Hall v. Medical Device Business Services Inc et al
| Sidney Hall |
| Tom McTighe, OrthoMidwest Inc, Johnson & Johnson Services Inc, Stacie M. Matrka, Thomas J. McTighe, Johnson & Johnson, DePuy Synthes Sales Inc, TJM Medical Inc and Medical Device Business Services Inc |
| Special Master |
| 3:2021cv01321 |
| June 8, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 113 CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) |
| Interdistrict Transfer to Northern District of Ohio; notice sent via email. All documents available electronically. If receiving court cannot upload, they should request restricted documents from this court and obtain public documents from PACER. Counsel advised to file future documents in Northern District of Ohio. (twd) |
| Filing 112 (Document Restricted) Sealed Response and Objection re: #89 Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
| Filing 111 (Document Restricted) Sealed Response and Objection re: #88 Motion in Limine (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
| Filing 110 RESPONSE AND OBJECTION filed by Sidney Hall re: #87 MOTION in Limine (Omnibus) (Stephan, Michele) |
Filing 109
ELECTRONIC ORDER granting #108 Unopposed Motion to Withdraw as Counsel. Attorney Erica M James withdrawn as Counsel for Defendants Medical Device Business Services, Inc., DePuy Synthes Sales,Inc., Johnson & Johnson Services, Inc.; Johnson & Johnson; OrthoMidwest, Inc.; Stacie M. Matrka; TJM Medical, Inc.; and Thomas J. McTighe. A. Michael Anderton of Tucker Ellis LLP, shall remain as Counsel for those Defendants. (Ordered by Judge Ed Kinkeade on 1/4/2023) (chmb)
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| Filing 108 MOTION to Withdraw as Attorney filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Stacie M. Matrka, Thomas J. McTighe, Tom McTighe, Medical Device Business Services Inc, OrthoMidwest Inc, TJM Medical Inc (Attachments: #1 Proposed Order) (James, Erica) |
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Filing 107
ELECTRONIC ORDER: Before the Court is Erica James' Notice of Withdrawal. The Clerk is directed to take no action on this notice. Movant may reurge their request by filing a proper motion with the Court that complies with this Court's local rules. (Ordered by Judge Ed Kinkeade on 1/4/2023) (chmb)
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| Filing 106 NOTICE of Withdrawal of Erica M. James filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Stacie M. Matrka, Thomas J. McTighe, Tom McTighe, Medical Device Business Services Inc, OrthoMidwest Inc, TJM Medical Inc (James, Erica) |
| Filing 105 Joint STATUS REPORT (third) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri) |
| Filing 104 Appendix in Support filed by Sidney Hall re #103 Response/Objection (Stephan, Michele) |
| Filing 103 RESPONSE filed by Sidney Hall re: #81 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER CASSCELLS, M.D. (Sealed pursuant to order dated 6/20/2012) (Stephan, Michele) |
| Filing 102 RESPONSE AND OBJECTION filed by Stacie M. Matrka, Thomas J. McTighe, OrthoMidwest Inc, TJM Medical Inc re: #83 MOTION for Partial Summary Judgment (Beisner, John) |
| Filing 101 (Document Restricted) Sealed Response and Objection re: #82 Motion for Summary Judgment (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
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Filing 100
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding 16 cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified 15 cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb)
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Filing 99
ELECTRONIC ORDER - On December 2, 2022 the Special Master recommended that the Motion to Strike Defendants' Answer and other relief [Dkt. 68] should be DENIED without prejudice to being re-urged if the Defendants do not amend their answers within 14 days to comply with the Federal Rules of Civil Procedure. No objections were filed and therefore, the Motion is DENIED without prejudice to being re-urged. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb)
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| Filing 98 (Document Restricted) Sealed Response and Objection re: #77 Motion for Miscellaneous Relief (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
