Peterson et al v. Johnson & Johnson Services, Inc. et al
Plaintiff: Robert Peterson and Karen Peterson
Defendant: Johnson & Johnson Services Inc, DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson and Johnson & Johnson International
Petitioner: Thomas P. Schmalzried
Special Master: Special Master
Case Number: 3:2011cv01941
Filed: August 5, 2011
Court: US District Court for the Northern District of Texas
Office: Dallas Office
County: Travis
Presiding Judge: Ed Kinkeade
Nature of Suit: Torts/Pers Inj: Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2021 Filing 403 All Exhibits were returned or destroyed after return from the 5th Circuit or otherwise. (chmb)
September 14, 2021 Filing 402 Civil Case Terminated pursuant to the Stipulation of Dismissal. (chmb)
September 14, 2021 Filing 401 STIPULATION OF DISMISSAL WITH PREJUDICE by Karen Peterson, Robert Peterson. (Steakley, Zollie)
January 30, 2019 Filing 400 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on January 30, 2019. Counsel continue examination of Dr. Antoni Nargol. Jury Trial to continue on Thursday, January 31, 2019 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Laura Fitzpatrick, and Rachel Lanier. Defense - Steve Quattlebaum, Ryan Younger, Leon Carter, Tracie Renfro, John Tull, Bob Arnett, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:11 (chmb)
January 29, 2019 Filing 399 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on January 29, 2019. Counsel continue examination of Dr. Antoni Nargol. Jury Trial to continue on Wednesday, January 30, 2019 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Laura Fitzpatrick, and Rachel Lanier. Defense - Steve Quattlebaum, Ryan Younger, Leon Carter, Tracie Renfro, John Tull, Bob Arnett, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:35 (chmb)
January 28, 2019 Filing 398 (Document Restricted) Sealed Response re: #389 Motion to Quash, (Sealed pursuant to order dated 5/7/2012) filed by Karen Peterson, Robert Peterson (Arsenault, Richard)
January 28, 2019 Filing 397 Supplemental Document by Thomas P. Schmalzried as to #389 MOTION to Quash Subpoena for Remote Trial Testimony (Further Response And Supplemental Information Re The Motion To Quash Plaintiff's Subpoena For Remote Trial Testimony And Dr. Schmalzried's Unavailability On February 1, 2019). (Norton, Chris)
January 28, 2019 Filing 396 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on January 28, 2019. Counsel continue examination of Dr. Antoni Nargol. Jury Trial to continue on Tuesday, January 29, 2019 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Laura Fitzpatrick, and Rachel Lanier. Defense - Steve Quattlebaum, Leon Carter, Tracie Renfro, John Tull, Bob Arnett, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:43 (chmb)
January 27, 2019 Filing 395 (Document Restricted) Sealed Reply re: #368 Motion to Quash, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 25, 2019 Filing 394 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on January 25, 2019. Opening Statements held. Dr. Antoni Nargol called as Plaintiffs' First witness. Jury Trial to continue on Monday, January 28, 2019 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Laura Fitzpatrick, and Rachel Lanier. Defense - Steve Quattlebaum, Leon Carter, Tracie Renfro, John Tull, Bob Arnett, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15. (chmb)
January 24, 2019 Filing 393 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 1st Day of Jury Trial Held on January 24, 2019. 9 Jurors Selected, Seated and Sworn. The Court read preliminary statements to the Jury. Trial to continue with opening statements on Friday, January 25, 2019 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Laura Fitzpatrick, Rachel Lanier, and Lisa Blue, Defense - Steve Quattlebaum, Leon Carter, Tracie Renfro, Bob Arnett, Dennis Stolle and Deirdre Kole. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 7:45. (chmb)
January 24, 2019 Filing 392 (Document Restricted) Jury Roll. (This document is for district court access only and will not be included in any ROA that may later be prepared.). (twd)
January 24, 2019 Filing 391 (Document Restricted) Sealed Response re: #368 Motion to Quash, (Sealed pursuant to order dated 5/7/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s)) (Arsenault, Richard)
January 24, 2019 Filing 390 TRIAL BRIEF ON DEFENDANTS' MOTION IN LIMINE REGARDING "POST-IMPLANT PERFORMANCE" by Karen Peterson, Robert Peterson. (Arsenault, Richard)
January 24, 2019 Filing 389 MOTION to Quash Subpoena for Remote Trial Testimony filed by Thomas P. Schmalzried with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Certificate of Conference). Party Dr. Thomas P. Schmalzried added.Attorney Chris Norton added to party Thomas P. Schmalzried(pty:mov) (Norton, Chris)
January 24, 2019 Filing 388 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/23/2019 via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 387 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/18/2019 via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 386 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/17/2019 (4 pm session) via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 385 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/17/2019 (9 am session) via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 384 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/15/2019 via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 383 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/11/2019 via telephone before Special Master James M Stanton. Court Reporter/Transcriber Cheryl Duncan, Telephone number 817-498-9990. (James M Stanton) (twd)
January 24, 2019 Filing 382 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/07/2019 via telephone before Special Master James M Stanton. Court Reporter/Transcriber Leah K Osteen Dow, Telephone number 817-498-9990. (James M Stanton) (twd)
January 23, 2019 Filing 381 MOTION in Limine TO EXCLUDE EVIDENCE RELATED TO 2019 SETTLEMENT AGREEMENTS WITH STATE ATTORNEYS GENERAL AND UNDERLYING INVESTIGATIONS filed by DePuy Orthopaedics Inc, Johnson & Johnson with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 23, 2019 Filing 380 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #368 MOTION to Quash AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO QUASH SUBPOENA SERVED ON ALEX GORSKY (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 23, 2019 Filing 379 (Document Restricted) Sealed Response re: #374 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Harburg, Stephen)
January 23, 2019 Opinion or Order Filing 378 ORDER ON MOTIONS IN LIMINE re Plaintiffs' Memorandum of Law in Support of Motion in Limine, [Aoki, 3:13cv01071-K, Doc. 385; Christopher, 3:14cv01994-K, Doc. 332; Greer, 3:12cv01672-K, Doc. 340; Klusmann, 3:11cv02800-K, Doc. 371; and Peterson, 3:11cv01941-K, Doc. 359] and Defendants Omnibus Motion in Limine, [Aoki, 3:13cv01071-K, Doc. 384; Christopher, 3:14cv01994-K, Doc. 331; Greer, 3:12cv01672-K, Doc. 339; Klusmann, 3:11cv02800-K, Doc. 370; and Peterson, 3:11cv01941-K, Doc. 358]. The Court ORDERS that parties are prohibited from presenting argument or evidence on the following matters without first requesting permission from the Court. (Ordered by Judge Ed Kinkeade on 1/23/2019) (twd) Docket text modified on 1/23/2019 (twd).
January 23, 2019 Filing 377 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #370 Notice (Other), #372 Response/Objection (Harburg, Stephen)
January 23, 2019 Filing 376 NOTICE of Attorney Appearance by Richard B Roper, III on behalf of DePuy Orthopaedics Inc, Johnson & Johnson. (Filer confirms contact info in ECF is current.) (Roper, Richard)
January 22, 2019 Filing 375 Supplemental Document by DePuy Orthopaedics Inc, Johnson & Johnson as to #369 Notice (Other), #372 Response/Objection DEFENDANTS REPLY IN SUPPORT OF REQUEST FOR LIMITING INSTRUCTIONS REGARDING WARNING AND MARKETING EVIDENCE. (Harburg, Stephen)
January 22, 2019 Filing 374 (Document Restricted) Plaintiffs' Motion to Compel Supplemental Juror Compensation (Sealed pursuant to order dated 5/7/2012) filed by Karen Peterson, Robert Peterson (Arsenault, Richard)
January 16, 2019 Filing 373 (Document Restricted) Sealed Response re: #368 Motion to Quash, (Sealed pursuant to order dated 5/7/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) APPENDIX IN SUPPORT) (Arsenault, Richard)
January 15, 2019 Filing 372 RESPONSE filed by Karen Peterson, Robert Peterson re: #370 Notice (Other), #369 Notice (Other) (Attachments: #1 Exhibit(s) Exhibit 1) (Arsenault, Richard)
January 15, 2019 Filing 371 REPLY filed by Karen Peterson, Robert Peterson re: #364 MOTION To Allow the Video Recording of Trial Testimony (Arsenault, Richard)
January 15, 2019 Filing 370 NOTICE of DEFENDANTS PROPOSED STATEMENT OF THE CASES filed by DePuy Orthopaedics Inc, Johnson & Johnson (Harburg, Stephen)
January 15, 2019 Filing 369 NOTICE of DEFENDANTS REQUEST FOR LIMITING INSTRUCTIONS REGARDING WARNING AND MARKETING EVIDENCE filed by DePuy Orthopaedics Inc, Johnson & Johnson (Harburg, Stephen)
January 14, 2019 Filing 368 MOTION to Quash AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO QUASH SUBPOENA SERVED ON ALEX GORSKY filed by DePuy Orthopaedics Inc, Johnson & Johnson with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 14, 2019 Filing 367 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #364 MOTION To Allow the Video Recording of Trial Testimony (Harburg, Stephen)
January 10, 2019 Filing 366 (Document Restricted) Sealed Response and Objection re: #358 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Conroy, Jayne)
January 10, 2019 Filing 365 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #359 (Document Restricted) Plaintiffs' Memorandum of Law in Support of Motion in Limine (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 10, 2019 Filing 364 MOTION To Allow the Video Recording of Trial Testimony filed by Karen Peterson, Robert Peterson (Attachments: #1 Memorandum in Support of Motion to Allow the Video Recording of Trial Testimony) (Arsenault, Richard)
January 10, 2019 Opinion or Order Filing 363 ORDER DENYING DEFENDANTS' MOTION TO SEVER re [Aoki, 3:13cv01071-K, Doc. 379; Christopher, 3:14cv01994-K, Doc. 326; Greer, 3:12cv01672-K, Doc. 334; Klusmann, 3:11cv02800-K, Doc. 365; and Peterson, 3:11cv01941-K, Doc. 353]. (Ordered by Judge Ed Kinkeade on 1/10/2019) (twd)
January 10, 2019 Opinion or Order Filing 362 ORDER DENYING DEFENDANTS' MOTIONS TO PARTIALLY EXCLUDE OR, IN THE ALTERNATIVE, LIMIT, THE TESTIMONY OF DOCTORS BERNARD MORREY AND MATTHEW MORREY WITHOUT PREJUDICE re [Aoki, 3:13cv01071-K, Docs. 374 and 375; Christopher, 3:14cv01994-K, Docs. 319 and 320; Greer, 3:12cv01672-K, Docs. 328 and 329; Klusmann, 3:11cv02800-K, Docs. 359 and 360; and Peterson, 3:11cv01941-K, Docs. 347 and 348]. (Ordered by Judge Ed Kinkeade on 1/10/2019) (twd)
January 10, 2019 Opinion or Order Filing 361 ORDER DENYING DEFENDANTS' MOTION TO EXCLUDE THE OPINIONS OF MR. ANTONI NARGOL REGARDING MANUFACTURING DEFECTS re [Aoki, Doc. 373; Christopher, Doc. 318; Greer, Doc. 327; Klusmann, Doc. 358; and Peterson, Doc. 346]. (Ordered by Judge Ed Kinkeade on 1/10/2019) (twd)
