Patton v. DePuy Orthopaedics Inc et al
| Pat Patton |
| DePuy International Ltd, DePuy Orthopaedics Inc, Johnson and Johnson Services Inc, Johnson and Johnson Inc, Thomas P Schmalzried, MD and Does 1 through 20, inclusive |
| Special Master |
| 3:2019cv00850 |
| April 9, 2019 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Asbestos Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 32 Case electronically transferred in from District of California Central; Case Number 2:19-cv-00081. 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. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| Filing 31 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2244, transferring case to USDC, Northern District of Texas and assigned to Honorable James E. Kinkeade. Case transferred electronically on 4/4/2019. (MD JS-6. Case Terminated.) (mrgo) [Transferred from California Central on 4/9/2019.] |
| Filing 30 MINUTES OF TELEPHONIC CONFERENCE held before Judge George H. Wu. For reasons stated on the record, the status conference is continued to April 15, 2019 at 8:30 a.m., with a joint status report to be filed by April 10, 2019. Court Reporter: Katie E. Thibodeaux. (mrgo) [Transferred from California Central on 4/9/2019.] |
| Filing 29 MINUTES OF PLAINTIFF'S MOTION TO REMAND PURSUANT TO 28 U.S.C. 1447(c) (LACK OF SUBJECT MATTER JURISDICTION) #13 ; DEFENDANTS' MOTION TO STAY THE PROCEEDINGS #14 Hearing held before Judge George H. Wu. The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. The Court would GRANT the Motion to Stay pending this case's transfer to MDL 2244. The Court would DENY the Motion to Remand without prejudice. The status conference set for March 14, 2019, is continued to March 21, 2019 at 8:30 a.m. Court Reporter: Katie E. Thibodeaux. (mrgo) [Transferred from California Central on 4/9/2019.] |
Filing 28
ORDER GRANTING DEFENDANTS THOMAS P. SCHMALZRIED, M.D. AND THOMAS P. SCHMALZRIED, M.D., A PROFESSIONAL CORPORATION'S EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT by Judge George H. Wu re: #24 EX PARTE APPLICATION for Extension of Time to Answer. Thomas P. Schmalzried, M.D. answer deadline is 2/21/2019; Thomas P. Schmalzried, M.D. answer deadline is 2/21/2019. (mrgo) [Transferred from California Central on 4/9/2019.]
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| Filing 27 OPPOSITION to EX PARTE APPLICATION to Extend Time to File Answer to 3/25/2019 re Complaint - (Discovery) #24 filed by Plaintiff Pat Patton. (Antunovich, Tomislav) [Transferred from California Central on 4/9/2019.] |
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Filing 26
ORDER GRANTING DEFENDANTS DEPUY ORTHOPAEDICS, INC., JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON AND DEPUY INTERNATIONAL LIMITEDS EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO COMPLAINT BEYOND THIRTY DAYS #21 by Judge George H. Wu. It is hereby ordered that Defendants' deadline to respond to the Complaint is extended to March 15, 2019. (lom) Modified on 2/11/2019 (lom). [Transferred from California Central on 4/9/2019.]
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| Filing 25 NOTICE OF ERRATA filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc.. correcting Stipulation Extending Time to Answer (30 days or less), #11 (Attachments: #1 Exhibit A to Notice of Errata Regarding Stipulation to Extend Time to Respond)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 24 EX PARTE APPLICATION to Extend Time to File Answer to 3/25/2019 re Complaint - (Discovery) filed by Defendants Thomas P. Schmalzried, M.D., Thomas P. Schmalzried, M.D.. (Attachments: #1 Declaration of Christopher P. Norton in Support, #2 Proposed Order, #3 Certificate of Service) (Norton, Christopher) [Transferred from California Central on 4/9/2019.] |
| Filing 23 REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Plaintiff Pat Patton. (Antunovich, Tomislav) [Transferred from California Central on 4/9/2019.] |
| Filing 22 OPPOSITION Plaintiff's Opposition to re: EX PARTE APPLICATION to Extend Time to File Answer to 2/8/2019 re Complaint - (Discovery) #21 filed by Plaintiff Pat Patton. (Antunovich, Tomislav) [Transferred from California Central on 4/9/2019.] |
| Filing 21 EX PARTE APPLICATION to Extend Time to File Answer to 2/8/2019 re Complaint - (Discovery) filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc.. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application to Extend Time, #2 Declaration of Gabrielle J. Anderson-Thompson in Support of Ex Parte Application to Extend Time, #3 Proposed Order Granting Defendant's Ex Parte Application to Extend Time) (Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 20 **AMENDED** TEXT ONLY ENTRY - IN CHAMBERS by Judge George H. Wu: The Court CONTINUES the Status Conference previously set for 02/14/2019 to 03/14/2019 at 08:30 AM before Judge George H. Wu pending the Judicial Panel's decision whether to transfer the case to MDL No. 2244. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 4/9/2019.] |
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Filing 19
TEXT ONLY ENTRY - ORDER SETTING STATUS CONFERENCE by Judge George H Wu; The Court sets a Status Conference for March 14, 2019 at 8:30 a.m. pending the Judicial Panel's decision whether to transfer the case to MDL No. 2244. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 4/9/2019.]
