Shattuck v. A1A Inc et al
| John B Shattuck |
| Medical Device Business Services Inc, A1A Inc, David Tully Eva, DePuy Inc, DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, Johnson & Johnson Services Inc, Johnson & Johnson and John Does 1-10 |
| Special Master |
| 3:2021cv02449 |
| October 6, 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. § 1441 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on November 19, 2022. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. (chmb) |
| Filing 48 MEMORANDUM OPINION AND ORDER - The Court GRANTS the Motion to Remand. This case is hereby remanded to the Superior Court of King County, Washington (Case No. 21-2-05212-2). (chmb) (Additional attachment(s) added on 11/21/2022: #1 Remand Letter) (axm). |
| Filing 47 Election to Withdraw from CMO 13 Mediation, NOTICE of Non-Waiver of Objection to Jurisdiction re: 45 Order filed by John B Shattuck (Sayeg, Ilyas) Modified text on 3/22/2022 (jmg). |
| Filing 46 OBJECTION to 45 ELECTRONIC ORDER. (Sayeg, Ilyas) Docket text modified on 3/21/2022 (twd). |
Filing 45
ELECTRONIC ORDER: The Court hereby ORDERS the parties to mediate this case in compliance with Case Management Order No. 13. (Doc. 1150) At the conclusion of mediation, the Court instructs the Mediator to provide an updated recommendation to the Court. (Ordered by Judge Ed Kinkeade on 3/15/2022) (chmb)
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| Filing 44 Pursuant to the Court's Case Management Order No. 13 [Doc. 1150], as Court-appointed Special Master and Mediator, I sought available dates from the Parties to attend mediation in April 2022. Pursuant to the Courts Order Regarding Cases Removed from State Court [Doc. 189], Counsel for Plaintiff objected to mediation and did not provide availability until the Court rules on its Motion for Suggestion of Remand. Pursuant to Doc. 189, the Special Master recommends that the case be mediated in April or May 2022 before the Court considers the pending Motion. (James M. Stanton - Special Master.) (chmb) |
| Filing 43 MOTION for Leave to File Supplemental Authority in Support of Motion for Remand filed by John B Shattuck (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Proposed Order) (Sayeg, Ilyas) |
| Filing 42 RESPONSE filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #41 Unopposed MOTION for Hearing re #11 MOTION to Remand (Beisner, John) |
| Filing 41 Unopposed MOTION for Hearing re #11 MOTION to Remand filed by John B Shattuck Attorney Ilyas Sayeg added to party John B Shattuck(pty:pla) (Sayeg, Ilyas) |
| Filing 40 Case electronically transferred in from District of Washington Western; Case Number 2:21-cv-00945. 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 39 MDL 2244 TRANSFER ORDER in re DePuy Orthopaedics Inc, Pinnacle Hip Implant Producs Liability Litigation; transferred to the Northern District of Texas; assigned to Judge James E. Kinkeade. (Attachments: #1 Transfer Order email)(LH) [Transferred from Washington Western on 10/6/2021.] |
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Filing 38
ORDER granting Defendants' #12 Motion to Stay; denying Plaintiff's #18 Motion to Expedite. The Court defers ruling on Plaintiff's motion to remand until after the JMPL decision. Signed by Judge Barbara J. Rothstein.(MW) [Transferred from Washington Western on 10/6/2021.]
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Filing 37
ORDER re #22 Application for Leave to Appear Pro Hac Vice,. The Court ADMITS Attorney Jessica D Miller for Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) [Transferred from Washington Western on 10/6/2021.]