January 10, 2019 Opinion or Order Filing 360 ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' MANUFACTURING DEFECT CLAIMS re [Aoki, 3:13cv01071-K, Doc. 372; Christopher, 3:14cv01994-K, Doc. 317; Greer, 3:12cv01672-K, Doc. 326; Klusmann, 3:11cv02800-K, Doc. 357; and Peterson, 3:11cv01941-K, Doc. 345]. (Ordered by Judge Ed Kinkeade on 1/10/2019) (twd)
January 8, 2019 Filing 359 (Document Restricted) Plaintiffs' Memorandum of Law in Support of Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Conroy, Jayne)
January 8, 2019 Filing 358 (Document Restricted) Defendants' Omnibus Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 4, 2019 Filing 357 RESPONSE AND OBJECTION filed by Karen Peterson, Robert Peterson re: #353 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SEVER (Sealed pursuant to order dated 6/20/2012) (Conroy, Jayne)
December 17, 2018 Filing 356 (Document Restricted) Sealed Reply re: #348 Sealed and/or Ex Parte Motion, #347 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
December 17, 2018 Filing 355 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #346 MOTION DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS OF MR. ANTONI NARGOL REGARDING SUPPOSED MANUFACTURING DEFECTS IN PLAINTIFFS PINNACLE DEVICES (Harburg, Stephen)
December 17, 2018 Filing 354 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #345 (Document Restricted) DEFENDANTS MOTION AND INCORPORATED MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS MANUFACTURING DEFECT CLAIMS (Sealed pursuant to order dated 6/20/2012) (Harburg, Stephen)
December 14, 2018 Filing 353 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SEVER (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
December 5, 2018 Filing 352 RESPONSE AND OBJECTION filed by Karen Peterson, Robert Peterson re: #346 MOTION DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS OF MR. ANTONI NARGOL REGARDING SUPPOSED MANUFACTURING DEFECTS IN PLAINTIFFS PINNACLE DEVICES (Conroy, Jayne)
December 5, 2018 Filing 351 Appendix in Support filed by Karen Peterson, Robert Peterson re #350 Response/Objection, To Defendants' Motions To Partially Exclude Testimony of Bernard Morrey M.D. and Matthew Morrey, M.D. (Conroy, Jayne)
December 5, 2018 Filing 350 RESPONSE AND OBJECTION filed by Karen Peterson, Robert Peterson re: #348 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PARTIALLY EXCLUDE THE OPINIONS OF DR. MATTHEW MORREY (Sealed pursuant to order dated 6/20/2012), #347 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PARTIALLY EXCLUDE THE TESTIMONY OF DR. BERNARD MORREY (Sealed pursuant to order dated 6/20/2012) (Conroy, Jayne)
December 5, 2018 Filing 349 (Document Restricted) Sealed Response re: #345 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 5/7/2012) filed by Robert Peterson (Attachments: #1 Exhibit(s) Appendix, #2 Declaration(s), #3 Proposed Order) (Lanier, W)
November 21, 2018 Filing 348 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PARTIALLY EXCLUDE THE OPINIONS OF DR. MATTHEW MORREY (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
November 21, 2018 Filing 347 (Document Restricted) DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO PARTIALLY EXCLUDE THE TESTIMONY OF DR. BERNARD MORREY (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
November 21, 2018 Filing 346 MOTION DEFENDANTS MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE THE OPINIONS OF MR. ANTONI NARGOL REGARDING SUPPOSED MANUFACTURING DEFECTS IN PLAINTIFFS PINNACLE DEVICES filed by DePuy Orthopaedics Inc, Johnson & Johnson with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
November 21, 2018 Filing 345 (Document Restricted) DEFENDANTS MOTION AND INCORPORATED MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS MANUFACTURING DEFECT CLAIMS (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
October 29, 2018 Filing 344 RESPONSE filed by Karen Peterson, Robert Peterson re: #342 MOTION to Dismiss AND MEMORANDUM OF LAW IN SUPPORT OF PARTIAL MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINTS (Conroy, Jayne)
October 19, 2018 Filing 343 NOTICE of Attorney Appearance by J Robert Arnett, II for E. Leon Carter and Joshua J. Bennett on behalf of DePuy Orthopaedics Inc, Johnson & Johnson. (Arnett, J)
October 8, 2018 Filing 342 MOTION to Dismiss AND MEMORANDUM OF LAW IN SUPPORT OF PARTIAL MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Harburg, Stephen)
October 8, 2018 Filing 341 ANSWER to #339 Amended Complaint,, with Jury Demand filed by Johnson & Johnson. 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. (Harburg, Stephen)
October 8, 2018 Filing 340 ANSWER to #339 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. (Harburg, Stephen)
September 24, 2018 Filing 339 Second AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Karen Peterson, Robert Peterson. 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. (Conroy, Jayne) Modified on 9/25/2018 (twd).
September 13, 2018 Opinion or Order Filing 338 SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiffs by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) (twd)
May 31, 2018 Filing 337 REPLY filed by Karen Peterson, Robert Peterson re: #333 MOTION to Reopen Case and FOR ENTRY OF SCHEDULING ORDER AND TRIAL SETTING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16 (Attachments: #1 Exhibit(s) 1 - Declaration of Richard J. Arsenault, Esq., #2 Exhibit(s) 2 - Declaration of Zollie C. Steakley, Esq.) (Conroy, Jayne)
May 17, 2018 Filing 336 JUDGMENT/MANDATE of USCA(16-11051 & 17-10031) as to #301 Notice of Appeal filed by Johnson & Johnson, DePuy Orthopaedics Inc, #321 Notice of Appeal, filed by Johnson & Johnson, DePuy Orthopaedics Inc, #308 Notice of Appeal filed by Robert Peterson, Karen Peterson. Case remanded to the district court for further proceedings. Issued as Mandate: 5/17/2018. (svc)
May 17, 2018 Filing 335 Opinion of USCA in accordance with USCA judgment Notice of Appeal filed by by Jay Christopher, et al. (svc)
May 17, 2018 Filing 334 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #333 MOTION to Reopen Case and FOR ENTRY OF SCHEDULING ORDER AND TRIAL SETTING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16 (Harburg, Stephen)
April 30, 2018 Filing 333 MOTION to Reopen Case and FOR ENTRY OF SCHEDULING ORDER AND TRIAL SETTING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16 filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Lanier, W)
November 13, 2017 Thumb Drive of Exhibits transmitted to USCA5 For 16-11056 by Federal Express 770733336657 (svc)
August 10, 2017 Filing 332 Received letter from United States Court of Appeals: CLERK ORDER granting Motion of attorney Mr. Jeffrey Matthew Harris to withdraw as retained counsel for Appellants Cross-Appellees Johnson & Johnson and DePuy Orthopaedics, Incorporated. (svc)
May 2, 2017 Sealed Record on Appeal for USCA5 transmitted to Fisher, Boyd, Johnson & Huguenard LLP on disk only by FedEx (svc)
April 26, 2017 Opinion or Order Filing 331 ELECTRONIC ORDER granting (324) Motion to Unseal Document in case 3:11-cv-01941-K; granting (303) Motion to Unseal Document in case 3:12-cv-01672-K; granting (351) Motion to Unseal Document in case 3:13-cv-01071-K (Ordered by Judge Ed Kinkeade on 4/26/2017) (chmb)
April 25, 2017 Filing 330 USCA5 ORDER...IT IS ORDERED that appellants cross appellees unopposed motion to view and obtain sealed documents is GRANTED. (svc)
April 24, 2017 Filing 329 NOTICE of Non-Opposition re: #324 MOTION to Unseal Document #317 Sealed and/or Ex Parte Reply/Sur-reply filed by Johnson & Johnson, DePuy Orthopaedics Inc, #313 (Document Restricted) SEALED MOTION FOR NEW TRIAL (Sealed pursuant to order dated 6/20/2012) filed by Johnson & filed by Karen Peterson, Robert Peterson (Fisher, Wayne)
April 19, 2017 Filing 328 USCA5 COURT ORDER granting motion view and obtain sealed records filed by Appellee Ms. Margaret Aoki, Appellees Mr. Jay Christopher and Ms. Jacqueline Christopher, Appellee Mr. Donald Greer, Appellees Mr. Richard Klusmann and Ms. Susan Klusmann, Appellees Mr. Robert Peterson and Ms. Karen Peterson (svc)
April 11, 2017 Filing 327 USCA5 COURT ORDER granting appellants' unopposed motion view sealed document filed by Appellants Johnson & Johnson and DePuy Orthopaedics, Incorporated (svc)
April 7, 2017 Filing 326 United States Court of Appeal CLERK ORDER granting motion to consolidate cases filed by Appellants Johnson & Johnson and DePuy Orthopaedics, Incorporated [8466959-2] in 17-10030 [17-10030, 17-10031, 17-10032, 17-10034, 17-10035] (svc)
April 5, 2017 Filing 325 RESPONSE filed by Karen Peterson, Robert Peterson re: #324 MOTION to Unseal Document #317 Sealed and/or Ex Parte Reply/Sur-reply filed by Johnson & Johnson, DePuy Orthopaedics Inc, #313 (Document Restricted) SEALED MOTION FOR NEW TRIAL (Sealed pursuant to order dated 6/20/2012) filed by Johnson & (Lanier, W)
April 4, 2017 Filing 324 MOTION to Unseal Document #317 Sealed and/or Ex Parte Reply/Sur-reply filed by Johnson & Johnson, DePuy Orthopaedics Inc, #313 (Document Restricted) SEALED MOTION FOR NEW TRIAL (Sealed pursuant to order dated 6/20/2012) filed by Johnson & Johnson, DePuy Orthopaedics Inc, #319 Order on Sealed and/or Ex Parte Motion,,,, #316 Sealed and/or Ex Parte Response/Objection filed by Robert Peterson, Karen Peterson EXPEDITED MOTION AND SUPPORTING MEMORANDUM TO UNSEAL DOCUMENTS RELATED TO DEFENDANTS MOTION FOR A NEW TRIAL filed by DePuy Orthopaedics Inc, Johnson & Johnson with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Certificate of Conference) (Harburg, Stephen)
March 17, 2017 Filing 323 USCA5 Order The panel has considered the opposed motion of Texans for Lawsuit Reform for reconsideration. IT IS ORDERED that the motion is DENIED. (svc)
February 24, 2017 Record on Appeal for USCA5 16-11054 (related to #301 appeal): Sealed portion of ROA transmitted to The Lanier Law Firm on disk only by mail. Shipped: FedEx 7785 1104 8701. (axm)
February 22, 2017 Record on Appeal for USCA5 16-11054 (related to #301 , #308 appeal): Sealed portion of ROA transmitted to Fisher Boyd Johnson & Huguenard LLP on disk only by mail. Fed Ex 7784 8582 8674. (axm)
February 16, 2017 Opinion or Order Filing 322 ORDER of USCA as to #301 Notice of Appeal filed by Johnson & Johnson, DePuy Orthopaedics Inc, #308 Notice of Appeal filed by Robert Peterson, Karen Peterson. The unopposed motion of Jacqueline Christopher, Jay Christopher, Susan Klusmann, Richard Klusmann, Donald Greer, Karen Peterson, Robert Peterson, and Margaret Aoki to view and obtain sealed documents is GRANTED. (axm)
February 15, 2017 Supplemental Record on Appeal for USCA5 17-10035 (related to #321 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 15 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 143, 167, 193, 218, 235, 250, 251, 272, 278, 296, 298, 324, 352, 374, 412, 415, 424, 342, 440, 441, 450, 451, 452, 453, 460, 462, 464, 472, 478, 481, 482, 499, 500, 507, 513, 514, 526, 531, 532, 543, 548, 549, 557, 558, 562, 563, 564, 565, 567, 570, 571, 582, 585, 591, 592, 595, 597, 604, 605, 619, 620, 627, 633, 641, 649, 655, 663, 668, 682, 688, 689, 693, 696, 699, 706, 714, 715, 716, 725 (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm) Modified text on 2/15/2017 (axm).
