hac Vice of Donn Alexander ( Filing fee $ 40 receipt number 0313-14990447.) filed by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON.Declaration, Certificate of Service.(O'DONNELL, LAUREN) |
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Filing 15
ORDER THAT #14 MOTION FOR PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 3/10/21.3/10/21 ENTERED AND COPIES NOT MAILED TO ATTORNEY AND E-MAILED.(mas, )
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| PLEADING #15 MAILED TO COUNSEL WITH FORMS (JL ) |
| Filing 14 MOTION for Pro Hac Vice of Christopher Stuart ( Filing fee $ 40 receipt number 0313-14971311.) filed by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON.Declaration, Certificate of Service.(O'DONNELL, LAUREN) |
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Filing 13
ORDER THAT THE APPLICATION OF, KENNETH MOSKOW, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 2/23/21. 2/23/21 ENTERED AND COPIES MAILED TO ATTORNEY AND E-MAILED.(mas, )
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| Filing 12 MOTION for Pro Hac Vice Admission of Kenneth Moskow Pursuant to Local Rule 83.5.2(b) ( Filing fee $ 40 receipt number 0313-14934078.) filed by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC.Declaration of Kenneth Moskow and Certificate of Service.(O'DONNELL, LAUREN) |
| Filing 11 NOTICE OF INITIAL TELEPHONIC PRETRIAL CONFERENCE: Lead counsel shall appear VIA TELEPHONE for a Rule 16 conference in the above-captioned matter on Thursday, April 1, 2021 at 11:00 AM, by providing a calling bridge to the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania.(er, ) |
| Filing 10 Defendants' ANSWER to #9 Amended Complaint Second Amended Complaint by DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., SYNTHES (USA) PRODUCTS, LLC.(O'DONNELL, LAUREN) Modified on 2/12/2021 (tjd). |
| Filing 9 AMENDED COMPLAINT SECOND against All Defendants All Defendants., filed by ROBIN RUDJORD, ERIK RUDJORD. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(RONCA, JAMES) |
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Filing 8
ORDER THAT THE #5 MOTION TO WITHDRAW IS GRANTED AND DEFENDANTS' MOTION TO DISMISS IS HEREBY DEEMED WITHDRAWN WITHOUT PREJUDICE. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 1/22/21.1/25/21 ENTERED AND COPIES NOT MAILED TO UNREP AND E-MAILED.(mas, )
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| Summons Issued as to DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON and SYNTHES (USA) PRODUCTS, LLC. E-mailed to counsel on 1/15/21 (mbh, ) |
| Filing 7 AMENDED COMPLAINT against DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC, filed by ERIK RUDJORD, ROBIN RUDJORD. (Attachments: #1 Case Management Track Form, #2 Civil Cover Sheet, #3 Designation Form)(RONCA, JAMES) Modified on 1/15/2021 (tjd). |
| Filing 6 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA COUNTY. (rf, ) |
| Filing 5 First MOTION to Withdraw #4 First MOTION to Dismiss Plaintiff's Complaint Unopposed filed by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC.Certificate of Service.(O'DONNELL, LAUREN) |
| Filing 4 First MOTION to Dismiss Plaintiff's Complaint filed by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(O'DONNELL, LAUREN) Modified on 1/26/2021 (tjd, ). |
| Filing 3 NOTICE of Appearance by TERRY MATTHEW HENRY on behalf of DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC with Certificate of Service(HENRY, TERRY) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including Johnson & Johnson with Certificate of Service by DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA, DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC.(O'DONNELL, LAUREN) |
| Filing 1 NOTICE OF REMOVAL by DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA (Filing fee $ 402 receipt number 0313-14802132), filed by DEPUY SYNTHES SALES, INC., T/A DEPUY SYNTHES MITEK SPORTS MEDICINE, DEPUY SYNTHES INSTITUTE, LLC, DEPUY SYNTHES, INC., JOHNSON & JOHNSON, SYNTHES (USA) PRODUCTS, LLC, DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC. T/A DEPUY SYNTHES TRAUMA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet with Attachment, #4 Designation Form with Attachment)(O'DONNELL, LAUREN) |
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