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| Filing 36 DECLARATION of William J. Leedom filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re #12 MOTION to Stay (Attachments: #1 Exhibit 1)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 35 REPLY, filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc, TO RESPONSE to #12 MOTION to Stay (Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 34 DECLARATION of Altom M. Maglio filed by Plaintiff John B Shattuck re #18 MOTION to Expedite Review of Motion For Remand (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Maglio, Altom) [Transferred from Washington Western on 10/6/2021.] |
| Filing 33 REPLY, filed by Plaintiff John B Shattuck, TO RESPONSE to #18 MOTION to Expedite Review of Motion For Remand (Maglio, Altom) [Transferred from Washington Western on 10/6/2021.] |
| Filing 32 REPLY, filed by Plaintiff John B Shattuck, TO RESPONSE to #11 MOTION to Remand (Maglio, Altom) [Transferred from Washington Western on 10/6/2021.] |
| Filing 31 NOTICE of Appearance by attorney Altom Michael Maglio on behalf of Plaintiff John B Shattuck. (Maglio, Altom) [Transferred from Washington Western on 10/6/2021.] |
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Filing 30
Minute Order: At the request of the parties, the deadlines in the Court's Scheduling Order (Dkt. #10 ) are extended by 90 days to the following: Joint Status Report due by November 29, 2021, FRCP 26(f) Conference Deadline is November 15, 2021, Initial Disclosure Deadline is November 22, 2021. Authorized by Judge Barbara J. Rothstein. (MW) [Transferred from Washington Western on 10/6/2021.]
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| Filing 29 DECLARATION of William J. Leedom filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re #11 MOTION to Remand (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 28 RESPONSE, by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc, to #11 MOTION to Remand . (Attachments: #1 Proposed Order)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 27 DECLARATION of William J. Leedom filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re #18 MOTION to Expedite Review of Motion For Remand (Attachments: #1 Exhibit Exhibit 1)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 26 RESPONSE, by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc, to #18 MOTION to Expedite Review of Motion For Remand. (Attachments: #1 Proposed Order Proposed Order)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 25 DECLARATION of Talis Abolins filed by Plaintiff John B Shattuck re #12 MOTION to Stay (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Abolins, Talis) [Transferred from Washington Western on 10/6/2021.] |
| Filing 24 RESPONSE, by Plaintiff John B Shattuck, to #12 MOTION to Stay . Oral Argument Requested. (Attachments: #1 Proposed Order Denying Motion to Stay)(Abolins, Talis) [Transferred from Washington Western on 10/6/2021.] |
| Filing 23 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by A1A Inc (Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 22 APPLICATION OF ATTORNEY Jessica Davidson Miller FOR LEAVE TO APPEAR PRO HAC VICE for Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Fee Paid) Receipt No. AWAWDC-7184859 (Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 21 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 20 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal,,,, . by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc.(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 19 NOTICE OF RELATED ACTION re MDL #2244; filed by Defendants Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (DePuy Orthopaedics, Inc.). (PM) [Transferred from Washington Western on 10/6/2021.] |
| Filing 18 MOTION to Expedite Review of Motion For Remand, filed by Plaintiff John B Shattuck. Oral Argument Requested. (Attachments: #1 Exhibit Declaration of Abolins In Support of Expedited Review, #2 Proposed Order Granting Expedited Review)(Abolins, Talis) [Transferred from Washington Western on 10/6/2021.] |
| Filing 17 NOTICE of Filing of Conditional Transfer Order re #12 MOTION to Stay ; filed by Defendants DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Attachments: #1 Exhibit 1)(Norman, David) [Transferred from Washington Western on 10/6/2021.] |
| Filing 16 DEMAND for JURY TRIAL by Defendants A1A Inc, DePuy Synthes Sales Inc, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc (Norman, David) [Transferred from Washington Western on 10/6/2021.] |
| Filing 15 Notice of Filing Deficiency ***Action Required*** Attorney Admission.See attached letter for more information and instructions. (RE) [Transferred from Washington Western on 10/6/2021.] |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) A1A Inc, Medical Device Business Services Inc, Depuy Synthes Sales Inc, Johnson & Johnson Services Inc, and Johnson & Johnson must file a Corporate Disclosure Statement by 7/28/2021. (RE) [Transferred from Washington Western on 10/6/2021.] |
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Filing 14
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases Setting Trial Date, Related Dates, and Court Procedures ("Standing Order") [Dkt. No. #8 ], the Court HEREBY STRIKES the noting date for the motion to remand [Dkt. No. #11 ]. Instead, pursuant to Section II.A. 3 of the Standing Order, the opposition to the motion is due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. This Minute Order does not strike the motion; rather, it strikes the noting date. The Court will consider the motion upon the completion of briefing in accordance with the foregoing schedule. In the future, the Court expects the parties to comply with the terms of the Standing Order.Signed by Judge Barbara J. Rothstein. (SR) [Transferred from Washington Western on 10/6/2021.]