February 15, 2017 Record on Appeal for USCA5 17-10035 (related to #321 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 flash drive of trial exhibits, Sealed or ex parte electronic document number(s): 6, 37, 38, 39, 44, 45, 46, 47, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 63, 64, 66, 67, 68, 70, 74, 75, 76, 77, 78, 80, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 100, 103, 105, 123, 156, 174, 191, 309, 313, 316, 317, 319 (circuit approval is required for access). PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm)
January 13, 2017 USCA Case Number 17-10035 in USCA5 for #321 Notice of Appeal filed by Johnson & Johnson, DePuy Orthopaedics Inc. (axm)
January 5, 2017 Filing 321 NOTICE OF APPEAL as to #319 Order on Sealed and/or Ex Parte Motion to the Fifth Circuit by DePuy Orthopaedics Inc, Johnson & Johnson. Filing fee $505, receipt number 0539-8114502. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Beisner, John)
December 13, 2016 Record on Appeal for USCA5 16-11051 (related to #301 , #308 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 flash drive that contains electronic copies of all trial exhibits, Sealed or ex parte electronic document number(s): 36, 37, 38, 39, 44, 45, 46, 47, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 63, 64, 66, 67, 68, 70, 74, 75, 76, 77, 78, 80, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 100, 103, 105, 123, 156, 174, 191, 309, 313, 316, 317 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm)
December 9, 2016 Opinion or Order Filing 320 ELECTRONIC ORDER - Before the Court is Plaintiff's Motion for Leave to File Plaintiffs' Sur-Reply in Further Opposition to Defendants' Motion for a New Trial. The Motion is DENIED as moot. (Ordered by Judge Ed Kinkeade on 12/9/2016) (chmb)
December 9, 2016 Opinion or Order Filing 319 (Document Restricted) SEALED ORDER DENYING DEFENDANTS' MOTION FOR NEW TRIAL. (Ordered by Judge Ed Kinkeade on 12/9/2016) (chmb)
November 29, 2016 Filing 318 MOTION for Leave to File Plaintiffs' Sur-Reply in Further Opposition to Defendants' Motion for a New Trial filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Attachments: #1 Plaintiffs' Sur-Reply in Further Opposition to Defendants' Motion for a New Trial, #2 Exhibit(s)) (Arsenault, Richard)
November 4, 2016 Filing 317 (Document Restricted) Sealed Reply re: #313 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
October 21, 2016 Filing 316 (Document Restricted) Sealed Response and Objection re: #313 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s)) (Arsenault, Richard)
October 3, 2016 Opinion or Order Filing 315 ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTION TO SEAL CERTAIN DOCUMENTS re [Aoki, 3:13-cv-1071-K, Doc. #286; Christopher, 3:14-cv-1994-K, Doc. #268; Greer, 3:12-cv-1672-K, Doc. #277; Klusmann, 3:11-cv-2800-K, Doc. #310; Peterson, 3:11-cv-1941-K, Doc. #298]. (Ordered by Judge Ed Kinkeade on 10/3/2016) (twd)
October 3, 2016 Opinion or Order Filing 314 ORDER DENYING PLAINTIFFS' MOTION TO ALTER JUDGMENT AND REINSTATE THE JURY'S FULL AWARD OF EXEMPLARY DAMAGES re [Aoki, 3:13-cv-1071-K, Doc. #294; Christopher, 3:14-cv-1994-K, Doc. #276; Greer, 3:12-cv-1672-K, Doc. #285; Klusmann, 3:11-cv-2800-K, Doc. #318; Peterson, 3:11-cv-1941-K, Doc. #306]. (Ordered by Judge Ed Kinkeade on 10/3/2016) (twd) Docket text modified on 10/3/2016 (twd).
September 30, 2016 Filing 313 (Document Restricted) SEALED MOTION FOR NEW TRIAL (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
August 16, 2016 Filing 312 REPLY filed by Karen Peterson, Robert Peterson re: #306 MOTION to Alter Judgment (Attachments: #1 Exhibit(s) A) (Fisher, Wayne)
August 5, 2016 Filing 311 Notice of Receipt of a flash drive containing all trial exhibits and demonstrative exhibits re (296 in 3:13-cv-1071-K) Notice of Appeal, (278 in 3:14-cv-1994-K) Notice of Appeal, (287 in 3:12-cv-1672-K) Notice of Appeal, (320 in 3:11-cv-2800-K) Notice of Appeal, (308 in 3:11-cv-1941-K) Notice of Appeal. [Filed Under Separate Cover - See Appeals Clerk] (axm) Modified on 8/16/2016 (axm).
August 5, 2016 Filing 310 NOTICE of Transmitting Electronic Exhibits filed by DePuy Orthopaedics Inc (Roberts, Seth)
August 5, 2016 Filing 309 (Document Restricted) Sealed Reply re: #298 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
August 3, 2016 Filing 308 NOTICE OF APPEAL to the Fifth Circuit by Karen Peterson, Robert Peterson. Filing fee $505, receipt number 0539-7773622. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Fisher, Wayne)
August 2, 2016 Filing 307 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #306 MOTION to Alter Judgment (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
August 1, 2016 Filing 306 MOTION to Alter Judgment filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Fisher, Wayne)
July 28, 2016 Opinion or Order Filing 305 ORDER of USCA as to #301 Notice of Appeal filed by Johnson & Johnson, DePuy Orthopaedics Inc. Appellants' opposed motion to consolidate cases 16-11056, 16-11051, 16-11052, 16-11053 and 16-11054 for briefing and oral argument purposes is GRANTED. (axm)
July 22, 2016 Filing 304 RESPONSE filed by Karen Peterson, Robert Peterson re: #298 MOTION TO SEAL CERTAIN DOCUMENTS (Conroy, Jayne)
July 21, 2016 Filing 303 NOTICE of Notice Regarding Trial Exhibits filed by DePuy Orthopaedics Inc (Roberts, Seth)
July 14, 2016 USCA Case Number 16-11054 in USCA5 for #301 Notice of Appeal filed by Johnson & Johnson, DePuy Orthopaedics Inc. (axm)
July 13, 2016 Filing 302 Transcript Order Form: transcript requested by DePuy Orthopaedics Inc for Complete Trial Transcript (Court Reporter: Pamela Wilson.) Payment method: Private Funds - Requester has paid or will pay as directed by the reporter. (Roberts, Seth)
July 6, 2016 Filing 301 NOTICE OF APPEAL as to #299 Judgment,, to the Fifth Circuit by DePuy Orthopaedics Inc, Johnson & Johnson. Filing fee $505, receipt number 0539-7708906. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Beisner, John)
July 5, 2016 Opinion or Order Filing 300 ELECTRONIC ORDER - Pursuant to the Judgment issued on July 5, 2016, the Court hereby DENIES the #274 RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE; GRANTS the #275 MOTION TO APPLY THE MANDATORY CAP ON EXEMPLARY DAMAGES; DENIES the #276 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS DESIGN DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED; DENIES the #277 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS; DENIES the #278 MOTION JOHNSON & JOHNSONS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW; DENIES the #279 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS FAILURE-TO-WARN CLAIMS; DENIES the #280 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS FOR EXEMPLARY DAMAGES; DENIES the #281 MOTION for New Trial On All Issues. (Ordered by Judge Ed Kinkeade on 7/5/2016) (chmb)
July 5, 2016 Opinion or Order Filing 299 FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Robert Peterson against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally, in the amounts described below. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd)
July 1, 2016 Filing 298 MOTION TO SEAL CERTAIN DOCUMENTS filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
May 5, 2016 Filing 297 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #280 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS FOR EXEMPLARY DAMAGES (Harburg, Stephen)
May 5, 2016 Filing 296 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #275 MOTION TO APPLY THE MANDATORY CAP ON EXEMPLARY DAMAGES (Harburg, Stephen)
May 5, 2016 Filing 295 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #281 MOTION for New Trial On All Issues (Harburg, Stephen)
May 5, 2016 Filing 294 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #274 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE (Harburg, Stephen)
May 5, 2016 Filing 293 REPLY filed by Johnson & Johnson re: #278 MOTION JOHNSON & JOHNSONS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (Harburg, Stephen)
May 5, 2016 Filing 292 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #279 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS FAILURE-TO-WARN CLAIMS (Harburg, Stephen)
May 5, 2016 Filing 291 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #277 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS (Harburg, Stephen)
May 5, 2016 Filing 290 REPLY filed by DePuy Orthopaedics Inc, Johnson & Johnson re: #276 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS DESIGN DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED (Harburg, Stephen)
April 21, 2016 Filing 289 RESPONSE filed by Karen Peterson, Robert Peterson re: #276 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS DESIGN DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED (Lanier, W)
April 21, 2016 Filing 288 RESPONSE filed by Karen Peterson, Robert Peterson re: #274 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE (Lanier, W)
April 21, 2016 Filing 287 RESPONSE filed by Karen Peterson, Robert Peterson re: #275 MOTION TO APPLY THE MANDATORY CAP ON EXEMPLARY DAMAGES (Lanier, W)
April 21, 2016 Filing 286 RESPONSE filed by Karen Peterson, Robert Peterson re: #281 MOTION for New Trial On All Issues (Arsenault, Richard)
April 21, 2016 Filing 285 RESPONSE filed by Karen Peterson, Robert Peterson re: #279 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS FAILURE-TO-WARN CLAIMS (Arsenault, Richard)
April 21, 2016 Filing 284 RESPONSE filed by Karen Peterson, Robert Peterson re: #280 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS FOR EXEMPLARY DAMAGES (Lanier, W)
April 21, 2016 Filing 283 RESPONSE filed by Karen Peterson, Robert Peterson re: #278 MOTION JOHNSON & JOHNSONS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW (Lanier, W)
April 21, 2016 Filing 282 RESPONSE filed by Karen Peterson, Robert Peterson re: #277 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS (Lanier, W)
March 31, 2016 Filing 281 MOTION for New Trial On All Issues filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 280 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS FOR EXEMPLARY DAMAGES filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 279 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS FAILURE-TO-WARN CLAIMS filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 278 MOTION JOHNSON & JOHNSONS RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW filed by Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 277 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 276 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS DESIGN DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 275 MOTION TO APPLY THE MANDATORY CAP ON EXEMPLARY DAMAGES filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 31, 2016 Filing 274 MOTION RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE filed by DePuy Orthopaedics Inc, Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 17, 2016 Filing 273 Court's Charge and Jury Verdict. (twd)
March 17, 2016 Filing 272 Jury Notes #1-3. (twd)
March 17, 2016 Filing 271 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb)
March 16, 2016 Filing 270 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb)
March 15, 2016 Filing 269 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb)
March 14, 2016 Filing 268 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb)
March 11, 2016 Filing 267 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb).
