Campbell et al v. DePuy Orthopaedics, Inc. et al
| Gertie F. Campbell and William J. Campbell |
| DePuy Orthopaedics Inc., Johnson & Johnson Services, Inc., Johnson & Johnson Inc, DePuy Inc, Johnson & Johnson and Johnson & Johnson International |
| Special Master |
| 3:2023cv00029 |
| January 12, 2023 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Aleta A Trauger |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
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Filing 90
NOTICE by Gertie F. Campbell, William J. Campbell re #89 Order on Motion for Partial Summary Judgment,,, of Mediation (Jones, Jon)
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Filing 89
ORDER: For the reasons set forth in the accompanying Memorandum Opinion #88 , Gertie F. Campbell and William J. Campbell's Motions for Partial Summary Judgment (Doc. Nos. #58 and #61 ) are DENIED. Within seven days of the date of this Order, the parties shall agree on a mediator, select a date for mediation and file a joint notice on the docket. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/24/2023. (mg)
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Filing 88
MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 2/24/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 87
ORDER granting #86 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Molly Flynn to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 02/18/2023. (lh)
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Filing 86
MOTION for attorney Molly Flynn to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3762048) by DePuy Inc, DePuy Orthopaedics Inc., Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc.. (Attachments: #1 Attachment Certificates of Good Standing)(Blake, Tara)
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Filing 85
NOTICE of Initial Case Management Conference by Telephone set for 3/30/2023 at 09:30 AM before Magistrate Judge Alistair Newbern. (mg)
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Filing 84
CERTIFICATE of service filed by Gertie F. Campbell, William J. Campbell re #83 Reply to Response to Motion filed by Gertie F. Campbell, William J. Campbell. (Jones, Jon)
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NOTICE TO FILER re DE#83 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (mg)
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Filing 83
REPLY to Response to re #61 MOTION for Partial Summary Judgment filed by Gertie F. Campbell, William J. Campbell. (Jones, Jon)
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Filing 82
ORDER REFERRING CASE: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. This case shall be set for trial upon completion of the initial case management conference by order of the Court in accordance with the procedures of Local Rule 16.01(h). Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/26/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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TN State Bar status verified as active for Tara L. Blake admitted to this court. (mg)
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Filing 81
ORDER OF RECUSAL: I hereby recuse myself in this case. The file shall be returned to the Clerk for reassignment to another judge. The initial case management conference scheduled before Judge Trauger on March 26, 2023 is CANCELLED. Signed by District Judge Aleta A. Trauger on 1/24/2023. (Note: Case randomly reassigned to Chief Judge Waverly D. Crenshaw, Jr by the Clerk's Office for all further proceedings.) (mg)
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Filing 80
NOTICE of Appearance by Tara L. Blake on behalf of All Defendants (Blake, Tara)
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Filing 79
NOTICE of Initial Case Management Conference set for 3/27/2023 at 02:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (mg)
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Filing 78
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg)
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Filing 77
NOTICE of Business Entity Disclosure Statement filing requirement. (mg)
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TN State Bar status verified as active for Jon Edward Jones, Patrick S. Callahan admitted to this court. (mg)
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NOTICE TO COUNSEL Michael V Powell, Jessica D Miller, Terri Bruksch, John H. Beisner, Seth Michael Roberts, James M Stanton: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 2/9/2023. (mg) Modified on 1/19/2023 (mg).
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NOTICE TO COUNSEL Michael V Powell, Jessica D Miller, Terri Bruksch, John H. Beisner, Seth Michael Roberts, James M Stanton: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 2/9/2023. (mg) Modified on 1/19/2023 (mg).
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Filing 76
Case transferred in from the District of Texas Northern; Case Number 3:11-cv-02957. Original file certified copy of transfer order and docket sheet received. Modified on 1/19/2023 (mg).
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Filing 75
CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) [Transferred from Texas Northern on 1/19/2023.]
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Interdistrict Transfer to Middle District of Tennessee; notice sent via email. All documents available electronically. If receiving court cannot upload, they should request restricted documents from this court and obtain public documents from PACER. Counsel advised to file future documents in Middle District of Tennessee. (twd) [Transferred from Texas Northern on 1/19/2023.]
