Russell et al v. Zimmer, Inc.
Plaintiff: Dr. Thomas A. Russell, Thomas Madden, Gerard Insley, Paul Burke, Aideen Jennings, Amanda Kiely and Patrick Burke
Defendant: Zimmer, Inc.
Case Number: 2:2020cv02135
Filed: February 26, 2020
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: Mark S Norris
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2020 NOTICE re Case Transferred Out to Another District. DETAILS: Case transferred from Tennessee Western has been opened in USDC Northern Indiana as case 2:20-cv-00200, filed 05/20/2020. (jae)
May 18, 2020 Opinion or Order Filing 33 ORDER GRANTING #20 DEFENDANT ZIMMER, INC.'S MOTION TO TRANSFER VENUE. Signed by Judge Mark S. Norris on 5/18/2020. (Norris, Mark)
May 18, 2020 Case transferred to District of Northern Indiana. Original file, certified copy of transfer order, and docket sheet sent. (btg)
May 13, 2020 Filing 32 REPLY to Response to Motion re #29 Response to Motion Reply in Further Support of Defendant Zimmer, Inc.'s Motion to Transfer Venue #20 filed by Zimmer, Inc.. (Montgomery, Larry)
May 13, 2020 Opinion or Order Filing 31 ORDER GRANTING #30 DEFENDANT ZIMMER, INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY BRIEF IN FURTHER SUPPORT OF ITS MOTION TO TRANSFER VENUE. Signed by Judge Mark S. Norris on 5/13/2020. (Norris, Mark)
May 13, 2020 Filing 30 MOTION for Leave to File Unopposed Motion for Leave to File a Reply Brief in Further Support of its Motion to Transfer Venue - proposed order submitted by Zimmer, Inc.. (Attachments: #1 Exhibit A = Reply Brief in Further Support of Motion to Transfer)(Montgomery, Larry)
May 6, 2020 Filing 29 RESPONSE to Motion re #20 MOTION to Change Venue Proposed Order Submitted filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Judicial Caseload Profile)(Mischke, Philip)
April 27, 2020 Opinion or Order Filing 28 ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042720. (msn)
April 27, 2020 Opinion or Order Filing 27 ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042720. (msn)
April 27, 2020 Filing 26 MOTION for Leave to Appear Pro Hac Vice of Karl A. Schweitzer and proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing - PA Supreme, #2 Certificate of Good Standing (EDPA))(Schweitzer, Karl)
April 24, 2020 Filing 25 MOTION for Leave to Appear Pro Hac Vice of Dana Becker and proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing (PA), #2 Certificate of Good Standing (EDPA))(Becker, Dana)
April 23, 2020 Opinion or Order Filing 24 ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Mark S. Norris on 042320. (msn)
April 23, 2020 Filing 23 MOTION for Leave to Appear Pro Hac Vice of Troy S. Brown; proposed order submitted (Fee paid as part of previous filing) by Zimmer, Inc.. (Attachments: #1 Certificate of Good Standing (PA Supreme), #2 Certificate of Good Standing (EDPA))(Brown, Troy)
April 22, 2020 Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Zimmer, Inc.. (Attachments: #1 Memorandum In Support of Motion to Dismiss, #2 Affidavit Declaration of Troy S. Brown in Support of Motion to Dismiss, #3 Exhibit Exhibit A to Declaration of Troy S. Brown)(Montgomery, Larry)
April 22, 2020 Filing 21 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #17 MOTION for Leave to Appear Pro Hac Vice by Troy S. Brown proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332056) filed by Zimmer, Inc., #19 MOTION for Leave to Appear Pro Hac Vice by Karl A. Schweitzer proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332121) filed by Zimmer, Inc., #18 MOTION for Leave to Appear Pro Hac Vice by Dana E. Becker proposed order submitted (Filing fee $ 150 receipt number BTNWDC-3332082) filed by Zimmer, Inc. has been filed. However, the following deficiency has been found: Pro Hac Vice motions must be filed by the attorney(s) seeking leave from the Court. These motions will be terminated. Please refer to the #ECF User Manual and #ECF Policies and Procedures. The filer has one business day to correct the deficiency. (btg)
April 22, 2020 Filing 20 MOTION to Change Venue Proposed Order Submitted by Zimmer, Inc.. (Attachments: #1 Memorandum In Support of Motion, #2 Affidavit Declaration Troy S. Brown, #3 Exhibit 1 - To Declaration of Troy S. Brown, #4 Exhibit 2 - To Declaration of Troy S. Brown)(Montgomery, Larry)
