Lyon v. DePuy Orthopaedics, Inc. et al
| Deborah Lyon |
| DePuy Products Inc, Johnson & Johnson Services Inc, DePuy Orthopaedics Inc, DePuy International Limited, Johnson & Johnson and Kale Turner |
| Special Master |
| 3:2019cv03004 |
| December 19, 2019 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1446 pl |
| Defendant |
Docket Report
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| Filing 30 Case electronically transferred in from District of California Northern; Case Number 4:19-cv-05270. 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 29 TRANSFER ORDER. Signed by MDL Panel on 12/18/2019. (ajsS, COURT STAFF) (Filed on 12/18/2019) [Transferred from California Northern on 12/19/2019.] |
Filing 28
ORDER GRANTING #11 Motion to Stay Proceedings Pending Multidistrict Litigation Transfer Determination and VACATING #16 Motion to Remand by Judge Phyllis J. Hamilton(pjhlc2S, COURT STAFF) (Filed on 10/7/2019) [Transferred from California Northern on 12/19/2019.]
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| Filing 27 OPPOSITION/RESPONSE (re #16 MOTION to Remand ) filed byDePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc.. (Attachments: #1 Exhibit 1 to Declaration of Kale Turner, #2 Exhibit 2 Conditional Transfer Order)(Anderson-Thompson, Gabrielle) (Filed on 10/3/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 26 ANSWER to Complaint with Jury Demand byDePuy Products, Inc.. (Attachments: #1 Defendant DePuy Products, Inc.'s Demand for Jury Trial)(Anderson-Thompson, Gabrielle) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 25 ANSWER to Complaint with Jury Demand byJohnson & Johnson Services, Inc.. (Attachments: #1 Defendant Johnson & Johnson Services, Inc.'s Demand for Jury Trial)(Anderson-Thompson, Gabrielle) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 24 ANSWER to Complaint with Jury Demand byDepuy International Limited. (Attachments: #1 Defendant DePuy International Limited's Demand for Jury Trial)(Anderson-Thompson, Gabrielle) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 23 ANSWER to Complaint with Jury Demand byJohnson & Johnson. (Attachments: #1 Defendant Johnson & Johnson's Demand for Jury Trial)(Anderson-Thompson, Gabrielle) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 22 ANSWER to Complaint with Jury Demand byDePuy Orthopaedics, Inc.. (Attachments: #1 Defendant DePuy Orthopaedics, Inc.'s Demand for Jury Trial)(Anderson-Thompson, Gabrielle) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 21 ANSWER to Complaint (Notice of Removal) byKale Turner. (Love, Avril) (Filed on 9/30/2019) [Transferred from California Northern on 12/19/2019.] |
| #Electronic filing error. Incorrect event used regarding #20 Response ( Non Motion ), filed by Johnson & Johnson Services, Inc., Johnson & Johnson, DePuy Orthopaedics, Inc ., Depuy International Limited, DePuy Products, Inc. Correct event is: Civil Events & Motions and Related Filings & Responses and Replies & Reply to Opposition/Response.Corrected by Clerk's Office. No further action is necessary. (ajsS, COURT STAFF) (Filed on 9/26/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 20 REPLY in Support of #11 MOTION to Stay Proceedings by DePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc.. (Attachments: #1 Exhibit 1)(Anderson-Thompson, Gabrielle) (Filed on 9/25/2019) Modified on 9/26/2019 (ajsS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
| Filing 19 OPPOSITION/RESPONSE (re #11 MOTION to Stay Proceedings ) filed byDeborah Lyon. (Attachments: #1 Certificate/Proof of Service)(Rossi, Daniel) (Filed on 9/25/2019) [Transferred from California Northern on 12/19/2019.] |
| Reset Deadlines as to #16 MOTION to Remand. Motion Hearing set for 10/30/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/19/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 18 Renotice motion hearing re #16 Motion to Remand, filed by Deborah Lyon Motion Hearing set for 10/30/2019 at 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton (Attachments: #1 Certificate/Proof of Service Renoticed Motion)(Rossi, Daniel) (Filed on 9/19/2019) Modified on 9/20/2019 (jlmS, COURT STAFF). Modified on 9/20/2019 (jlmS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
| Filing 17 CLERK'S NOTICE: Plaintiff's Motion for Remand #16 was not noticed for hearing "not less than 35 days after filing of the motion" as required by the Local Rules. Plaintiff shall re-notice (not re-file) the motion for a hearing in compliance with Local Rule 7-2(a). The hearing set for 10/9/2019 has been VACATED, the briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 9/19/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 16 MOTION to Remand filed by Deborah Lyon. Motion Hearing set for 10/9/2019 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 10/3/2019. Replies due by 10/10/2019. (Attachments: #1 Exhibit Exhibits for Motion to Remand, #2 Proposed Order Proposed Order for Motion to Remand, #3 Certificate/Proof of Service Proof of Service for Motion to Remand)(Rossi, Daniel) (Filed on 9/19/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 15 Renotice motion hearing re #11 MOTION to Stay Proceedings Pursuant to Transfer of Case to Judge Phyllis J. Hamilton filed byDePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc.. (Related document(s) #11 ) (Anderson-Thompson, Gabrielle) (Filed on 9/12/2019) [Transferred from California Northern on 12/19/2019.] |
| Set/Reset Deadlines as to #11 MOTION to Stay Proceedings. Motion Hearing set for 10/9/2019 at 09:00 AM in Oakland, Courtroom 4, 3rd Floor before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 9/12/2019) [Transferred from California Northern on 12/19/2019.] |
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Filing 14
ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 12/12/2019. Initial Case Management Conference set for 12/19/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 9/5/19. (kcS, COURT STAFF) (Filed on 9/5/2019) [Transferred from California Northern on 12/19/2019.]