| Filing 97 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 75, 90] and conducting a telephonic hearing on December 29, 2022 [Dkt. 93], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. The following motions are currently pending in this case: Motion to Compel [Dkt. 70]; Motions to Exclude [Dkts. 76, 77, 78, 79, 81]; Motions for Summary Judgment [Dkts. 82, 83]; and Motions in Limine [Dkts. 87, 88, 89]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) |
| Filing 96 RESPONSE AND OBJECTION filed by Sidney Hall re: #78 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Stephan, Michele) |
| Filing 95 RESPONSE AND OBJECTION filed by Sidney Hall re: #79 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012), #78 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS (Sayeg, Ilyas) |
| Filing 94 RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #76 MOTION Exclude or Limit Def Expert Opinions (Beisner, John) |
| Filing 93 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON THURSDAY, DECEMBER 29, 2022 filed by Special Master. (Stanton, James) |
| Filing 92 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) |
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Filing 91
ELECTRONIC ORDER - On December 2, 2022 the Special Master recommended that The Motion for Suggestion of Remand [Dkt. 37] should be DENIED because the Court has already entered a scheduling order in the case; and Motion to Amend Scheduling Order should be DENIED [Dkt. 61]. No objections were filed. Therefore, the motions are DENIED. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb)
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| Filing 90 Joint STATUS REPORT (Second) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Bruksch, Terri) |
| Filing 89 MOTION in Limine filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele) |
| Filing 88 MOTION in Limine filed by Sidney Hall with Brief/Memorandum in Support. (Stephan, Michele) |
| Filing 87 MOTION in Limine (Omnibus) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) |
| Filing 86 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 29, 2022 at 8:45 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) |
| Filing 85 REPLY filed by Sidney Hall re: #70 MOTION to Compel Depositions (Stephan, Michele) |
| Filing 84 Brief/Memorandum in Support filed by Sidney Hall re #83 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Stephan, Michele) |
| Filing 83 MOTION for Partial Summary Judgment filed by Sidney Hall with Brief/Memorandum in Support. (Stephan, Michele) |
| Filing 82 MOTION for Summary Judgment filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s)) (Stephan, Michele) |
| Filing 81 (Document Restricted) MOTION AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE CERTAIN OPINIONS OF CHRISTOPHER CASSCELLS, M.D. (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits, #2 Proposed Order) (Beisner, John) |
| Filing 80 ADDITIONAL ATTACHMENTS to #76 Motion for Miscellaneous Relief, #77 Motion for Miscellaneous Relief by Plaintiff Sidney Hall. (Stephan, Michele) |
| Filing 79 (Document Restricted) MOTION TO EXCLUDE THE OPINIONS OF ALBERT H. BURSTEIN, PH.D., J. MARCUS HOLLIS, PH.D. AND NATHANIEL YOUNG, M.S. REGARDING THE NATURE AND MEDICAL CAUSE OF PLAINTIFFS ALLEGED INJURIES (Sealed pursuant to order dated 6/20/2012) filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Attachments: #1 Exhibit(s) Appendix of Exhibits Part 1, #2 Exhibit(s) Appendix of Exhibits Part 2, #3 Exhibit(s) Appendix of Exhibits Part 3, #4 Exhibit(s) Appendix of Exhibits Part 4, #5 Exhibit(s) Appendix of Exhibits Part 5, #6 Proposed Order) (Beisner, John) |
| Filing 78 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Synthes Sales Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft), Attorney John H Beisner added to party Medical Device Business Services Inc(pty:dft) (Beisner, John) |
| Filing 77 MOTION Exclude or Limit Non Retained Witness Testimony filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele) |
| Filing 76 MOTION Exclude or Limit Def Expert Opinions filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele) |