March 10, 2016 Filing 266 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb)
March 10, 2016 Filing 265 Court's Supplemental Electronic Exhibit List from Jury Trial Starting on 1/8/2016. Plaintiffs' Exhibits S-1, S-2, and S-3, admitted per Stipulations on the Record at the conclusion of trial. (chmb)
March 10, 2016 Filing 264 Court's Exhibit List from Trial starting on 1/08/2016. (twd)
March 10, 2016 Filing 263 Court's Demonstrative Exhibit List from Trial starting on 1/08/2016. (twd)
March 10, 2016 Opinion or Order Filing 262 AMENDED ORDER DENYING DEFENDANTS' MOTIONS FOR MISTRIAL in Case 3:13-cv-1071-K. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 261 ELECTRONIC ORDER - Before the Court is Defendants' Motion to Bar Evidence, Argument, or Questioning Based on a Theory That Defendants Withheld Information From or Defrauded the FDA, Pursuant to 501(K) Preemption Under Buckman, filed on March 3, 2016. The Motion was DENIED on the record at trial. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 260 ELECTRONIC ORDER - Before the Court is the Defendants' Motion Renewing Request for Plaintiffs' Mental Health Records, filed on February 28, 2016. The Motion was DENIED on the record at trial, and the mental-health records for Plaintiff Klusmann shall be preserved in camera under seal in a sealed envelope, and shall remain as an exhibit for any appellate purposes. Neither party shall have access to these records absent an order from this Court or an Appellate Court. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 259 ELECTRONIC ORDER: Before the Court is Defendants Motion To Quash Document Subpoenas Directed to Dr. Cato Laurencin and Dr. Donald Belsito, filed on February 1, 2016. The Motion is DENIED as moot because the Court is advised that the subpoenas described in the motion have been withdrawn. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 258 ORDER DENYING DEFENDANTS' MOTION TO PERMIT THE INTRODUCTION OF DR. JOHN IRVINGS DEPOSITION TESTIMONY. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 257 ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANTS' MOTIONS RELATED TO TRIAL TESTIMONY OF NON-RETAINED TESTIFYING EXPERTS. See order for specifics. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 256 ORDER DENYING MOTIONS FOR JUDGMENT AS A MATTER OF LAW. See order for specifics. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Opinion or Order Filing 255 ORDER DENYING DEFENDANTS' MOTIONS FOR MISTRIAL - See Order for Specifics. (Ordered by Judge Ed Kinkeade on 3/10/2016) (chmb)
March 10, 2016 Filing 254 Certification of Trial Exhibits by counsel for plaintiffs and counsel for defendants. (twd)
March 10, 2016 Filing 253 Certification of Trial Exhibits by counsel for plaintiffs and counsel for defendants. (twd)
March 10, 2016 Opinion or Order Filing 252 AGREED ORDER: Pursuant to an agreement reached by the parties regarding presentation of the evidence, the Court ORDERS as follows. (Ordered by Judge Ed Kinkeade on 3/10/2016) (twd)
March 10, 2016 Filing 251 Brief/Memorandum in Support filed by Karen Peterson, Robert Peterson re #229 MOTION for Judgment as a Matter of Law on Defendants' Affirmative Defense of Limitations (Lanier, W)
March 9, 2016 Filing 250 MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS FOR EXEMPLARY DAMAGES AND REQUEST TO SET ASIDE THE CAP ON EXEMPLARY DAMAGES filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
March 9, 2016 Filing 249 RESPONSE filed by Karen Peterson, Robert Peterson re: #238 MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS (Attachments: #1 Exhibit A, #2 Exhibit B) (Lanier, W)
March 9, 2016 Filing 248 RESPONSE filed by Karen Peterson, Robert Peterson re: #245 MOTION FOR JUDGMENT AS A MATTER OF LAW BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE (Lanier, W)
March 9, 2016 Filing 247 RESPONSE filed by Karen Peterson, Robert Peterson re: #231 MOTION for Judgment AS A MATTER OF LAW ON PLAINTIFFS CLAIMS BASED ON AN ALLEGED FEAR OR RISK OF CANCER OR OTHER SYSTEMIC HARM (Lanier, W)
March 9, 2016 Filing 246 RESPONSE filed by Karen Peterson, Robert Peterson re: #232 MOTION FOR A MISTRIAL WITH RESPECT TO CROSS-EXAMINATION OF DR. ROGER EMERSON (Lanier, W)
March 9, 2016 Filing 245 MOTION FOR JUDGMENT AS A MATTER OF LAW BASED ON SECTION 82.008(c) OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 9, 2016 Filing 244 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #229 MOTION for Judgment as a Matter of Law on Defendants' Affirmative Defense of Limitations (Harburg, Stephen)
March 9, 2016 Filing 243 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb)
March 9, 2016 Filing 242 OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #233 Order,, (Powell, Michael)
March 9, 2016 Filing 241 MOTION FOR JUDGMENT AS A MATTER OF LAW ON PLAINTIFFS CLAIMS SOUNDING IN FAILURE TO WARN, MISREPRESENTATION OR OMISSION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
March 9, 2016 Filing 240 OBJECTION filed by Karen Peterson, Robert Peterson re: #233 Order,, (Arsenault, Richard)
March 9, 2016 Filing 239 MOTION FOR JUDGMENT AS A MATTER OF LAW filed by Johnson & Johnson (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 9, 2016 Filing 238 MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO PLAINTIFFS DESIGN DEFECT CLAIMS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 9, 2016 Filing 237 RESPONSE filed by Karen Peterson, Robert Peterson re: #230 MOTION for Judgment AS A MATTER OF LAW ON PLAINTIFFS DESIGN-DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED (Arsenault, Richard)
March 9, 2016 Filing 236 NOTICE of Defendants' Offer of Proof filed by DePuy Orthopaedics Inc (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4 part 1 of 2, #5 Exhibit(s) 4 part 2 of 2, #6 Exhibit(s) 5, #7 Exhibit(s) 6 part 1 of 2, #8 Exhibit(s) 6 part 2 of 2, #9 Exhibit(s) 7 part 1 of 2, #10 Exhibit(s) 7 part 2 of 2, #11 Exhibit(s) 8 part 1 of 3, #12 Exhibit(s) 8 part 2 of 3, #13 Exhibit(s) 8 part 3 of 3, #14 Exhibit(s) 9 part 1 of 4, #15 Exhibit(s) 9 part 2 of 4, #16 Exhibit(s) 9 part 3 of 4, #17 Exhibit(s) 9 part 4 of 4) (Powell, Michael)
March 9, 2016 Filing 235 ***WITHDRAWN per #252 Order*** NOTICE of Offer of Proof re Deposition of John Irving filed by DePuy Orthopaedics Inc (Attachments: #1 Exhibit(s) Exhibit 1) (Powell, Michael) Modified on 3/10/2016 (twd).
March 9, 2016 Filing 234 OBJECTION filed by Karen Peterson, Robert Peterson re: #233 Order,, (Arsenault, Richard)
March 9, 2016 Opinion or Order Filing 233 ORDER ON JURY CHARGE AND VERDICT FORM - After conducting an informal charge conference with the parties and reviewing their submissions related to proposed jury charges, verdict forms, objections, submissions, and briefing, the parties are ORDERED to review the attached proposed Court's Charge to the Jury and file any objections or submissions by 5:00 p.m. on March 9, 2016. (Signed by James M. Stanton, Court-Appointed Special Master on 3/9/2016) (Attachments: #1 Proposed Court's Charge to the Jury) (chmb)
March 9, 2016 Filing 232 MOTION FOR A MISTRIAL WITH RESPECT TO CROSS-EXAMINATION OF DR. ROGER EMERSON filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 9, 2016 Filing 231 MOTION for Judgment AS A MATTER OF LAW ON PLAINTIFFS CLAIMS BASED ON AN ALLEGED FEAR OR RISK OF CANCER OR OTHER SYSTEMIC HARM filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 9, 2016 Filing 230 MOTION for Judgment AS A MATTER OF LAW ON PLAINTIFFS DESIGN-DEFECT CLAIMS ON THE GROUND THAT THEY ARE PREEMPTED filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
March 8, 2016 Filing 229 MOTION for Judgment as a Matter of Law on Defendants' Affirmative Defense of Limitations filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Arsenault, Richard)
March 8, 2016 Filing 228 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb)
March 7, 2016 Filing 227 NOTICE of DEFENDANTS OBJECTIONS TO THE SPECIAL MASTERS RULING BARRING CERTAIN TESTIMONY OF DRS. THOMAS FEHRING AND WILLIAM GRIFFIN filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
March 7, 2016 Filing 226 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb)
March 7, 2016 Filing 225 RESPONSE filed by Karen Peterson, Robert Peterson re: #219 Proposed Jury Charge/Instructions (Arsenault, Richard)
March 7, 2016 Filing 224 RESPONSE filed by Karen Peterson, Robert Peterson re: #208 MOTION DEFENDANTS RENEWED MOTION FOR MISTRIAL REGARDING IMPROPER REFERENCES TO CANCER (Arsenault, Richard)
March 6, 2016 Filing 223 RESPONSE filed by Karen Peterson, Robert Peterson re: #207 MOTION FOR A MISTRIAL REGARDING IMPROPER CROSS-EXAMINATION OF DR. EDWARD BOYER (Arsenault, Richard)
March 6, 2016 Filing 222 NOTICE of PLAINTIFFS' OBJECTION TO THE TESTIMONY OF GRAHAM ISAAC PH.D. BY DEPOSITION filed by Karen Peterson, Robert Peterson (Arsenault, Richard)
March 4, 2016 Filing 221 RESPONSE filed by Karen Peterson, Robert Peterson re: #210 Proposed Jury Charge/Instructions (Attachments: #1 Exhibit A) (Fisher, Wayne)
March 3, 2016 Filing 220 RESPONSE filed by Karen Peterson, Robert Peterson re: #212 MOTION to Bar Evidence, Argument, or Questioning Based on a Theory that Defendants Withheld Information from or Defrauded the FDA, Pursuant to 510(K) Preemption Under Buckman (Arsenault, Richard)
March 2, 2016 Filing 219 Proposed Jury Instructions filed by DePuy Orthopaedics Inc. (Roberts, Seth)
March 2, 2016 Filing 218 RESPONSE AND OBJECTION filed by Karen Peterson, Robert Peterson re: #211 Proposed Jury Charge/Instructions (Arsenault, Richard)
March 2, 2016 Filing 217 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc re: #210 Proposed Jury Charge/Instructions (Roberts, Seth)
March 2, 2016 Filing 216 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called as Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb)
March 1, 2016 Filing 215 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb)
March 1, 2016 Filing 214 RESPONSE filed by Karen Peterson, Robert Peterson re: #206 MOTION RENEWING REQUEST FOR PLAINTIFFS MENTAL HEALTH RECORDS (Arsenault, Richard)
March 1, 2016 Filing 213 RESPONSE AND OBJECTION filed by Karen Peterson, Robert Peterson re: #205 MOTION FOR MORE TIME TO PRESENT THEIR DEFENSE (Arsenault, Richard)
March 1, 2016 Filing 212 MOTION to Bar Evidence, Argument, or Questioning Based on a Theory that Defendants Withheld Information from or Defrauded the FDA, Pursuant to 510(K) Preemption Under Buckman filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Powell, Michael)
February 29, 2016 Filing 211 Proposed Jury Instructions filed by DePuy Orthopaedics Inc. (Roberts, Seth)
February 29, 2016 Filing 210 Proposed Jury Charge filed by Karen Peterson, Robert Peterson. (Arsenault, Richard)
February 29, 2016 Filing 209 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called as Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb).