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| Filing 18 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending the almost-certain transfer of Plaintiff's claims to MDL 2244, the multi-district litigation ("MDL") #14 filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc.. (Attachments: #1 Exhibit 1 to Reply in Support of Motion to Stay Proceedings)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 17 OPPOSITION re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc.. (Attachments: #1 Exhibit 1 to Opposition to Plaintiff's Motion to Remand, #2 Exhibit 2 to Opposition to Plaintiff's Motion to Remand)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 16 OPPOSITION Plaintiff's Opposition to re: NOTICE OF MOTION AND MOTION to Stay Case pending the almost-certain transfer of Plaintiff's claims to MDL 2244, the multi-district litigation ("MDL") #14 filed by Plaintiff Pat Patton. (Antunovich, Tomislav) [Transferred from California Central on 4/9/2019.] |
| Filing 15 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a hearing on PLAINTIFFS MOTION TO REMAND #13 for 2/21/2019 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 4/9/2019.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Stay Case pending the almost-certain transfer of Plaintiff's claims to MDL 2244, the multi-district litigation ("MDL") filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc.. Motion set for hearing on 2/21/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Stay Proceedings, #2 Exhibit 1 to Memorandum of Points and Authorities, #3 Exhibit 2 to Memorandum of Points and Authorities, #4 Proposed Order Granting Motion to Stay the Proceedings) (Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 13 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Pat Patton. (Attachments: #1 Appendix, #2 Declaration) (Antunovich, Tomislav) [Transferred from California Central on 4/9/2019.] |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Thomas P. Schmalzried, M.D. answer now due 2/13/2019; Thomas P. Schmalzried, M.D. answer now due 2/13/2019, re Complaint - (Discovery) filed by Defendants Thomas P. Schmalzried, M.D.; Thomas P. Schmalzried, M.D..(Attorney Christopher P Norton added to party Thomas P. Schmalzried, M.D.(pty:dft), Attorney Christopher P Norton added to party Thomas P. Schmalzried, M.D.(pty:dft))(Norton, Christopher) [Transferred from California Central on 4/9/2019.] |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Johnson and Johnson, Inc. answer now due 2/8/2019; Johnson and Johnson Services, Inc. answer now due 2/8/2019; DePuy Orthopaedics, Inc. answer now due 2/8/2019; DePuy International, Ltd. answer now due 2/8/2019, re Complaint - (Discovery) filed by Defendants Johnson and Johnson, Inc.; Johnson and Johnson Services, Inc.; DePuy Orthopaedics, Inc.; DePuy International, Ltd..(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 10 CERTIFICATE OF SERVICE filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson and Johnson Services, Inc., Johnson and Johnson, Inc., to Notice of Adverse Party of Removal to Federal Court served on January 7, 2019. (Attachments: #1 Attachment to Certificate of Service)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
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Filing 9
Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu by Judge George H. Wu. (See document for details) (mrgo) [Transferred from California Central on 4/9/2019.]
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Filing 8
TEXT ONLY ENTRY - TRANSFER OF CASE TO JUDGE WU AND ORDER SETTING STATUS CONFERENCE by Judge George H Wu; This action has been reassigned to the Honorable George H. Wu, U.S. District Judge and the Honorable Jacqueline Chooljian, U.S. Magistrate Judge. The Court sets a Status Conference for February 14, 2019 at 8:30 a.m. pending the Judicial Panel's decision whether to transfer the case to MDL No. 2244. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY [Transferred from California Central on 4/9/2019.]
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Filing 7
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:11-cv-02441 GW(JCx). Case transferred from Magistrate Judge Alka Sagar and Judge Otis D. Wright, II to Judge George H. Wu and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-00081 GW(JCx). Signed by Judge George H. Wu (rn) [Transferred from California Central on 4/9/2019.]
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 4/9/2019.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (jtil) [Transferred from California Central on 4/9/2019.] |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Pat Patton in Los Angeles Superior Court on 11/20/2018, attached as Exhibit 2. (jtil) [Transferred from California Central on 4/9/2019.] |
| Filing 4 NOTICE of Related Case(s) filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson, Inc.. Transferred to Judge Wu (Attachments: #1 Notice of Related Cases Part 1 of 8, #2 Notice of Related Cases Part 2 of 8, #3 Notice of Related Cases Part 3 of 8, #4 Notice of Related Cases Part 4 of 8, #5 Notice of Related Cases Part 5 of 8, #6 Notice of Related Cases Part 6 of 8, #7 Notice of Related Cases Part 7 of 8, #8 Notice of Related Cases Part 8 of 8)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 3 Certification of Interested Parties filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson, Inc., identifying DePuy Synthes, Inc., Johnson & Johnson International, Johnson & Johnson Medical Limited, Johnson & Johnson Management Limited. (Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants DePuy International, Ltd., DePuy Orthopaedics, Inc., Johnson & Johnson Services, Inc., Johnson & Johnson, Inc.. (Attachments: #1 Attachment A to Civil Cover Sheet)(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 18STCV05730 with filing fee previously paid ($400.00 paid on 01/14/2019, receipt number 0973-22991401), filed by Defendants Johnson & Johnson, Inc., Johnson & Johnson Services, Inc., DePuy Orthopaedics, Inc., DePuy International, Ltd.. (Attachments: #1 Exhibit 1 to Notice of Removal of Action, #2 Exhibit 2 to Notice of Removal of Action) (Attorney Gabrielle Jaynea Anderson-Thompson added to party DePuy International, Ltd.(pty:dft), Attorney Gabrielle Jaynea Anderson-Thompson added to party DePuy Orthopaedics, Inc.(pty:dft), Attorney Gabrielle Jaynea Anderson-Thompson added to party Johnson & Johnson Services, Inc.(pty:dft), Attorney Gabrielle Jaynea Anderson-Thompson added to party Johnson & Johnson, Inc.(pty:dft))(Anderson-Thompson, Gabrielle) [Transferred from California Central on 4/9/2019.] |
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