| Filing 75 Joint STATUS REPORT filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc, OrthoMidwest Inc, TJM Medical Inc. (Bruksch, Terri) |
| Filing 74 RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #70 MOTION to Compel Depositions (Beisner, John) |
| Filing 73 NOTICE of the Special Master's rulings: Defendants are directed to file a response to the Plaintiff's Motion to Compel Depositions [Dkt. 70] by December 9, 2022. filed by Special Master (Stanton, James) |
| Filing 72 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 71], and the Court's Scheduling Order of September 16, 2022 [Dkt. 48], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. The Motion for Suggestion of Remand [Dkt. 37] should be DENIED because the Court has already entered a scheduling order in the case; Motion to Amend Scheduling Order should be DENIED [Dkt. 61]; and the Motion to Strike Defendants' Answer and other relief [Dkt. 68] should be DENIED without prejudice to being re-urged if the Defendants do not amend their answers within 14 days to comply with the Federal Rules of Civil Procedure. filed by Special Master (Stanton, James) |
| Filing 71 SPECIAL MASTER'S STATUS REPORT - Presently there are eighty-two cases remaining in this MDL. Sixty-six of the remaining cases are on a scheduling order where all pre-trial filings will be complete by December 30, 2022; twelve of the cases are on a scheduling order with pre-trial filings complete by March 3, 2023; and, four cases are subject to dismissal if service is not quickly accomplished. Although over half of the remaining cases in the MDL have efficiently moved forward on the scheduling order, a select few cases have required significant attention through motions practice and some parties stated inability to meet the Court's deadlines. Many of the issues raised in the motions were resolved through hearings or through agreement. In the previous 45 days, I have conducted numerous formal and informal status conferences. The transcripts and docket entry from those conferences are attached and are being docketed in all cases remaining in the MDL because they could affect outstanding legal and factual disputes among the parties in any of the cases. (Attachments: #1 10-18-2022 Conference Transcript, #2 10-19-2022 Conference Transcript, #3 10-23-2022 Conference Transcript, #4 10-28-2022 Conference Transcript, #5 Docket Entry 1283, #6 11-16-2022 Conference Transcript) (Stanton, James M.) |
| Filing 70 MOTION to Compel Depositions filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele) |
| Filing 69 RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #68 MOTION to Strike #57 Answer to Amended Complaint,, #58 Answer to Amended Complaint,, (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
| Filing 68 MOTION to Strike #57 Answer to Amended Complaint,, #58 Answer to Amended Complaint,, filed by Sidney Hall with Brief/Memorandum in Support. (Stephan, Michele) |
| Filing 67 On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) |
| Filing 66 Designation of Experts by Sidney Hall. (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Stephan, Michele) |
| Filing 65 NOTICE of Consent to 90 day Extension of Deadlines and Withdrawal of Request for Remand re: #61 MOTION to Amend/Correct #48 Scheduling Order,,,, filed by Sidney Hall (Stephan, Michele) |
| Filing 64 RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #61 MOTION to Amend/Correct #48 Scheduling Order,,,, (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
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Filing 63
ELECTRONIC ORDER denying #32 as MOOT Motion Request for Expedited Mediation. Mediation has occurred. (Ordered by Judge Ed Kinkeade on 10/20/2022) (chmb)
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Filing 62
ELECTRONIC ORDER denying #23 Motion to Amend Complaint as MOOT. Plaintiff filed an Amended Complaint on September 21, 2022. (Ordered by Judge Ed Kinkeade on 10/20/2022) (chmb)
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| Filing 61 MOTION to Amend/Correct #48 Scheduling Order,,,, filed by Sidney Hall with Brief/Memorandum in Support. (Stephan, Michele) |