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Filing 74
Joint STATUS REPORT Third filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 73
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding 16 cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified 15 cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 72
ELECTRONIC ORDER denying Motion to Disallow [Dkt. 35]; Motions for Expedited Ruling [Dkts. 36, 47]; Motion for Recusal and to Disqualify [Dkt. 43]; Motion to Lift Confidentiality Order [Dkt. 45]; Motion to Unseal [Dkt. 46], as Moot. A Suggestion of Remand shall enter requesting transfer to the appropriate District Court by separate order. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 71
(Document Restricted) Sealed Response and Objection re: #61 Motion for Partial Summary Judgment, #58 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 1/19/2023.]
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Filing 70
RESPONSE filed by Gertie F. Campbell, William J. Campbell re: #62 MOTION in Limine (omnibus), #63 MOTION in Limine (Omnibus) (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 69
RESPONSE filed by Gertie F. Campbell, William J. Campbell re: #56 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS, #57 (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) (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 68
NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 52, 65] and conducting a telephonic hearing on December 29, 2022 [Dkt. 67], 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. The following motions are currently pending in this case: Motion for Judgment on the Pleadings [Dkt. 38]; Motion to Strike [Dkt. 38]; Motions to Exclude [Dkts. 56, 57]; Motions for Partial Summary Judgment [Dkts. 58, 61]; and Motions in Limine [Dkts. 62, 63]. 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 1/19/2023.]
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Filing 67
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 1/19/2023.]
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Filing 66
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 1/19/2023.]
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Filing 65
Joint STATUS REPORT (Updated) filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 64
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 8:30 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 1/19/2023.]
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Filing 63
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 1/19/2023.]
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Filing 62
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 1/19/2023.]
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Filing 61
MOTION for Partial Summary Judgment filed by Gertie F. Campbell, William J. Campbell (Attachments: #1 Proposed Order) (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 60
Appendix in Support filed by Gertie F. Campbell, William J. Campbell re #58 MOTION for Partial Summary Judgment , #59 Brief/Memorandum in Support of Motion (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 59
Brief/Memorandum in Support filed by Gertie F. Campbell, William J. Campbell re #58 MOTION for Partial Summary Judgment (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 58
MOTION for Partial Summary Judgment filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 57
(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 1/19/2023.]
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Filing 56
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) (Beisner, John) [Transferred from Texas Northern on 1/19/2023.]
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Filing 55
ANSWER to #1 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 and Instructions 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 1/19/2023.]
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Filing 54
ANSWER to #1 Complaint, with Jury Demand filed by DePuy Inc, 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 and Instructions 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. Attorney Terri Bruksch added to party DePuy Inc(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson International (pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 53
REPLY filed by Gertie F. Campbell, William J. Campbell re: #51 Response/Objection,, #48 Response/Objection (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 52
Joint STATUS REPORT filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Inc, Johnson & Johnson International, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 51
RESPONSE AND OBJECTION filed by DePuy Inc, DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #45 MOTION Lift Confidentiality Order re #44 Brief/Memorandum in Support of Motion, #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton, #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton, #46 MOTION to Unseal Special Master Stanton's Monthly Reports re #44 Brief/Memorandum in Support of Motion, #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton (Beisner, John) [Transferred from Texas Northern on 1/19/2023.]
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Filing 50
NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 49], and the Court's Scheduling Order of September 16, 2022 [Dkt. 28], 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. Plaintiffs' Motion and Incorporated Legal Argument for the Court to Disallow Defendants' Evasion of Case-Specific Discovery [Dkt. 35] should be DENIED; Defendants' Motion for Expedited Ruling [Dkt. 36] should be DENIED as moot because an expedited ruling was obtained; and, the Plaintiffs' Motion to Strike Defendants' Answer [Dkt. 38] should be DENIED without prejudice to being re-urged if Defendants fail to amend their answers within 14 days to comply with the Federal Rules of Civil Procedure. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/19/2023.]
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Filing 49
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 1/19/2023.]