February 29, 2016 Filing 208 MOTION DEFENDANTS RENEWED MOTION FOR MISTRIAL REGARDING IMPROPER REFERENCES TO CANCER filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
February 29, 2016 Filing 207 MOTION FOR A MISTRIAL REGARDING IMPROPER CROSS-EXAMINATION OF DR. EDWARD BOYER filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
February 28, 2016 Filing 206 MOTION RENEWING REQUEST FOR PLAINTIFFS MENTAL HEALTH RECORDS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
February 28, 2016 Filing 205 ***WITHDRAWN per #252 Order*** MOTION FOR MORE TIME TO PRESENT THEIR DEFENSE filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) Modified on 3/10/2016 (twd).
February 26, 2016 Opinion or Order Filing 204 ORDER ON JURY CHARGE AND VERDICT FORM - Pursuant to the Court's July 13, 2015, Scheduling Order, the parties are ORDERED to (1) file their proposed jury charge and verdict form by February 29, 2016, and (2) file any objections, submissions, or briefing regarding the jury charge and verdict form by March 2, 2016. For each proposed definition, instruction, and question, the parties are further ORDERED to cite any applicable pattern jury instruction, statute, or case law authority in their respective submissions. (Signed by James M. Stanton, Court-Appointed Special Master on 2/26/2016) (chmb)
February 25, 2016 Filing 203 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb)
February 25, 2016 Filing 202 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #191 (Document Restricted) DEFENDANTS MOTION TO PERMIT THE INTRODUCTION OF DR. JOHN IRVINGS DEPOSITION TESTIMONY (Sealed pursuant to order dated 6/20/2012) (Harburg, Stephen)
February 24, 2016 Filing 201 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb)
February 24, 2016 Filing 200 RESPONSE filed by Karen Peterson, Robert Peterson re: #191 (Document Restricted) DEFENDANTS MOTION TO PERMIT THE INTRODUCTION OF DR. JOHN IRVINGS DEPOSITION TESTIMONY (Sealed pursuant to order dated 6/20/2012) (Arsenault, Richard)
February 24, 2016 Opinion or Order Filing 199 ORDER - Before the Court is Plaintiffs' Omnibus Motion to Compel Supplementation of Responses to Deposition Notices with Duces Tecum [Aoki (3:13-cv-1071-K) Doc. 181, Christopher (3:14-cv-1994-K) Doc. 163, Greer (3:12-cv-1672-K) Doc. 169, Klusmann (3:11-cv-2800-K) Doc. 202, and Peterson (3:11-cv-1941-K) Doc. 193]. The motion is GRANTED and any party offering expert testimony at trial is ORDERED to supplement prior responses to deposition notices with duces tecum at least 48 hours prior to calling the witness to testify. (Ordered by Judge Ed Kinkeade on 2/24/2016) (chmb)
February 24, 2016 Opinion or Order Filing 198 ORDER - Before the Court is Defendants' Motion for Mistrial [Aoki (3:13-cv-1071-K) Doc. 159, Christopher (3:14-cv-1994-K) Doc. 141, Greer (3:12-cv-1672-K) Doc. 147, Klusmann (3:11-cv-2800-K) Doc. 180, and Peterson (3:11-cv-1941-K) Doc. 171]. The motion is DENIED. (Ordered by Judge Ed Kinkeade on 2/24/2016) (chmb)
February 24, 2016 Filing 197 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #193 MOTION to Compel SUPPLEMENTATION OF RESPONSES TO DEPOSITION NOTICES WITH DUCES TECUM (Harburg, Stephen)
February 23, 2016 Filing 196 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb)
February 23, 2016 Opinion or Order Filing 195 ORDER DENYING MOTIONS RELATED TO WITNESSES NOT BEING CALLED AT TRIAL - Before the Court are Defendants Motion to Strike Dr. Nicholas Jewells Third Supplemental Expert Report [Aoki (3:13-cv-1071-K) Doc. 84, Christopher (3:14-cv-1994-K) Doc. 72, Greer (3:12-cv-1672-K) Doc. 78, Klusmann (3:11-cv-2800-K) Doc. 103, and Peterson (3:11-cv-1941-K) Doc. 95], Plaintiffs Motion to Exclude Opinions and Testimony of Hugh U. Cameron, MB, CHB, FRCSC [Aoki (3:13-cv-1071-K) Doc. 92, Christopher (3:14-cv-1994-K) Doc. 79, Greer (3:12-cv-1672-K) Doc. 85, Klusmann (3:11-cv-2800-K) Doc. 111, and Peterson (3:11-cv-1941-K) Doc. 103], and Defendants Motion to Exclude Expert Testimony of Dr. Kurt Kitzinger [Aoki (3:13-cv-1071-K) Doc. 144, Christopher (3:14-cv-1994-K) Doc. 125, Greer (3:12-cv-1672-K) Doc. 131, Klusmann (3:11-cv-2800-K) Doc. 164, and Peterson (3:11-cv-1941-K) Doc. 155]. The parties have advised the Court that Dr. Jewell, Mr. Cameron, and Dr. Kitzinger will not testify at trial; accordingly, the motions are DENIED as moot without prejudice to being re-urged in the event the parties later determine the witnesses will be called to testify at trial. (Ordered by Judge Ed Kinkeade on 2/23/2016) (chmb)
February 23, 2016 Filing 194 OBJECTION filed by Karen Peterson, Robert Peterson re: #171 MOTION for Mistrial (Arsenault, Richard)
February 22, 2016 Filing 193 MOTION to Compel SUPPLEMENTATION OF RESPONSES TO DEPOSITION NOTICES WITH DUCES TECUM filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Arsenault, Richard)
February 22, 2016 Filing 192 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb)
February 22, 2016 Filing 191 (Document Restricted) DEFENDANTS MOTION TO PERMIT THE INTRODUCTION OF DR. JOHN IRVINGS DEPOSITION TESTIMONY (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 21, 2016 Filing 190 MOTION to Quash Subpoenas filed by DePuy Orthopaedics Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C) (Roberts, Seth)
February 17, 2016 Filing 189 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb)
February 17, 2016 Filing 188 SPECIAL MASTER'S ORDER ON JAMES LANCASTER DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 2/17/2016) (chmb)
February 17, 2016 Filing 187 SPECIAL MASTER'S ORDER ON FRANK BONO DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 2/17/2016) (chmb)
February 16, 2016 Filing 186 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb)
February 15, 2016 Filing 185 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #177 Notice (Other), (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 15, 2016 Filing 184 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #180 Notice (Other), (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 15, 2016 Filing 183 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #176 MOTION TO ALLOW THE USE OF VIDEOTAPED DEPOSITIONS OF DRS. BARRETT, FEHRING, GRIFFIN, AND KINDSFATER AT TRIAL (Harburg, Stephen)
February 13, 2016 Filing 182 RESPONSE filed by Karen Peterson, Robert Peterson re: #173 MOTION for Reconsideration WITH RESPECT TO DEFENDANTS NON RETAINED DESIGN SURGEONS (Arsenault, Richard)
February 12, 2016 Filing 181 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb)
February 12, 2016 Filing 180 NOTICE of PLAINTIFFS TRIAL OBJECTIONS TO THE TESTIMONY OF DEFENDANTS UNRETAINED EXPERT JIM LANCASTER UNTIL DEFENDANTS HAVE COMPLIED WITH THE COURTS FEBRUARY 4, 2016 ORDER filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit A) (Arsenault, Richard)
February 11, 2016 Filing 179 RESPONSE filed by Karen Peterson, Robert Peterson re: #176 MOTION TO ALLOW THE USE OF VIDEOTAPED DEPOSITIONS OF DRS. BARRETT, FEHRING, GRIFFIN, AND KINDSFATER AT TRIAL (Arsenault, Richard)
February 11, 2016 Filing 178 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb)
February 11, 2016 Filing 177 NOTICE of PLAINTIFFS TRIAL OBJECTIONS TO THE TESTIMONY OF DEFENDANTS UNRETAINED EXPERTS UNTIL THEY HAVE COMPLIED WITH THE COURTS FEBRUARY 4, 2016 ORDER filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit A) (Arsenault, Richard)
February 10, 2016 Filing 176 ***WITHDRAWN per #252 Order*** MOTION TO ALLOW THE USE OF VIDEOTAPED DEPOSITIONS OF DRS. BARRETT, FEHRING, GRIFFIN, AND KINDSFATER AT TRIAL filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen) Modified on 3/10/2016 (twd).
February 9, 2016 Filing 175 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb)
February 9, 2016 Filing 174 (Document Restricted) DEFENDANTS OBJECTIONS TO THE SPECIAL MASTERS ORDER ON DEPOSITION DESIGNATIONS AND OBJECTIONS INVOLVING DR. JOHN IRVINGS HIP IMPLANTS (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 9, 2016 Filing 173 MOTION for Reconsideration WITH RESPECT TO DEFENDANTS NON RETAINED DESIGN SURGEONS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 8, 2016 Filing 172 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb)
February 8, 2016 Filing 171 MOTION for Mistrial filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
February 8, 2016 Filing 170 SPECIAL MASTER'S ORDER ON WILLIAM GRIFFIN DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 2/8/2016. (chmb)
February 8, 2016 Filing 169 OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #85 (Document Restricted) Defendants' Sealed Omnibus Motion in Limine (Sealed pursuant to order dated 6/20/2012) (Powell, Michael)
February 5, 2016 Filing 168 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb)
February 4, 2016 Filing 167 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb)
February 3, 2016 Filing 166 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb)
February 3, 2016 Filing 165 SPECIAL MASTER'S ORDER ON EUGENE P. SCHOCH, III DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 2/3/2016) (chmb)
February 3, 2016 Filing 164 SPECIAL MASTER'S ORDER ON JOHN C. PEARCE DEPOSITION DESIGNATIONS AND OBJECTIONS Signed by James M. Stanton, Court-Appointed Special Master on 2/3/2016) (chmb)
February 3, 2016 Filing 163 SPECIAL MASTER'S ORDER ON JOHN IRVING DEPOSITION DESIGNATIONS AND OBJECTIONS (Signed by James M. Stanton, Court-Appointed Special Master on 2/3/2016) (chmb)
February 2, 2016 Filing 162 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb)
February 2, 2016 Filing 161 NOTICE of PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTION TO DR. NICHOLAS ATHANASOUS USE OF A MICROSCOPE IN OPEN COURT filed by Karen Peterson, Robert Peterson (Arsenault, Richard)
February 2, 2016 Filing 160 RESPONSE filed by Karen Peterson, Robert Peterson re: #158 Response/Objection, (Arsenault, Richard)
February 1, 2016 Filing 159 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb)
February 1, 2016 Filing 158 OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #47 (Document Restricted) Sealed MOTION TO EXCLUDE DR. GREG HALLMANS OPINIONS AND TESTIMONY (Sealed pursuant to order dated 6/20/2012) (Powell, Michael)
February 1, 2016 Filing 157 ***Disregard per attorney*** OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #36 (Document Restricted) Motion to Compel Dr. David Egilman to Answer Questions Regarding Whether He Has a Hip Implant (Sealed pursuant to order dated 6/20/2012) (Powell, Michael) Modified on 2/1/2016 (sss).