| Filing 60 ANSWER to #49 Amended Complaint,,, with Jury Demand filed by Stacie M. Matrka, OrthoMidwest 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. Attorney Terri Bruksch added to party Stacie M. Matrka(pty:dft), Attorney Terri Bruksch added to party OrthoMidwest Inc(pty:dft) (Bruksch, Terri) |
| Filing 59 ANSWER to #49 Amended Complaint,,, with Jury Demand filed by Thomas J. McTighe, TJM Medical 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. Attorney Terri Bruksch added to party Thomas J. McTighe(pty:dft), Attorney Terri Bruksch added to party TJM Medical Inc(pty:dft) (Bruksch, Terri) |
| Filing 58 ANSWER to #49 Amended Complaint,,, with Jury Demand filed by DePuy Synthes Sales Inc, Johnson & Johnson, 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. Attorney Terri Bruksch added to party Johnson & Johnson(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Services Inc(pty:dft) (Bruksch, Terri) |
| Filing 57 ANSWER to #49 Amended Complaint,,, with Jury Demand filed by Medical Device Business 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. Attorney Terri Bruksch added to party Medical Device Business Services Inc(pty:dft) (Bruksch, Terri) |
| Filing 56 SUMMONS Returned Executed as to TJM Medical Inc ; served on 9/28/2022. (Stephan, Michele) |
| Filing 55 SUMMONS Returned Executed as to Thomas J. McTighe ; served on 9/28/2022. (Stephan, Michele) |
| Filing 54 RESPONSE AND OBJECTION filed by Sidney Hall re: #53 Status Report (Stephan, Michele) |
| Filing 53 STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 52 Summons Issued as to Stacie M. Matrka. (axm) |
| Filing 51 Summons Issued as to Thomas J. McTighe, OrthoMidwest Inc, TJM Medical Inc. (axm) |
| Filing 50 Request for Clerk to issue Summons filed by Sidney Hall. (Attachments: #1 Additional Page(s) Summons - OrthoMidwest, #2 Additional Page(s) Summons - McTighe, #3 Additional Page(s) Summons - Matrka) (Sayeg, Ilyas) |
| Filing 49 AMENDED COMPLAINT WITH JURY DEMAND against DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc, TJM Medical Inc, Thomas J. McTighe, Stacie M. Matrka, OrthoMidwest, TJM Medical filed by Sidney Hall. Plaintiff will submit summons(es) for issuance. 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. (Sayeg, Ilyas) |
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Filing 48
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 6. The parties shall file motions in limine as well as any motions seeking to limit the testimony of any witness at trial for any reason by December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb)
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| Filing 47 RESPONSE AND OBJECTION filed by Sidney Hall re: #46 Status Report (Stephan, Michele) |
| Filing 46 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 45 RESPONSE filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #44 Response/Objection (Attachments: #1 Exhibit(s) A - Case List, #2 Exhibit(s) Appendix) (Bruksch, Terri) |
| Filing 44 RESPONSE filed by Sidney Hall re: #43 Status Report (Stephan, Michele) |
| Filing 43 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 42 RESPONSE filed by Sidney Hall re: #41 Status Report (Stephan, Michele) |
| Filing 41 STATUS REPORT (Defendants' Report) filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Company, Johnson & Johnson Services Inc. (Bruksch, Terri) |
| Filing 40 REPLY filed by Sidney Hall re: #37 MOTION to Remand (Stephan, Michele) |
| Filing 39 RESPONSE filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #37 MOTION to Remand (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
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Filing 38
ELECTRONIC ORDER withdrawing #35 Suggestion of Remand pursuant to Plaintiff's Notice of Withdraw. (Ordered by Judge Ed Kinkeade on 5/27/2022) (chmb)
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| Filing 37 MOTION to Remand filed by Sidney Hall with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Stephan, Michele) |
| Filing 36 NOTICE of Withdrawal re: #35 MOTION to Remand filed by Sidney Hall (Stephan, Michele) |
| Filing 35 MOTION to Remand filed by Sidney Hall (Attachments: #1 Proposed Order) (Stephan, Michele) |
| Filing 34 NOTICE of Election to Withdraw from CMO 13 Mediation filed by Sidney Hall (Stephan, Michele) |