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| Filing 13 DECLARATION of William J. Leedom filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re #12 MOTION to Stay (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 12 MOTION to Stay , filed by Defendants A1A Inc, DePuy Synthes Sales Inc, John Does 1-10, David Tully Eva, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Attachments: #1 Proposed Order Proposed Order)(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 11 MOTION to Remand , filed by Plaintiff John B Shattuck. (Attachments: #1 Proposed Order Proposed Order Granting Remand) Noting Date 8/13/2021, (Abolins, Talis) Modified on 7/20/2021 to terminate noting date per dkt 14 (SR).[Transferred from Washington Western on 10/6/2021.] |
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Filing 10
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/30/2021, FRCP 26(f) Conference Deadline is 8/16/2021, Initial Disclosure Deadline is 8/23/2021. Signed by Judge Barbara J. Rothstein. (GC) [Transferred from Washington Western on 10/6/2021.]
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Filing 9
DISREGARD, FILE ATTACHMENT DID NOT ATTACH TO THIS ORDER. NEW ORDER TO FOLLOW: ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 8/30/2021, FRCP 26(f) Conference Deadline is 8/16/2021, Initial Disclosure Deadline is 8/23/2021. Signed by Judge Barbara J. Rothstein. (GC) Modified on 7/19/2021 (GC). [Transferred from Washington Western on 10/6/2021.]
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Filing 8
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (GC) [Transferred from Washington Western on 10/6/2021.]
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| Filing 7 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE) [Transferred from Washington Western on 10/6/2021.] |
| Filing 6 Notice of Filing Deficiency ***Action Required*** Notice of Removal - Jury Demand.See attached letter for more information and instructions. (RE) [Transferred from Washington Western on 10/6/2021.] |
| Filing 5 Notice of Filing Deficiency ***Action Required*** Notice of Removal - Jury Demand Improperly Submitted.See attached letter for more information and instructions. (RE) (Please disregard, see docket entry 6) [Transferred from Washington Western on 10/6/2021.] |
| Filing 4 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal,,, . by A1A, Inc., David Tully Eva.(Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 3 NOTICE of Appearance by attorney Talis M Abolins on behalf of Plaintiff John B Shattuck. (Abolins, Talis) [Transferred from Washington Western on 10/6/2021.] |
| Judge Barbara J. Rothstein added. (RE) [Transferred from Washington Western on 10/6/2021.] |
| Filing 2 CIVIL COVER SHEET re #1 Notice of Removal,,, ; filed by Defendants A1A, Inc., DePuy Synthes Sale, Inc., John Does 1-10, David Tully Eva, Johnson & Johnson Services Inc., Johnson and Johnson, Medical Device Business Services, Inc.. (Leedom, William) [Transferred from Washington Western on 10/6/2021.] |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 21-2-05212-2; (Receipt # AWAWDC-7167831) Attorney William James Leedom added to party A1A, Inc.(pty:dft), Attorney William James Leedom added to party DePuy Synthes Sale, Inc.(pty:dft), Attorney William James Leedom added to party John Does 1-10(pty:dft), Attorney William James Leedom added to party David Tully Eva(pty:dft), Attorney William James Leedom added to party Johnson & Johnson Services Inc.(pty:dft), Attorney William James Leedom added to party Johnson and Johnson(pty:dft), Attorney William James Leedom added to party Medical Device Business Services, Inc.(pty:dft), filed by John Does 1-10, David Tully Eva, Johnson & Johnson Services Inc., A1A, Inc., DePuy Synthes Sale, Inc., Medical Device Business Services, Inc., Johnson and Johnson. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Amended Complaint, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Leedom, William) Modified on 7/16/2021 to edit document title. (RE) (Additional attachment(s) added on 7/16/2021: #6 Jury Demand) (RE). [Transferred from Washington Western on 10/6/2021.] |
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