January 31, 2016 Filing 156 (Document Restricted) Sealed Response re: #153 Motion for Miscellaneous Relief, (Sealed pursuant to order dated 5/7/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Arsenault, Richard)
January 31, 2016 Filing 155 MOTION TO EXCLUDE EXPERT TESTIMONY OF DR. KURT KITZIGER filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
January 31, 2016 Filing 154 NOTICE of OPPOSITION TO ENTRY OF A MISSING WITNESS INSTRUCTION AND MOTION TO EXCLUDE IMPROPER QUESTIONING ABOUT, OR REFERENCES TO, DR. SCHMALZRIEDS SUPPOSED ABSENCE FROM TRIAL filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 31, 2016 Filing 153 MOTION TO EXCLUDE CERTAIN EXPERT TESTIMONY OF PLAINTIFFS TREATING PHYSICIANS filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 29, 2016 Filing 152 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb)
January 29, 2016 Filing 151 OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: Introduction of Christina Egan's Deposition Testimony. (twd)
January 28, 2016 Filing 150 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb)
January 27, 2016 Filing 149 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb)
January 27, 2016 Filing 148 RESPONSE filed by Karen Peterson, Robert Peterson re: #146 MOTION TO EXCLUDE EXPERT TESTIMONY OF DR. BERNARD F. MORREY (Arsenault, Richard)
January 27, 2016 Filing 147 NOTICE of DEFENDANTS OBJECTIONS TO SPECIAL MASTER RULINGS REGARDING DEPOSITION DESIGNATIONS re: #143 Order, #140 Order, #144 Order, #136 Order filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Appendix A -- Kindsfater, #2 Additional Page(s) Appendix B -- Lancaster, #3 Additional Page(s) Appendix C -- Schmalzried, #4 Additional Page(s) Appendix D - Tigges) (Harburg, Stephen)
January 26, 2016 Filing 146 MOTION TO EXCLUDE EXPERT TESTIMONY OF DR. BERNARD F. MORREY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 26, 2016 Filing 145 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb)
January 26, 2016 Filing 144 SPECIAL MASTER'S ORDER ON STEVEN LANCASTER DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 1/26/2016) (chmb)
January 26, 2016 Filing 143 SPECIAL MASTER'S ORDER ON THOMAS P. SCHMALZRIED DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 1/26/2016) (chmb)
January 25, 2016 Filing 142 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb)
January 22, 2016 Filing 141 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb)
January 22, 2016 Filing 140 SPECIAL MASTER'S ORDER ON RUSSELL TIGGES DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 1/20/2016) (chmb)
January 21, 2016 Filing 139 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb)
January 21, 2016 Opinion or Order Filing 138 ORDER: A petit juror serving more than 10 days on one case may be paid, at the discretion of the trial judge, an additional $10 per day for each day over 10 days. See 28 U.S.C. 1871(b)(2). January 22, 2016 will mark the 11th day of trial (which includes Wednesday January 6, 2016 - the day the jurors assembled in the Central Jury Room and completed the Courts Juror Questionnaire). Therefore, as of January 22, 2016, the Court ORDERS that each juror shall be paid a fee of $10.00 per day, authorized by 28 U.S.C. 1871(b)(2), in addition to the attendance fee of $40.00, authorized by 28 U.S.C. 1871(b)(1). (Ordered by Judge Ed Kinkeade on 1/21/2016) (chmb)
January 20, 2016 Filing 137 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb)
January 20, 2016 Filing 136 SPECIAL MASTER'S ORDER ON KIRK KINDSFATER DEPOSITION DESIGNATIONS AND OBJECTIONS (Signed by James M. Stanton, Court-Appointed Special Master on 1/20/2016) (chmb)
January 20, 2016 Filing 135 SPECIAL MASTER'S ORDER ON ERIC MATTHEW HEINRICH DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 1/20/2016) (chmb)
January 20, 2016 Filing 134 OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #132 Order (Powell, Michael)
January 19, 2016 Filing 133 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb)
January 19, 2016 Filing 132 SPECIAL MASTER'S ORDER ON ANTONI NARGOL DEPOSITION DESIGNATIONS AND OBJECTIONS. (Signed by James M. Stanton, Court-Appointed Special Master on 1/19/2016) (chmb)
January 17, 2016 Filing 131 NOTICE of DEFENDANTS' OBJECTIONS TO SPECIAL MASTER RULINGS REGARDING ADMISSIBILITY OF EXHIBITS re: #125 Order filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix A pt 1 -- General Exhibits, #2 Exhibit(s) Appendix A pt 2 -- Plaintiff-Specific Exhibits, #3 Exhibit(s) Appendix A pt 3 -- Demonstrative Exhibits) (Harburg, Stephen) '
January 15, 2016 Filing 130 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb)
January 15, 2016 Opinion or Order Filing 129 ELECTRONIC ORDER - Before the Court are Defendants' (104) Motion MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE in case 3:11-cv-01941-K;(112) Motion MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE in case 3:11-cv-02800-K; (86) Motion MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE in case 3:12-cv-01672-K; (93) Motion MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE in case 3:13-cv-01071-K; (80) Motion MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE in case 3:14-cv-01994-K, filed on January 6, 2016. The Motions are DENIED without prejudice to being Re-Urged at Trial. (Ordered by Judge Ed Kinkeade on 1/15/2016) (chmb)
January 15, 2016 Opinion or Order Filing 128 ELECTRONIC ORDER - Before the Court are Defendants' (96) Motion TO EXCLUDE UNDISCLOSED WITNESSES in case 3:11-cv-01941-K; (104) Motion TO EXCLUDE UNDISCLOSED WITNESSES in case 3:11-cv-02800-K; (79) Motion TO EXCLUDE UNDISCLOSED WITNESSES in case 3:12-cv-01672-K; (85) Motion TO EXCLUDE UNDISCLOSED WITNESSES in case 3:13-cv-01071-K; (73) Motion TO EXCLUDE UNDISCLOSED WITNESSES in case 3:14-cv-01994-K filed on January 6, 2016. The Motions are DENIED without prejudice to being Re-Urged at Trial. (Ordered by Judge Ed Kinkeade on 1/15/2016) (chmb)
January 15, 2016 Opinion or Order Filing 127 ELECTRONIC ORDER denying as moot (69) Motion for Hearing. in case 3:11-cv-01941-K; denying (77) Motion for Hearing. in case 3:11-cv-02800-K; denying (53) Motion for Hearing. in case 3:12-cv-01672-K; denying (48) Motion for Hearing. in case 3:14-cv-01994-K. (Ordered by Judge Ed Kinkeade on 1/15/2016) (chmb)
January 14, 2016 Filing 126 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb)
January 14, 2016 Filing 125 SPECIAL MASTER'S ORDER ON TRIAL EXHIBITS (Signed by Special Master James M. Stanton on 1/14/2016) (chmb)
January 13, 2016 Filing 124 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb)
January 12, 2016 Filing 123 (Document Restricted) Sealed Response and Objection re: #103 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 122 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by Johnson & Johnson International. 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 121 ANSWER to #1 Complaint,,, with Jury Demand filed by 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 120 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by Johnson & Johnson. 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 119 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by DePuy Synthes 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 118 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by DePuy Products 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 117 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. (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 12, 2016 Filing 116 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb)
January 11, 2016 Filing 115 Brief/Memorandum in Support filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re #113 Notice (Other),, MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' EVIDENTIARY OBJECTIONS (Attachments: #1 Additional Page(s) General Exhibit Objections, #2 Additional Page(s) Plaintiff-Specific Exhibit Objections, #3 Additional Page(s) Demonstrative Exhibit Objections, #4 Additional Page(s) Depo Designation Objections) (Harburg, Stephen)
January 11, 2016 Filing 114 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19 (chmb)
January 11, 2016 Filing 113 Pretrial Disclosures filed by Special Master. (Attachments: #1 Plaintiffs' Witness List, #2 Plaintiffs' Depo Designations and Responses, #3 Plaintiffs' Objections to Defendants' General List of Exhibits, #4 Defendants' Witness List, #5 Defendants' Depo Designation Objections, #6 Defendants' Objections to Plaintiffs' Demonstrative Exhibits, #7 Defendants' Objections to Plaintiffs' General Exhibit List, #8 Defendants' Objections to Plaintiffs' Specific Exhibits) (chmb)
January 11, 2016 Opinion or Order Filing 112 ELECTRONIC ORDER denying (110) Motion for Reconsideration in case 3:11-cv-01941-K; denying (119) Motion for Reconsideration in case 3:11-cv-02800-K; denying (92) Motion for Reconsideration in case 3:12-cv-01672-K; denying (99) Motion for Reconsideration in case 3:13-cv-01071-K; denying (86) Motion for Reconsideration in case 3:14-cv-01994-K. (Ordered by Judge Ed Kinkeade on 1/11/2016) (chmb)
January 11, 2016 Opinion or Order Filing 111 ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd)
January 10, 2016 Filing 110 MOTION for Reconsideration re #107 Order on Motion for Miscellaneous Relief,,,, filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
January 8, 2016 Filing 109 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Jury Selection held on 1/8/2016. 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb)
January 8, 2016 Filing 108 (Document Restricted) Jury Roll. (This document is for district court access only and will not be included in any ROA that may later be prepared.). (twd)
January 8, 2016 Opinion or Order Filing 107 ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd)
January 8, 2016 Opinion or Order Filing 106 ORDER CONSOLIDATING BELLWETHER CASES FOR TRIAL: The Aoki (3:13-cv-1071-K), Christopher (3:14-cv-1994-K), Greer (3:12-cv-1672-K), Klusmann (3:11-cv-2800-K), and Peterson (3:11-cv-1941-K) cases are consolidated for trial pursuant to Rule 42 of the Federal Rules of Civil Procedure. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd)
January 7, 2016 Filing 105 (Document Restricted) Sealed Response and Objection re: #100 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 6, 2016 Filing 104 MOTION TO ENTER ORDER REGARDING TIMELY EXHIBIT EXCHANGE filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support) (Harburg, Stephen)
January 6, 2016 Filing 103 (Document Restricted) Plaintiffs' Motion to Exclude Opinions and Testimony of Hugh U. Cameron, MB, CHB, FRCSC (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Memorandum in Support, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3) (Fisher, Wayne)
January 6, 2016 Filing 100 (Document Restricted) Plaintiffs' Supplemental Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Fisher, Wayne)
January 6, 2016 Opinion or Order Filing 98 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL DEFENDANTS' RESPONSES TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS. (Ordered by Judge Ed Kinkeade on 1/6/2016) (twd)
January 6, 2016 Filing 96 MOTION TO EXCLUDE UNDISCLOSED WITNESSES filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
January 6, 2016 Filing 95 (Document Restricted) Sealed MOTION TO STRIKE DR. NICHOLAS JEWELLS THIRD SUPPLEMENTAL EXPERT REPORT (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits pt 1, #3 Exhibit(s) Appendix of Exhibits pt 2, #4 Exhibit(s) Appendix of Exhibits pt 3, #5 Exhibit(s) Appendix of Exhibits pt 4) (Harburg, Stephen)
January 5, 2016 Opinion or Order Filing 102 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DISMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