| Filing 33 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], the Court-appointed Special Master and Mediator obtained availability from the Parties to attend mediation in April 2022. Based on communication with the Parties, the Mediator confirmed mediation for a date in April 2022 and provided further instructions via email. (James M. Stanton - Special Master.) (chmb) |
| Filing 32 NOTICE of Compliance with CMO 12 & Request for Expedited Mediation filed by Sidney Hall (Sayeg, Ilyas) |
| Filing 31 NOTICE of Compliance CMO 12 Expert Reports filed by Sidney Hall (Sayeg, Ilyas) |
| Filing 30 NOTICE of Compliance filed by Sidney Hall (Sayeg, Ilyas) |
| Filing 29 NOTICE of Compliance filed by Sidney Hall (Stephan, Michele) |
| Filing 28 NOTICE of Attorney Appearance by Michele S Stephan on behalf of Sidney Hall. (Filer confirms contact info in ECF is current.) (Stephan, Michele) |
| Filing 27 Reply In Support of #23 Motion for Leave to File Amended Complaint filed by Sidney Hall. (ykp) |
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Filing 26
ELECTRONIC ORDER granting #25 Unopposed Motion to Extend Time to File Reply. The Clerk is DIRECTED to file Plaintiff's reply brief which is attached to this motion. (Ordered by Judge Ed Kinkeade on 8/16/2021) (chmb)
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| Filing 25 MOTION for Extension of Time to File Response/Reply to #24 Response/Objection, filed by Sidney Hall (Attachments: #1 Exhibit(s) Reply In Support of Motion for Leave to File Amended Complaint, #2 Proposed Order Granting Leave to Extend) (Sayeg, Ilyas) |
| Filing 24 RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #23 MOTION to Amend/Correct Complaint (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
| Filing 23 MOTION to Amend/Correct Complaint filed by Sidney Hall (Attachments: #1 Exhibit(s), #2 Proposed Order) (Sayeg, Ilyas) |
| Filing 22 Case electronically transferred in from District of Ohio Northern; Case Number 1:21-cv-00897. 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. |
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Filing 21
Order by the Judicial Panel on Multidistrict Litigation lifting stay of Conditional Transfer order. In re: MDL 2244 DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. Case transferred to the Northern District of Texas and assigned to the Honorable James Edgar Kinkeade. (P,R) [Transferred from Ohio Northern on 6/8/2021.]
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| Filing 20 Opinion and Order: For the reasons stated in the Court's separate Opinion and Order, the Court determines that Plaintiff fraudulently joined the Distributor Defendants. Therefore, the Court DISMISSES OrthoMidwest, Inc., Stacie Matrka, TJM Medical, Inc., and Thomas J. McTighe and DENIES Plaintiff's motion to remand (ECF No. #8 .) Further, the Court GRANTS Defendants' motion to stay these proceedings pending transfer by the Judicial Panel on Multidistrict Litigation. SO ORDERED. Judge J. Philip Calabrese on 5/24/2021.(Y,A) [Transferred from Ohio Northern on 6/8/2021.] |
| Minutes of proceedings [non-document] before Judge J. Philip Calabrese. On Friday, May 21, 2021, the Court held oral arguments on Defendants' motion to stay (ECF No. #6 ) and Plaintiff's motion to remand (ECF No. #8 .) Ilyas Sayeg and Daniel Abraham appeared for Plaintiff. Jessica Miller and Michael Anderton appeared for Defendants. The Court will take the parties' respective arguments under advisement and render an opinion in due course. (Court Reporter: Heather Newman.) Time: 1 hour 17 minutes. (Y,A) [Transferred from Ohio Northern on 6/8/2021.] |
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Order [non-document]: granting Defendants' Motion for appearance pro hac vice by attorney Jessica D. Miller for Depuy Synthes Sales, Inc.,Jessica D. Miller for Johnson & Johnson,Jessica D. Miller for Johnson & Johnson Services, Inc.,Jessica D. Miller for Stacie M. Matrka,Jessica D. Miller for Medical Device Business Services, Inc.,Jessica D. Miller for OrthoMidwest, Inc.,Jessica D. Miller for TJM Medical, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #17 ). Judge J. Philip Calabrese on 5/21/2021. (Y,A) [Transferred from Ohio Northern on 6/8/2021.]