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Filing 13
***DISREGARD, ENTERED IN ERROR. SEE DOCKET #14 FOR CORRECTED ENTRY***ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 12/12/2019. Initial Case Management Conference set for 12/19/2019 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 9/5/19. (kcS, COURT STAFF) (Filed on 9/5/2019) Modified on 9/5/2019 (kcS, COURT STAFF). [Transferred from California Northern on 12/19/2019.]
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Judge James Donato no longer assigned to case pursuant to General Order 67.. Signed by Clerk on 9/4/19. (as, COURT STAFF) (Filed on 9/4/2019) [Transferred from California Northern on 12/19/2019.]
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| Filing 11 MOTION to Stay Proceedings; Memorandum of Points and Authorities filed by DePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc.. Motion Hearing set for 10/10/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/18/2019. Replies due by 9/25/2019. (Attachments: #1 Exhibit 1 to Notice of Motion and Motion to Stay, #2 Exhibit 2 to Notice of Motion and Motion to Stay, #3 Proposed Order Granting Defendants' Motion to Stay Proceedings)(Anderson-Thompson, Gabrielle) (Filed on 9/4/2019) Modified on 9/5/2019 (ajsS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
| Filing 10 STIPULATION to Extend Time to Respond to Complaint by Not More Than 30 Days filed by DePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc.. (Anderson-Thompson, Gabrielle) (Filed on 8/29/2019) [Transferred from California Northern on 12/19/2019.] |
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Filing 9
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/5/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 11/27/2019. Signed by Judge James Donato on 8/29/19. (lrcS, COURT STAFF) (Filed on 8/29/2019) [Transferred from California Northern on 12/19/2019.]
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Filing 8
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 8/28/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/28/2019) [Transferred from California Northern on 12/19/2019.]
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| Filing 7 DEMAND for Trial by Jury by Deborah Lyon. (Attachments: #1 Certificate/Proof of Service)(Rossi, Daniel) (Filed on 8/28/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 8/28/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2019. Initial Case Management Conference set for 11/22/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/27/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/6/2019. (as, COURT STAFF) (Filed on 8/23/2019) [Transferred from California Northern on 12/19/2019.] |
| Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by DePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc... (Anderson-Thompson, Gabrielle) (Filed on 8/22/2019) Modified on 8/27/2019 (gbaS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
| Filing 2 Certificate of Interested Entities by DePuy Orthopaedics, Inc., DePuy Products, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc. identifying Corporate Parent Johnson & Johnson, Corporate Parent Johnson & Johnson International for DePuy Orthopaedics, Inc. n/k/a Medical Device Business Services Inc., Depuy International Limited, Johnson & Johnson Services, Inc.; Corporate Parent Johnson & Johnson for DePuy Products, Inc.. (Anderson-Thompson, Gabrielle) (Filed on 8/22/2019) Modified on 8/27/2019 (gbaS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
| Filing 1 NOTICE OF REMOVAL of Action to United States District Court Under 28 U.S.C. Section 1441(b)(Diversity) from San Francisco County Superior Court. Their case number is CGC-19-577446. (Filing fee $400.00, receipt number 0971-13640387). Filed by DePuy Products, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., DePuy Orthopaedics, Inc., Depuy International Limited. (Attachments: #1 Exhibit 1 to Notice of Removal of Action, #2 Exhibit 2 to Notice of Removal of Action, #3 Civil Cover Sheet) (Anderson-Thompson, Gabrielle) (Filed on 8/22/2019) Modified on 8/27/2019 (gbaS, COURT STAFF). [Transferred from California Northern on 12/19/2019.] |
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