Taffurelli v. DePuy Orthopaedics, Inc. et al
| Alicia Lima Taffurelli and Kurt Taffurelli |
| DEPUY ORTHOPAEDICS, INC,, DEPUY INTERNATIONAL LIMITED, DEPUY INC, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC. and Johnson & Johnson International |
| SPECIAL MASTER |
| 5:2022cv05253 |
| December 30, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| EDWARD G SMITH |
| 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 February 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 84 Minute Entry for proceedings held before MAGISTRATE JUDGE CRAIG M. STRAW Settlement Conference held on 2/23/23. (jaa, ) |
| Filing 83 AND NOW, this 23rd day of February, 2023, it having been reported that the parties have settled the above-captioned action, and pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ORDERED that this action is DISMISSED WITH PREJUDICE, pursuant to agreement of counsel without costs. The Court shall retain jurisdiction for a period of ninety (90) days while the parties finalize the written settlement agreement. 2/23/23 ENTERED AND COPIES E-MAILED.(sres) (Main Document 83 replaced on 2/23/2023) (nd). |
| Filing 82 RESPONSE in Opposition re #81 MOTION to Transfer MOTION TO TRANSFER CASE TO THE PHILADELPHIA DIVISION AND MEMORANDUM IN SUPPORT OF MOTION filed by DEPUY INC, DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., Johnson & Johnson International. (Attachments: #1 Text of Proposed Order)(MILLER, CHANDA) |
| Filing 81 MOTION to Transfer MOTION TO TRANSFER CASE TO THE PHILADELPHIA DIVISION AND MEMORANDUM IN SUPPORT OF MOTION filed by Alicia Lima Taffurelli.Memorandum, Certificate of Service. (Attachments: #1 Certificate of Service, #2 Text of Proposed Order)(Ward, Navan) |
| Filing 80 RESPONSE in Opposition re #35 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CAUSATION OPINIONS OF JAMES REID, M.D. (Sealed pursuant to order dated 6/20/2012) PLAINTIFFS RESPONSE AND OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE CAUSATION OPINIONS OF JAMES REID, M.D. filed by Alicia Lima Taffurelli. (Attachments: #1 Certificate of Service, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)(Ward, Navan) |
| Filing 79 RESPONSE in Opposition re #42 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by DEPUY INC, DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., Johnson & Johnson International. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(MILLER, CHANDA) |
| Filing 78 RESPONSE to Motion re #41 MOTION in Limine (Omnibus) Plaintiff's Memorandum of Law in Response to Defendants' Omnibus Motion in Limine filed by Alicia Lima Taffurelli. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ward, Navan) |
Filing 77
ORDER THAT THE #74 MOTION FOR PRO HAC VICE IS GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/24/23.1/24/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas) (Main Document 77 replaced on 1/24/2023) (mas).
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Filing 76
ORDER THAT THE PLAINTIFFS MOTION FOR LEAVE TO FILE A RESPONSE TO THE MOTION TO EXCLUDE THE CAUSATION OPINIONS OF JAMES REID, M.D. (DOC. NO. #69 ) IS GRANTED; THE PLAINTIFF SHALL HAVE UNTIL FEBRUARY 6, 2023 TO FILE A RESPONSE TO THE MOTION; AND IF THE DEFENDANTS WISH TO FILE A REPLY BRIEF, THEY SHALL HAVE UNTIL FEBRUARY 21, 2023 TO FILE THE REPLY BRIEF. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/23/23.1/24/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas)
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Filing 75
ORDERED THAT A SETTLEMENT CONFERENCE WILL BE HELD ON FEBRUARY 23, 2023, AT 10:00 AM. BEFORE THE HONORABLE CRAIG M. STRAW, UNITED STATES MAGISTRATE JUDGE, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA, COURTROOM 3G AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE CRAIG M. STRAW ON 1/23/23. 1/24/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(jaa, )
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| MOTION HEARING SET FOR 3/16/2023 10:00 AM IN Holmes 4th Floor BEFORE HONORABLE EDWARD G. SMITH. (tjd) |
| Set/Reset Deadlines as to RESPONSES DUE BY 2/6/2023. REPLIES DUE BY 2/21/2023. (mas) |
| Filing 74 MOTION for Pro Hac Vice Jessica L. Brennan ( Filing fee $ 40 receipt number APAEDC-16449851.) filed by DEPUY INC, DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., Johnson & Johnson International.Certificate of Service.(MILLER, CHANDA) |