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Filing 48
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #42 Notice of Appeal, (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/19/2023.]
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Filing 47
MOTION to Expedite Rulings filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 46
MOTION to Unseal Special Master Stanton's Monthly Reports re #44 Brief/Memorandum in Support of Motion, #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 45
MOTION Lift Confidentiality Order re #44 Brief/Memorandum in Support of Motion, #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 44
Brief/Memorandum in Support filed by Gertie F. Campbell, William J. Campbell re #43 MOTION for Recusal and to Disqualify Special Master James M. Stanton (Attachments: #1 Appendix) (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 43
MOTION for Recusal and to Disqualify Special Master James M. Stanton filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 42
Appeal of Special Master's Emergency Order Regarding Discovery and Incorporated Brief by Gertie F. Campbell, William J. Campbell. Copy of NOA to be sent US Mail to parties not electronically noticed. (Jones, Jon) Modified text on 11/8/2022 (rekc). [Transferred from Texas Northern on 1/19/2023.]
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Filing 41
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 1/19/2023.]
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Filing 40
RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #38 MOTION for Judgment , Entry of, Against All Defendants MOTION to Strike #33 Answer to Amended Complaint,, #34 Answer to Amended Complaint,, (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) [Transferred from Texas Northern on 1/19/2023.]
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Filing 39
Administrative Record consisting of REPORTER'S TRANSCRIPT OF PROCEEDINGS HAD ON SUNDAY, OCTOBER 23, 2022 TELEPHONIC MOTION HEARING filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/19/2023.]
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Filing 38
MOTION for Judgment , Entry of, Against All Defendants, MOTION to Strike #33 Answer to Amended Complaint,, #34 Answer to Amended Complaint,, () filed by Gertie F. Campbell, William J. Campbell with Brief/Memorandum in Support. (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 37
The parties are DIRECTED to appear for a telephonic hearing on Sunday, October 23, 2022, at 1p central time using the following information: Call in number 800.977.8002; Passcode: 8325765# (Stanton, James M. - Special Master) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 36
MOTION DEFENDANTS MOTION FOR EXPEDITED RULING PROHIBITING THE TAKING OF SALES REPRESENTATIVE DEPOSITIONS BEFORE THE COMPLETION OF TREATING SURGEON DEPOSITIONS filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits)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 1/19/2023.]
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Filing 35
MOTION For the Court to Disallow Defendants' Evasion of Case-Specific Discovery through Means Unathorized by F.R.C.P. filed by Gertie F. Campbell, William J. Campbell with Brief/Memorandum in Support. (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 34
ANSWER to #30 Amended Complaint,, with Jury Demand filed by Johnson & Johnson Inc, 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 1/19/2023.]
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Filing 33
ANSWER to #30 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 1/19/2023.]
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Filing 32
RESPONSE filed by Gertie F. Campbell, William J. Campbell re: #31 Status Report (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 31
STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 30
AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by William J. Campbell, Gertie F. Campbell. Summons(es) not requested at this time. 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. (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 29
NOTICE of Filing Amended Complaint filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 28
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 Defendantshall 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 1/19/2023.]
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Filing 27
RESPONSE AND OBJECTION filed by Gertie F. Campbell, William J. Campbell re: #26 Status Report (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 26
STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 25
STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 24
NOTICE of Compliance with CMO 12 Obligations (Joint Notice) filed by DePuy Orthopaedics Inc, Johnson & Johnson Inc, Johnson & Johnson Services Inc (Bruksch, Terri) [Transferred from Texas Northern on 1/19/2023.]
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Filing 23
ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 7/11/2022) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 22
NOTICE of Withdrawal of Gertie F. Campbell and William J. Campbell from Mediation filed by Gertie F. Campbell, William J. Campbell (Jones, Jon) [Transferred from Texas Northern on 1/19/2023.]