April 22, 2020 Filing 19 MOTION for Leave to Appear Pro Hac Vice by Karl A. Schweitzer proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332121) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry)
April 22, 2020 Filing 18 MOTION for Leave to Appear Pro Hac Vice by Dana E. Becker proposed order submitted (Filing fee $ 150 receipt number BTNWDC-3332082) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry)
April 22, 2020 Filing 17 MOTION for Leave to Appear Pro Hac Vice by Troy S. Brown proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3332056) by Zimmer, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing from Supreme Court of PA, #2 Exhibit Certificate of Good Standing from USDC of PA)(Montgomery, Larry)
March 18, 2020 Opinion or Order Filing 16 ORDER GRANTING #15 DEFENDANT'S UNOPPOSED MOTION FOR ADDITIONAL TIME TO RESPOND TO PLAINTIFFS' COMPLAINT. Defendant shall have up to and including April 22, 2020, to answer, move or otherwise respond to Plaintiffs' Complaint. Signed by Judge Mark S. Norris on 03/18/2020. (Norris, Mark)
March 18, 2020 Filing 15 MOTION for Extension of Time to File Response/Reply as to #1 Complaint Proposed Order Submitted by Zimmer, Inc.. (Montgomery, Larry)
March 18, 2020 Filing 14 Corporate Disclosure Statement by Zimmer, Inc. identifying Corporate Parent Zimmer Biomet Holdings, Inc. for Zimmer, Inc... (Montgomery, Larry)
March 18, 2020 Filing 13 NOTICE of Appearance by Jeremy G. Alpert on behalf of Zimmer, Inc. (Alpert, Jeremy)
March 18, 2020 Filing 12 NOTICE of Appearance by Larry H. Montgomery on behalf of Zimmer, Inc. (Montgomery, Larry)
February 26, 2020 Filing 11 NOTICE of Appearance by Justin Edward Mitchell on behalf of All Plaintiffs (Mitchell, Justin)
February 26, 2020 Filing 10 NOTICE of Appearance by Robert F. Miller on behalf of All Plaintiffs (Miller, Robert)
February 26, 2020 Filing 9 NOTICE of Appearance by Richard D. Underwood on behalf of All Plaintiffs (Underwood, Richard)
February 26, 2020 Filing 8 Summons Issued as to Zimmer, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae)
February 26, 2020 Filing 7 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #1 Complaint filed by Aideen Jennings, Thomas Madden, Amanda Kiely, Paul Burke, Patrick Burke, Gerard Insley, Thomas A. Russell has been filed. For future reference, please note : Civil cover sheet contains wet signature of attorney. All documents filed by attorneys must contain electronic signature. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae)
February 26, 2020 Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
February 26, 2020 Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
February 26, 2020 Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
February 26, 2020 Filing 3 Judge Mark S. Norris and Magistrate Judge Charmiane G. Claxton added. (jae)
February 26, 2020 Filing 2 NOTICE of Summons by Philip E. Mischke on behalf of All Plaintiffs. (Mischke, Philip)
February 26, 2020 Filing 1 COMPLAINT against Zimmer, Inc. (Filing fee $ 400 receipt number ATNWDC-3294742), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Mischke, Philip)

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Search for this case: Russell et al v. Zimmer, Inc.
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Plaintiff: Dr. Thomas A. Russell
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Thomas Madden
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Gerard Insley
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Paul Burke
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Aideen Jennings
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Amanda Kiely
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Plaintiff: Patrick Burke
Represented By: Philip E. Mischke
Represented By: Justin Edward Mitchell
Represented By: Richard D. Underwood
Represented By: Robert F. Miller
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Defendant: Zimmer, Inc.
Represented By: Dana Elizabeth Becker
Represented By: Larry H. Montgomery
Represented By: Troy S. Brown
Represented By: Jeremy G. Alpert
Represented By: Karl Schweitzer
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