| Filing 73 NOTICE of Appearance by Cathryn Ryan on behalf of DEPUY INC, DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., Johnson & Johnson International with Certificate of Service(Ryan, Cathryn) |
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Filing 72
ORDER THAT U.S. MAGISTRATE JUDGE CRAIG M. STRAW IS REFERRED FOR A SETTLEMENT CONFERENCE SET FOR 1/23/2023 10:00 AM IN Courtroom TBD BEFORE MAGISTRATE JUDGE CRAIG M. STRAW; FINAL PRETRIAL CONFERENCE SET FOR 8/16/2023 01:30 PM IN Easton 4th Floor BEFORE HONORABLE EDWARD G. SMITH; JURY SELECTION SET FOR 9/1/2023 09:30 AM IN Courtroom TBD BEFORE HONORABLE EDWARD G. SMITH; MOTION IN LIMINE DUE BY 8/2/2023; PLAINTIFF PRETRIAL MEMO DUE BY 8/2/2023; DEFENDANT PRETRIAL MEMO DUE BY 8/2/2023; TRIAL DATE SET FOR 9/5/2023 09:00 AM IN Easton 4th Floor BEFORE HONORABLE EDWARD G. SMITH; ETC. AS HEREIN. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/23/23. 1/23/23 ENTERED AND COPIES MAILED TO COUNSEL AND E-MAILED.(mas) (mas).
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| Filing 71 Minute Entry for proceedings held before HONORABLE EDWARD G. SMITH. Telephone Conference held on 1/20/23. (mas) |
| Filing 70 Praecipe to Attach Proposed Order to Plaintiffs Motion for Leave, Filed January 20, 2022 by Alicia Lima Taffurelli, Kurt Taffurelli. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 69 MOTION for Leave to File RESPONSE TO MOTION TO EXCLUDE CAUSATION OPINIONS OF JAMES REID, M.D. filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Certificate of Service)(ANAPOL, THOMAS) |
| COPY OF DOC. NO. 68 HAS BEEN MAILED TO COUNSEL. (bw) |
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Filing 68
ORDER THAT THE APPLICATIONS (DOC. NOS. #63 , #64 , #65 , #66 , #67 ) ARE GRANTED. SIGNED BY HONORABLE EDWARD G. SMITH ON 1/19/23.1/19/23 ENTERED AND COPIES NOT MAILED TO COUNSEL AND E-MAILED.(mas)
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| Filing 67 MOTION for Pro Hac Vice Tiffany Birley ( Filing fee $ 40 receipt number APAEDC-16441348.) filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 66 MOTION for Pro Hac Vice Navan Ward ( Filing fee $ 40 receipt number APAEDC-16441319.) filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 65 MOTION for Pro Hac Vice James Lampkin ( Filing fee $ 40 receipt number APAEDC-16441200.) filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 64 MOTION for Pro Hac Vice David Byrne ( Filing fee $ 40 receipt number APAEDC-16441170.) filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 63 MOTION for Pro Hac Vice Aigner Kolom ( Filing fee $ 40 receipt number APAEDC-16441110.) filed by Alicia Lima Taffurelli, Kurt Taffurelli.Certificate of Service. (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 62 NOTICE of Appearance by EMILY B. ASHE on behalf of Alicia Lima Taffurelli, Kurt Taffurelli with Certificate of Service (Attachments: #1 Certificate of Service)(ASHE, EMILY) |
| Filing 61 NOTICE of Appearance by THOMAS R. ANAPOL on behalf of Alicia Lima Taffurelli, Kurt Taffurelli with Certificate of Service (Attachments: #1 Certificate of Service)(ANAPOL, THOMAS) |
| Filing 60 NOTICE of Appearance by CHANDA A MILLER on behalf of DEPUY INC, DEPUY INTERNATIONAL LIMITED, DEPUY ORTHOPAEDICS, INC,, JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., Johnson & Johnson International with Certificate of Service(MILLER, CHANDA) |
| Filing 59 NOTICE OF TELEPHONE CONFERENCE: Please be advised that Judge Smith has scheduled a telephone conference with respect to the above-captioned case, for FRIDAY, JANUARY 20, 2023, at 1:30 p.m. All counsel of record shall call 866-434-5269 and use pin 3623011# to enter the conference call.(sres) |
| Filing 58 Case transferred in from District of Texas Northern; Case Number 3:12-cv-03371. Original file certified copy of transfer order and docket sheet received. |
| Filing 57 (Document Restricted) Sealed Response and Objection re: #39 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 1/3/2023.] |
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Filing 56
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 1/3/2023.]