January 5, 2016 Opinion or Order Filing 101 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
January 5, 2016 Opinion or Order Filing 99 ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
January 5, 2016 Opinion or Order Filing 97 ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
January 5, 2016 Filing 94 NOTICE of Objection to Question No. 30 in the Jury Questionnaire filed by DePuy Orthopaedics Inc (Roberts, Seth)
January 5, 2016 Filing 93 MOTION for Bifurcation filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Powell, Michael)
January 5, 2016 Opinion or Order Filing 92 ORDER GRANTING PLAINTIFFS' EXECUTIVE COMMITTEE'S MOTION TO PROTECT MENTAL HEALTH RECORDS: The Court has reviewed the live complaints and answers of the Aoki, Christopher, Greer, Klusmann, and Peterson matters and does not find that, as interpreted by Texas courts, the Plaintiffs' mental conditions have currently been made part of a claim or defense. Accordingly, the Motion to Protect Mental Health Records, Docket No. 513 in 3:11-md-2244, and the Motion to Protect Mental Health Records of Richard Klusmann, Docket No. #15 in 3:11-cv-2800, are GRANTED. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
January 5, 2016 Filing 91 RESPONSE filed by Karen Peterson, Robert Peterson re: #90 Sealed Defendants' MOTION FOR ORDER DENYING CONSOLIDATED TRIAL OF BELLWETHER CASES (Attachments: #1 Memorandum in Opposition, #2 Exhibit 1, #3 Exhibit 2) (Fisher, Wayne)
December 30, 2015 Filing 90 (Document Restricted) Sealed MOTION FOR ORDER DENYING CONSOLIDATED TRIAL OF BELLWETHER CASES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 29, 2015 Filing 89 (Document Restricted) Sealed Response re: #85 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4 - Part 1, #5 Ex. 4 - Part 2, #6 Ex. 5) (Fisher, Wayne)
December 29, 2015 Filing 88 (Document Restricted) Sealed Response and Objection re: #86 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits pt 1, #2 Exhibit(s) Appendix of Exhibits pt 2, #3 Exhibit(s) Appendix of Exhibits pt 3) (Harburg, Stephen)
December 29, 2015 Filing 87 (Document Restricted) Sealed Response re: #85 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Memorandum in Opposition) (Fisher, Wayne)
December 29, 2015 Filing 86 (Document Restricted) Plaintiffs' Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Memorandum in Support) (Fisher, Wayne)
December 29, 2015 Filing 85 (Document Restricted) Defendants' Sealed Omnibus Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 84 (Document Restricted) Sealed Reply re: #46 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 83 (Document Restricted) Sealed Reply re: #50 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 82 (Document Restricted) Sealed Reply re: #38 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 81 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc re: #42 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE, #40 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS DESIGN-DEFECT CLAIMS (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 80 (Document Restricted) Sealed Reply re: #51 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 21, 2015 Filing 79 REPLY filed by DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #48 MOTION to Dismiss JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON INTERNATIONAL, AND DEPUY SYNTHES, INC.S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 78 (Document Restricted) Sealed Reply re: #69 Motion for Hearing (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 77 (Document Restricted) Sealed Reply re: #47 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 76 (Document Restricted) Sealed Reply re: #37 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 75 (Document Restricted) Sealed Reply re: #45 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 74 (Document Restricted) Sealed Reply re: #44 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 73 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc re: #39 (Document Restricted) Sealed MOTION FOR PARTIAL SUMMARY JUDGMENT ON NEGLIGENT-MISREPRESENTATION CLAIMS (Sealed pursuant to order dated 6/20/2012) (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 18, 2015 Filing 72 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, DePuy Products Inc re: #55 Supplemental Document (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
December 14, 2015 Filing 71 RESPONSE filed by Karen Peterson, Robert Peterson re: #69 MOTION for Hearing (Defendants' Motion for Pretrial Hearing) (Lanier, W)
December 11, 2015 Filing 70 (Document Restricted) Sealed Reply re: #36 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Harburg, Stephen)
December 10, 2015 Filing 69 MOTION for Hearing (Defendants' Motion for Pretrial Hearing) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Certificate of Service) (Harburg, Stephen)
December 9, 2015 Filing 68 (Document Restricted) Sealed Response re: #44 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix Ex. A-D, #2 Exhibit(s) Appendix Ex. E-1, #3 Exhibit(s) Appendix Ex. E-2, #4 Exhibit(s) Appendix Ex. E-3, #5 Exhibit(s) Appendix Ex. E-4, #6 Exhibit(s) Appendix Ex. E-5, #7 Exhibit(s) Appendix Ex. E-6, #8 Exhibit(s) Appendix Ex. E-7, #9 Exhibit(s) Appendix Ex. E-8, #10 Exhibit(s) Appendix Ex. E-9, #11 Exhibit(s) Appendix Ex. E-10, #12 Exhibit(s) Appendix Ex. E-11, #13 Exhibit(s) Appendix Ex. F-L, #14 Exhibit(s) Appendix Ex. M-O, #15 Exhibit(s) Appendix Ex. P-S, #16 Exhibit(s) Appendix Ex. T, #17 Exhibit(s) Appendix Ex. U, #18 Exhibit(s) Appendix Ex. V-1, #19 Exhibit(s) Appendix Ex. V-2, #20 Exhibit(s) Appendix Ex. W-1, #21 Exhibit(s) Appendix Ex. W-2, #22 Exhibit(s) Appendix Ex. X, #23 Exhibit(s) Appendix Ex. Y-BB, #24 Exhibit(s) Appendix Ex. CC-DD, #25 Exhibit(s) Appendix Ex. EE, #26 Exhibit(s) Appendix Ex. FF, #27 Exhibit(s) Appendix Ex. GG, #28 Exhibit(s) Appendix Ex. HH-JJ, #29 Exhibit(s) Appendix Ex. KK-OO) (Fisher, Wayne)
December 9, 2015 Filing 67 (Document Restricted) Sealed Response re: #40 Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix) (Fisher, Wayne)
December 9, 2015 Filing 66 (Document Restricted) Sealed Response re: #42 Motion for Summary Judgment, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix) (Fisher, Wayne)
December 9, 2015 Filing 65 RESPONSE filed by Karen Peterson, Robert Peterson re: #49 MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF S. MICHAEL PHILLIPS, M.D. (Fisher, Wayne)
December 8, 2015 Filing 64 (Document Restricted) Sealed Response re: #48 Motion to Dismiss,, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-3 (pt 1), #3 Exhibit(s) A-3 (pt 2) through A-4, #4 Exhibit(s) A-5, #5 Exhibit(s) A-6 (pt 1), #6 Exhibit(s) A-6 (pt 2) through A-15, #7 Exhibit(s) A-16 through A-20, #8 Exhibit(s) A-21, #9 Exhibit(s) A-22 through A-23, #10 Exhibit(s) A-24 (pt 1), #11 Exhibit(s) A-24 (pt 3), #12 Exhibit(s) A-25 through A-27, #13 Exhibit(s) A-28 (pt 1), #14 Exhibit(s) A-28 (pt 2), #15 Exhibit(s) A-29 through A-31, #16 Exhibit(s) A-32 through A-34, #17 Exhibit(s) A-35 through A-38, #18 Exhibit(s) A-39 through C-1) (Lanier, W)
December 8, 2015 Filing 63 (Document Restricted) Sealed Response re: #38 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) 1-5, #2 Exhibit(s) 6-7) (Lanier, W)
December 8, 2015 Filing 62 RESPONSE filed by Karen Peterson, Robert Peterson re: #39 Sealed Motion for Partial Summary Judgment on Negligent Misrepresentation Claims (Lanier, W)
December 8, 2015 Filing 61 (Document Restricted) Sealed Response re: #50 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix and Exh 1, #2 Exhibit(s) Exh 1 (pt 2), #3 Exhibit(s) Exh 1 (pt 3), #4 Exhibit(s) Exh 2, #5 Exhibit(s) Exh 3) (Lanier, W)
December 8, 2015 Filing 60 (Document Restricted) Sealed Response re: #51 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix and Exh A, #2 Exhibit(s) A (pt 2), #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) K (part 2), #14 Exhibit(s) K (part 3), #15 Exhibit(s) K (pt 4), #16 Exhibit(s) L, #17 Exhibit(s) M) (Lanier, W)
December 8, 2015 Filing 59 (Document Restricted) Sealed Response re: #37 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Pages 1-63) (Conroy, Jayne)
December 8, 2015 Filing 58 (Document Restricted) Sealed Response re: #47 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Pages 1-122, #2 Exhibit(s) Pages 123-158) (Conroy, Jayne)
December 8, 2015 Filing 57 (Document Restricted) Sealed Response re: #46 Sealed and/or Ex Parte Motion,, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Pages 1-152, #2 Exhibit(s) Pages 153-267) (Conroy, Jayne)
December 8, 2015 Filing 56 (Document Restricted) Sealed Response re: #45 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Appendix) (Fisher, Wayne)
December 8, 2015 Filing 55 Supplemental Document by Karen Peterson, Robert Peterson Plaintiffs' General Memorandum of Law Regarding Daubert Motions. (Fisher, Wayne)
November 27, 2015 Filing 54 (Document Restricted) Sealed Response re: #36 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Attachments: #1 Exhibit(s) Exhibit A - Part 1, #2 Exhibit(s) Exhibit A - Part 2, #3 Exhibit(s) Exhibit A - Part 3, #4 Exhibit(s) Exhibit A - Part 4, #5 Exhibit(s) Exhibit A - Part 5) (Lanier, W)
November 24, 2015 Filing 53 (Document Restricted) Sealed Brief/Memorandum in Support re: #52 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Lanier, W)
November 24, 2015 Filing 52 (Document Restricted) Sealed Response re: #36 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 6/20/2012) filed by Karen Peterson, Robert Peterson (Lanier, W)
November 18, 2015 Filing 51 (Document Restricted) Sealed MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS CLAIMS FOR TORTIOUS INTERFERENCE WITH THE PHYSICIAN-PATIENT RELATIONSHIP AND VICARIOUS LIABILITY FOR BREACH OF FIDUCIARY DUTY AND THEIR REQUEST TO SET ASIDE THE STATUTORY CAP ON EXEMPLARY DAMAGES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 50 (Document Restricted) Sealed MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF ALBERT H. BURSTEIN, PH.D. (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix pt 1, #3 Exhibit(s) Appendix pt 2, #4 Exhibit(s) Appendix pt 3, #5 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 49 MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF S. MICHAEL PHILLIPS, M.D. filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 48 MOTION to Dismiss JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON INTERNATIONAL, AND DEPUY SYNTHES, INC.S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT filed by DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 47 (Document Restricted) Sealed MOTION TO EXCLUDE DR. GREG HALLMANS OPINIONS AND TESTIMONY (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 46 (Document Restricted) Sealed MOTION TO EXCLUDE DR. DAVID EGILMANS OPINIONS AND TESTIMONY (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix pt 1, #3 Exhibit(s) Appendix pt 2, #4 Exhibit(s) Appendix pt 3, #5 Exhibit(s) Appendix pt 4, #6 Exhibit(s) Appendix pt 5, #7 Exhibit(s) Appendix pt 6, #8 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 45 (Document Restricted) Sealed MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF GEORGE S. KANTOR, M.D. AND WILLIAM R. EVANS, M.D., P.A. (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 18, 2015 Filing 44 (Document Restricted) Sealed MOTION FOR PARTIAL SUMMARY JUDGMENT ON CLAIMS SOUNDING IN FAILURE TO WARN, MISREPRESENTATION OR OMISSION (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 43 Brief/Memorandum in Support filed by DePuy Orthopaedics Inc, DePuy Products Inc re #42 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 42 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO ALL CLAIMS RELYING ON A THEORY THAT DEPUY SHOULD HAVE SOUGHT PREMARKET APPROVAL OR THAT ALL METAL-ON-METAL IMPLANTS ARE DEFECTIVE filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 41 Brief/Memorandum in Support filed by DePuy Orthopaedics Inc, DePuy Products Inc re #40 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS DESIGN-DEFECT CLAIMS (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 40 MOTION for Summary Judgment MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFFS DESIGN-DEFECT CLAIMS filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 39 (Document Restricted) Sealed MOTION FOR PARTIAL SUMMARY JUDGMENT ON NEGLIGENT-MISREPRESENTATION CLAIMS (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 38 (Document Restricted) Sealed MOTION TO EXCLUDE, IN PART, THE EXPERT OPINIONS AND TESTIMONY OF MINETTE E. DRUMWRIGHT (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 17, 2015 Filing 37 (Document Restricted) Sealed MOTION TO PARTIALLY EXCLUDE THE OPINIONS AND TESTIMONY OF NICHOLAS P. JEWELL, PH.D. (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Exhibit(s) Appendix of Exhibits, #3 Additional Page(s) Proof of Service) (Harburg, Stephen)