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Filing 21
Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], as Special Master and Mediator, I attempted to obtain the Parties' preference for a city to attend mediation. After attempts to obtain this information were unsuccessful, the Parties were ordered to attend a telephonic status conference on Friday, March 18, 2022 at 10 a.m. Central Standard Time. Counsel for Plaintiff appeared and confirmed a date for a reconvened zoom mediation to occur in April 2022. If this reconvened mediation is not successful, the parties will reconvene in person. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 20
Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], as Special Master and Mediator, I attempted to obtain the Parties's preference for a city to attend mediation. Attempts to obtain this information from Plaintiff have been unsuccessful. Pursuant to the Courts Order Appointing Special Master [Doc. 81], the Parties are ordered to attend a telephonic status conference on Friday, March 18, 2022 at 10 a.m. Central Standard Time to provide an explanation for why Plaintiff has not responded to court-ordered attempts to schedule mediation or provided the information requested by calling 800-977-8002 and using passcode 8325765#. (James M. Stanton - Special Master.) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 19
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 1/19/2023.]
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Filing 18
ELECTRONIC Minute Entry for proceedings held before Special Master James M. Stanton: Status Conference held on 7/14/2021. 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). (cea) [Transferred from Texas Northern on 1/19/2023.]
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Filing 17
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 14, 2021, at 8:30 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.) (chmb) [Transferred from Texas Northern on 1/19/2023.]
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Filing 16
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 1/19/2023.]
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Filing 15
NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy and Johnson Defendants. (jeh) [Transferred from Texas Northern on 1/19/2023.]
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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 1/19/2023.]
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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 1/19/2023.]
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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 1/19/2023.]
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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 1/19/2023.]
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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 1/19/2023.]
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Filing 14
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 1/19/2023.]
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Filing 13
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 1/19/2023.]
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Filing 12
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 1/19/2023.]
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Filing 11
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 1/19/2023.]
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Filing 10
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 1/19/2023.]
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Filing 9
NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Orthopaedics Inc, Johnson & Johnson Services Inc, Johnson & Johnson, Inc.. (Powell, Michael) [Transferred from Texas Northern on 1/19/2023.]
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Filing 8
NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Orthopaedics Inc, Johnson & Johnson Services Inc, Johnson & Johnson, Inc.. (Roberts, Seth) [Transferred from Texas Northern on 1/19/2023.]
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Filing 7
Case electronically transferred in from District of Tennessee Middle; Case Number 2:11-cv-00108. 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. Copy of NEF to be sent US Mail to parties not electronically noticed. Modified on 10/31/2011 (jrb). [Transferred from Texas Northern on 1/19/2023.]
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Filing 6
ORDER: Pursuant to Conditional Transfer Order (CTO-34) of the Judicial Panel on Multidistrict Litigation, Docket No. 2244, this case is hereby transferred to the United States District Court for the Northern District of Texas for coordinated or consolidated pretrial proceedings. The Clerk of Court is directed to administratively close the case on the records of this Court and electronically transmit the file to the United States District Court for the Northern District of Texas. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 10/28/11. (tmw) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Filing 5
CERTIFIED COPY OF CONDITIONAL TRANFER ORDER (CTO-34) rec'd from the ND of Texas. Case is ready for closing/transfer. Proposed closing order sent to chambers for consideration this date. (af) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Filing 4
CONDITIONAL TRANSFER ORDER (CTO-34) rec'd from the MDL Judicial Panel tranferring case to the ND of Texas. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Texas.(af) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Filing 3
NOTICE of Initial Case Management Conference set for Monday 12/5/2011 at 10:30 AM in Courtroom 783 before Magistrate Judge Joe Brown. (eh) (Main Document 3 replaced on 10/14/2011) (eh). [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Filing 2
NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Bar status for attorneys Jon Edward Jones and Patrick S. Callahan of TN verified as active on this date. (eh) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Copy of complaint emailed to MDL Judicial Panel this date re: MDL 2244 IN RE: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. (af) [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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Filing 1
COMPLAINT against DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson, Inc., filed by William J. Campbell, Gertie F. Campbell.Filing fee paid $350. Summons issued. (Attachments: #1 Civil Cover Sheet, #2 Summons)(eh) (Additional attachment(s) added on 10/13/2011: #3 Attachment Cover Letter) (eh). [Transferred from Tennessee Middle on 10/31/2011.] [Transferred from Texas Northern on 1/19/2023.]
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