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| Filing 55 (Document Restricted) Sealed Response and Objection re: #34 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 1/3/2023.] |
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Filing 54
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 1/3/2023.]
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| Filing 53 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 30, 47] and conducting a telephonic hearing on December 29, 2022 [Dkt. 51], 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 Eastern District of Pennsylvania pursuant to the recommendation in the parties' joint status report [Dkt. 44]. The following motions are currently pending in this case: Motions to Exclude [Dkts. 31, 32, 33, 34, 35, 36]; Motion for Partial Summary Judgment [Dkt. 39]; and Motions in Limine [Dkts. 41, 42]. 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 1/3/2023.] |
| Filing 52 RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #36 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 51 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 1/3/2023.] |
| Filing 50 RESPONSE filed by Alicia Lima Taffurelli re: #31 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 49 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 1/3/2023.] |
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Filing 48
ELECTRONIC ORDER - Before the Court is Plaintiff's Motion to Amend Scheduling Order [Dkt. 21]. 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 1/3/2023.]
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| Filing 47 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 1/3/2023.] |
| Filing 46 RESPONSE filed by Alicia Lima Taffurelli, Kurt Taffurelli re: #33 (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 1/3/2023.] |
| Filing 45 RESPONSE filed by Alicia Lima Taffurelli, Kurt Taffurelli re: #32 (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 1/3/2023.] |
| Filing 44 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 1/3/2023.] |
| Filing 43 MOTION PLAINTIFFS MOTION TO EXCEED PAGE LIMIT FOR MOTION IN LIMINE re #42 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Alicia Lima Taffurelli (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 42 MOTION in Limine AND MEMORANDUM OF LAW IN SUPPORT OF MOTION IN LIMINE filed by Alicia Lima Taffurelli with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 41 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 1/3/2023.] |
| Filing 40 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 1/3/2023.] |
| Filing 39 MOTION for Partial Summary Judgment filed by Alicia Lima Taffurelli 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 1/3/2023.] |
| Filing 38 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 1/3/2023.] |
| Filing 37 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 1/3/2023.] |
| Filing 36 MOTION PLAINTIFFS MOTION TO EXCLUDE OR LIMIT DEFENSE EXPERT OPINIONS WITH MEMORANDUM OF SUPPORT filed by Alicia Lima Taffurelli, Kurt Taffurelli with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Ward, Navan)[Transferred from Texas Northern on 1/3/2023.] |
| Filing 35 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CAUSATION OPINIONS OF JAMES REID, M.D. (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 1/3/2023.] |
| Filing 34 MOTION PLANTIFFS MOTION TO EXCLUDE OR LIMIT NON-RETAINED WITNESS TESTIMONY AND MEMORANDUM IN SUPPORT OF MOTION filed by Alicia Lima Taffurelli, Kurt Taffurelli with Brief/Memorandum in Support. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 33 (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 1/3/2023.] |
| Filing 32 (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 1/3/2023.] |
| Filing 31 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 1/3/2023.] |
| Filing 30 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 1/3/2023.] |
| Filing 29 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 28], and the Court's Scheduling Order of September 16, 2022 [Dkt. 19], 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. 21] 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 1/3/2023.] |
| Filing 28 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 1/3/2023.] |
| Filing 27 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 1/3/2023.] |
| Filing 26 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 1/3/2023.] |
| Filing 25 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 1/3/2023.] |
| Filing 24 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #21 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 23 ANSWER to #20 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 1/3/2023.] |
| Filing 22 ANSWER to #20 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 1/3/2023.] |
| Filing 21 MOTION to Amend/Correct MOTION TO AMEND SCHEDULING ORDER filed by Alicia Lima Taffurelli (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) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 20 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 Kurt Taffurelli, Alicia Lima Taffurelli. 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 1/3/2023.] |
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Filing 19
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 1/3/2023.]