November 6, 2015 Filing 36 (Document Restricted) Motion to Compel Dr. David Egilman to Answer Questions Regarding Whether He Has a Hip Implant (Sealed pursuant to order dated 6/20/2012) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Additional Page(s) Certificate of Conference) (Miller, Jessica)
October 29, 2015 Filing 35 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson. Waiver sent on 8/31/2015; Johnson & Johnson International. Waiver sent on 8/31/2015; Johnson & Johnson Services Inc. Waiver sent on 8/31/2015. (Lanier, W)
October 16, 2015 Filing 34 REPLY filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc re: #31 MOTION to Dismiss (Partial) (Harburg, Stephen)
October 2, 2015 Filing 33 Brief/Memorandum in Support filed by Karen Peterson, Robert Peterson re #32 Response/Objection to Defendants' Motion to Dismiss (Lanier, W)
October 2, 2015 Filing 32 RESPONSE filed by Karen Peterson, Robert Peterson re: #31 MOTION to Dismiss (Partial) (Lanier, W)
September 12, 2015 Filing 31 MOTION to Dismiss (Partial) filed by DePuy Orthopaedics Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc (Attachments: #1 Additional Page(s) Memorandum in Support, #2 Additional Page(s) Proof of Service) (Harburg, Stephen)
September 11, 2015 Filing 30 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by 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. (Roberts, Seth)
September 11, 2015 Filing 29 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by Johnson & Johnson. 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. (Roberts, Seth)
September 11, 2015 Filing 28 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by Johnson & Johnson International. 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. (Roberts, Seth)
September 11, 2015 Filing 27 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by DePuy Synthes 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. (Roberts, Seth)
September 11, 2015 Filing 26 ANSWER to #23 Amended Complaint,,, with Jury Demand filed by DePuy Products 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. (Roberts, Seth)
September 11, 2015 Filing 25 ANSWER to #23 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. (Roberts, Seth)
August 26, 2015 Opinion or Order Filing 24 SECOND AMENDED ORDER ON BELLWETHER TRIALS: After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 8/26/2015) (twd)
August 21, 2015 Filing 23 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Orthopaedics Inc, Johnson & Johnson Services Inc, DePuy Products Inc, DePuy Synthes Inc, Johnson & Johnson, Johnson & Johnson International filed by Robert Peterson, Karen Peterson. (One or more defendant(s) is no longer named.) 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. (Lanier, W)
August 5, 2015 Filing 22 REPLY filed by Karen Peterson, Robert Peterson re: #19 MOTION to Compel Defendants' Responses to Plaintiffs' Interrogatories and Request for Production of Documents (for Bellwether Plaintiffs, propounded May 19, 2015) (Lanier, W)
July 13, 2015 Opinion or Order Filing 21 SCHEDULING ORDER: Jury Trial set for 1/6/2016 before Judge Ed Kinkeade. Plaintiff shall Amend his Pleadings by 8/21/2015, Defendants shall Amend their Pleadings by 9/4/2015. Motions due by 11/6/2015. Discovery due by 12/4/2015. (Ordered by Judge Ed Kinkeade on 7/13/2015) (jrr)
July 13, 2015 Opinion or Order Filing 20 AMENDED ORDER ON BELLWETHER TRIALS: After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 7/13/2015) (chmb)
July 9, 2015 Filing 19 MOTION to Compel Defendants' Responses to Plaintiffs' Interrogatories and Request for Production of Documents (for Bellwether Plaintiffs, propounded May 19, 2015) filed by Karen Peterson, Robert Peterson with Brief/Memorandum in Support. (Attachments: #1 Appendix, #2 Proposed Order) (Lanier, W)
April 29, 2015 Filing 18 NOTICE of Attorney Appearance by W Mark Lanier on behalf of Karen Peterson, Robert Peterson. (Filer confirms contact info in ECF is current.) (Lanier, W)
February 18, 2015 Opinion or Order Filing 17 ORDER ON BELLWETHER TRIALS: After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 2/18/2015) (twd)
March 14, 2013 Filing 16 NOTICE of Attorney Appearance by Jessica D Miller on behalf of DePuy and Johnson Defendants. (jeh)
August 2, 2012 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)
July 17, 2012 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).
June 21, 2012 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).
April 23, 2012 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)
April 6, 2012 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)
April 5, 2012 Opinion or Order Filing 15 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)
February 7, 2012 Opinion or Order Filing 14 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)
January 10, 2012 Opinion or Order Filing 13 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)
January 9, 2012 Opinion or Order Filing 12 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)
January 9, 2012 Opinion or Order Filing 11 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)
September 19, 2011 ***Set MDL-2244 Flag (Entered on 9/19/2011) (drh)
August 31, 2011 Filing 10 NOTICE of Attorney Appearance by Michael V Powell on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc, Johnson & Johnson, Inc.. (Powell, Michael)
August 25, 2011 Filing 9 NOTICE of Attorney Appearance by Seth Michael Roberts on behalf of DePuy Orthopaedics, Inc., Johnson & Johnson Services Inc, Johnson & Johnson, Inc.. (Roberts, Seth)
August 10, 2011 Opinion or Order Filing 8 CASE MANAGEMENT ORDER #2. All submissions on suggestions for conducting this litigation shall be made within thirty days of the date this order is signed. As ordered by the Court at the hearing, all attorneys must sign up for the Northern District of Texas's Case Management/Electronic Case Filing system or the attorneys will be removed as "Attorneys to be Noticed" in the case. Also, all documents filed in this case must be filed electronically. (Ordered by Judge Ed Kinkeade on 8/10/2011) (jkm)
August 8, 2011 Opinion or Order Filing 7 ORDER TRANSFERRING CASE. All future pleadings and papers shall be filed with thecase number 3:11-CV-1941-K. (Ordered by Judge Jane J Boyle on 8/8/2011) (tln)
August 8, 2011 Filing 6 Notice of Correction of Signature Omission, correcting signature omission in #1 Complaint,,, filed by Karen Peterson, Robert Peterson. (Steakley, Zollie)
August 8, 2011 Filing 5 Summons Issued as to DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson, Inc. (dnc)
August 5, 2011 Filing 4 New Case Notes: A filing fee has been paid. Magistrate Judge Ramirez preliminarily assigned, but the referral assignment was voided on 8/26/11. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (dnc) Modified on 8/26/2011 (cab).
August 5, 2011 Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Karen Peterson, Robert Peterson. (Steakley, Zollie)
August 5, 2011 Filing 2 ADDITIONAL ATTACHMENTS Civil Cover Sheet to #1 Complaint,,, by Plaintiffs Karen Peterson, Robert Peterson. (Steakley, Zollie)
August 5, 2011 Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Robert Peterson, Karen Peterson. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4046670) 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 (Steakley, Zollie)

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Search for this case: Peterson et al v. Johnson & Johnson Services, Inc. et al
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Special master: Special Master
Represented By: James M Stanton-2244
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Plaintiff: Robert Peterson
Represented By: Stephen E Harrison, II
Represented By: Preston J Dugas, III
Represented By: Richard J Arsenault
Represented By: W Bradley Parker
Represented By: Wayne Fisher
Represented By: Zollie Carlton Steakley
Represented By: Daniel Wesley McDonald
Represented By: Jayne Conroy
Represented By: Justin Joseph Presnal
Represented By: W Mark Lanier
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Plaintiff: Karen Peterson
Represented By: Stephen E Harrison, II
Represented By: Daniel Wesley McDonald
Represented By: Jayne Conroy
Represented By: Richard J Arsenault
Represented By: W Bradley Parker
Represented By: Justin Joseph Presnal
Represented By: Preston J Dugas, III
Represented By: W Mark Lanier
Represented By: Wayne Fisher
Represented By: Zollie Carlton Steakley
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Defendant: Johnson & Johnson Services Inc
Represented By: Jessica Davidson
Represented By: Michael V Powell
Represented By: Seth Michael Roberts
Represented By: Stephen J Harburg
Represented By: Terri Bruksch
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Defendant: DePuy Orthopaedics Inc
Represented By: E Leon Carter
Represented By: Geoffrey M Wyatt
Represented By: J Robert Arnett, II
Represented By: Jessica Davidson
Represented By: Joshua J Bennett
Represented By: Michael V Powell
Represented By: Richard B Roper, III
Represented By: Seth Michael Roberts
Represented By: Stephen J Harburg
Represented By: Terri Bruksch
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Defendant: DePuy Products Inc
Represented By: Jessica Davidson
Represented By: Michael V Powell
Represented By: Seth Michael Roberts
Represented By: Terri Bruksch
Represented By: John H Beisner
Represented By: Stephen J Harburg
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Defendant: DePuy Synthes Inc
Represented By: Jessica Davidson
Represented By: Seth Michael Roberts
Represented By: Stephen J Harburg
Represented By: Terri Bruksch
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Defendant: Johnson & Johnson
Represented By: E Leon Carter
Represented By: Geoffrey M Wyatt
Represented By: J Robert Arnett, II
Represented By: Jessica Davidson
Represented By: John H Beisner
Represented By: Joshua J Bennett
Represented By: Michael V Powell
Represented By: Richard B Roper, III
Represented By: Seth Michael Roberts
Represented By: Stephen J Harburg
Represented By: Terri Bruksch
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Defendant: Johnson & Johnson International
Represented By: Jessica Davidson
Represented By: Seth Michael Roberts
Represented By: Stephen J Harburg
Represented By: Terri Bruksch
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Petitioner: Thomas P. Schmalzried
Represented By: Chris Norton
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