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| Filing 19 Reply in Support of #8 Motion to Remand to State Court filed by Sidney Hall. (Attachments: #1 Exhibit 1, Common Pleas Answer #2 Exhibit 2, Common Pleas Complaint)(Sayeg, Ilyas) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 18 Notice of Supplemental Authority filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 17 Motion for attorney Jessica D. Miller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10842247, filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Stacie M. Matrka, Tom McTighe, Medical Device Business Services, Inc., OrthoMidwest, Inc., TJM Medical, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A-Declaration of Jessica D. Miller)(James, Erica) [Transferred from Ohio Northern on 6/8/2021.] |
| IMPORTANT: Notice [non-document]: Oral argument on Plaintiff's motion to remand (ECF No. #8 ) and Defendants' motion to stay (ECF No. #6 ) is set for May 21, 2021 at 11:00 AM in Courtroom 16-B at the Carl B. Stokes United States Courthouse, 801 W. Superior Ave., Cleveland, Ohio 44113 before Judge J. Philip Calabrese. (Y,A) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 16 Memorandum of Law in Opposition to #8 Motion to remand filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Related document(s) #15 ). (Attachments: #1 Exhibit 1-Case Management Order No. 12) (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 15 Opposition to #8 Motion to remand to State Court filed by Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc., Depuy Synthes Sales, Inc.. (Attachments: #1 Exhibit 1-Case Management Order No. 12) (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 14 Motion for leave to File Sur-Reply to Defendants' Reply to Plaintiff's Brief in Opposition to Motion to Stay filed by Plaintiff Sidney Hall. Related document(s) #12 . (Attachments: #1 Exhibit A - Plaintiff's Sur-Reply, #2 Exhibit A to Plaintiff's Sur-Reply, #3 Exhibit B to Plaintiff's Sur-Reply, #4 Exhibit C to Plaintiff's Sur-Reply)(Abraham, Daniel) [Transferred from Ohio Northern on 6/8/2021.] |
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Order [non-document]: Pursuant to Paragraph 7.B. of the Court's Civil Standing Order, the Court DENIES the motion for leave to file a surreply (ECF No. #14 .) Judge J. Philip Calabrese on 5/14/2021. (Y,A) [Transferred from Ohio Northern on 6/8/2021.]
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Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Ilyas Sayeg for Sidney Hall. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No. #13 ). Judge J. Philip Calabrese on 5/12/2021. (Y,A) [Transferred from Ohio Northern on 6/8/2021.]
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| Filing 13 Motion for attorney Ilyas Sayeg to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10827047, filed by Plaintiff Sidney Hall. (Attachments: #1 Affidavit of Ilyas Sayeg, #2 Proposed Order)(Abraham, Daniel) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 12 Reply memorandum of law in support of #6 Motion to stay All Proceedings Pending Transfer to MDL No. 2244 filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (Attachments: #1 Exhibit 1 - Pinnacle MDL 2244 CMO No. 12)(Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 11 Corporate Disclosure Statement filed by TJM Medical, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 10 Corporate Disclosure Statement filed by OrthoMidwest, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 9 Opposition to #6 Motion to stay All Proceedings Pending Transfer to MDL No. 2244 filed by Sidney Hall. (Abraham, Daniel) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 8 Motion to remand to State Court filed by Plaintiff Sidney Hall. (Attachments: #1 Exhibit 1 - Proof of Service, #2 Exhibit 2 - Depuy Cirriculum)(Abraham, Daniel) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 7 Magistrate Consent Form issued. (S,SR) [Transferred from Ohio Northern on 6/8/2021.] |
| Judge J. Philip Calabrese assigned to case. (S,SR) [Transferred from Ohio Northern on 6/8/2021.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR) [Transferred from Ohio Northern on 6/8/2021.] |
| Notice by Clerk that OrthoMidwest, Inc. and TJM Medical, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (S,SR) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 6 Motion to stay All Proceedings Pending Transfer to MDL No. 2244 filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 5 Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Medical Device Business Services, Inc. filed by Medical Device Business Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 4 Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Depuy Synthes Sales, Inc. filed by Depuy Synthes Sales, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Johnson & Johnson Services, Inc. filed by Johnson & Johnson Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 2 Corporate Disclosure Statement filed by Johnson & Johnson. (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
| Filing 1 Notice of Removal from Cuyahoga County Common Pleas, case number CV-21-944784 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-10807753. Filed by Medical Device Business Services, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Depuy Synthes Sales, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Amended Complaint, #4 Exhibit 3 - Declaration of Stacie M. Matrka, #5 Exhibit 4 - Declaration of Thomas J. McTighe, #6 Exhibit 5 - Cuyahoga County Common Pleas Court Pleadings) (Anderton, A.) [Transferred from Ohio Northern on 6/8/2021.] |
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