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Filing 18
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 1/3/2023.]
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Filing 17
ELECTRONIC ORDER - Before the Court is Plaintiff's Amended Suggestion of Death and (Unopposed) Motion for Substitution of Party Pursuant Rule 25(a)(1) of the Federal Rules of Civil Procedure, filed on September 13, 2022. The Motion is GRANTED. Alicia Lima Taffurelli as Administrator of the Estate of Kurt Anthony Taffurelli is hereby substituted in as the Proper Party Plaintiff in this case in place of Kurt Anthony Taffurelli. (Ordered by Judge Ed Kinkeade on 9/14/2022) (chmb) [Transferred from Texas Northern on 1/3/2023.]
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| Filing 16 Amended MOTION to Substitute Party AMENDED SUGGESTION OF DEATH AND MOTION FOR SUBSTITUTION OF PARTY PURSUANT TO RULE 25(a)(1) OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by Kurt Taffurelli (Attachments: #1 Exhibit(s) A - Death Certificate, #2 Exhibit(s) B - Letters of Administration, #3 Proposed Order Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 15 MOTION to Substitute Party and Suggestion of Death filed by Kurt Taffurelli (Attachments: #1 Exhibit(s) A - Death Certificate, #2 Exhibit(s) B - Letters of Administration, #3 Proposed Order Proposed Order) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 14 Joint MOTION to Stay CMO 12 OBLIGATIONS TO DECEMBER 1, 2022 filed by Kurt Taffurelli (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 13 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 1/3/2023.] |
| Filing 12 Joint MOTION to Stay CMO 12 OBLIGATIONS TO MAY 26, 2022 filed by Kurt Taffurelli (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 11 Joint MOTION to Stay CMO 12 Obligations to April 11, 2022 filed by Kurt Taffurelli (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 10 Joint STATUS REPORT AND MOTION TO STAY CMO 12 OBLIGATIONS TO MARCH 1, 2022 filed by Kurt Taffurelli. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
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Filing 9
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 1/3/2023.]
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| Filing 8 ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/12/2021. Counsel for Plaintiff and Defendant appeared via teleconference and advised the court that the parties have not reached a settlement. Pursuant to CMO 13 [Doc. 1150], the parties are directed to attend mediation within 120 days of this order \ to be scheduled via email correspondence. (James M. Stanton Special Master). (twd) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 7 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master James M. Stanton requires counsel for the parties to attend a telephonic status conference on July 12, 2021, at 9:20 a.m. Central Standard Time to receive an update from counsel on the status of the litigation and scheduling a mediation by calling 800-920-7487 and using passcode 67938884#. (James M. Stanton - Special Master.) (twd) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 6 Joint 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 1/3/2023.] |
| Filing 5 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 1/3/2023.] |
| Filing 4 NOTICE of Attorney Appearance by Michael V Powell, Seth Michael Roberts, Jessica D Miller on behalf of DePuy and Johnson and Johnson defendants. (gr) [Transferred from Texas Northern on 1/3/2023.] |
| Case reassigned to Judge Ed Kinkeade pursuant to Amended SO 3-250. Judge Jane J Boyle no longer assigned to the case. (chmb) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 3 NOTICE OF RELATED FILING filed by Kurt Taffurelli (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kurt Taffurelli. (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against DePuy Inc., DePuy International Limited, DePuy Orthopaedics, Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc. filed by Kurt Taffurelli. Summons(es) not requested at this time. 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 0539-4780311) 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) (Ward, Navan) [Transferred from Texas Northern on 1/3/2023.] |
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