Hitchcock v. Johnson & Johnson et al
| David Hitchcock |
| Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc and DePuy Synthes Sales Inc |
| Special Master |
| 3:2021cv03091 |
| December 13, 2021 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Sam A Lindsay |
| Renee Harris Toliver |
| Torts/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 December 20, 2022. A more recent docket listing may be available from PACER.
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Filing 22
MEMORANDUM OPINION AND ORDER - The Court, in its discretion, GRANTS in part the Amended Motion and hereby reconsiders its order. Because the Defendants Johnson & Johnson and Johnson & Johnson Services, Inc. (together, the "J&J Defendants") are "properly joined and served" forum defendants, the Court finds that removal was improper pursuant to 28 U.S.C. 1441(b)(2). The Court VACATES its Order denying remand (Doc. No. 21) and GRANTS Plaintiff's Motion to Remand (Doc. No. 14). Accordingly, the Court REMANDS this case to the Superior Court of New Jersey, Middlesex County (Case No. MID-L-004905-21). All other of Plaintiff's Motions and requested relief is hereby DENIED as moot. (Ordered by Judge Ed Kinkeade on 12/20/2022) (chmb) (Additional attachment(s) added on 12/22/2022: #1 Remand Letter) (axm).
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Civil Case Terminated. (chmb)
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Filing 21
Administrative Record consisting of REPORTER'S TRANSCRIPT OF PROCEEDINGS HAD ON FRIDAY, December 9, 2022 TELEPHONIC MOTION HEARING filed by Special Master. (Stanton, James)
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Filing 20
REPLY filed by David Hitchcock re: #17 MOTION to Amend/Correct #14 MOTION to Vacate #12 Order on Motion for Hearing,, #13 Scheduling Order,,,, (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 19
NOTICE of On November 18, 2022, this Court entered its Order [Dkt. 12] denying Plaintiff's Motion for Remand [Dkt. 5]. On November 21, 2022, the Plaintiff filed the Motion for Reconsideration and to Vacate the Court's Scheduling Order [Dkt. 14], and on November 29, 2022, the Plaintiff filed the Emergency Motion for Case Management Conference [Dkt. 15]. After the Plaintiff filed the Amended Motion for Reconsideration [Dkt. 17], the Defendants filed their response [Dkt. 18]. The pending motions are set for telephonic hearing before the special master on Friday, December 9, 2022, at 9a Central: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James)
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Filing 18
RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #17 MOTION to Amend/Correct #14 MOTION to Vacate #12 Order on Motion for Hearing,, #13 Scheduling Order,,,, , #15 MOTION Case Management Conference, #14 MOTION to Vacate #12 Order on Motion for Hearing,, #13 Scheduling Order,,,, (Beisner, John)
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Filing 17
MOTION to Amend/Correct #14 MOTION to Vacate #12 Order on Motion for Hearing,, #13 Scheduling Order,,,, filed by David Hitchcock with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 16
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.)
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Filing 15
MOTION Case Management Conference filed by David Hitchcock with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 14
MOTION to Vacate #12 Order on Motion for Hearing,, #13 Scheduling Order,,,, filed by David Hitchcock with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 13
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by December 2, 2022; Each Defendant shall amend pleadings by December 16, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by December 30, 2022; the deposition of each Plaintiff expert shall be conducted between January 9, 2023, and January 20, 2023. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by January 6, 2023; the deposition of each Defendant expert shall be conducted between January 23, 2023 and February 3, 2023. 4. All discovery shall be completed by February 10, 2023. 5. All dispositive motions or Daubert motions shall be filed by February 17, 2023; and any response to the motions shall be filed by March 3, 2023. 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 February 23, 2023. (Ordered by Judge Ed Kinkeade on 11/19/2022) (chmb)
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Filing 12
ORDER - Before the Court is Plaintiff's Combined Cross Motion for Remand and Opposition to Defendant's Motion to Stay filed on September 21, 2021 (Doc. No. 5). Defendants filed a Combined Opposition to Plaintiff's Cross Motion for Remand and Reply in Support of Motion to Stay on November 1, 2021 (Doc. No. 7). Plaintiff did not file a reply. The Court has carefully considered the parties' briefs, the applicable law, and the relevant portions of the record. The Court DENIES the Motion for Remand and for Stay. Plaintiff's Motion for Expedited Hearing or, in the Alternative, Expedited Ruling on Motion for Remand to State Court (Doc. No. 11) is DENIED as moot. (Ordered by Judge Ed Kinkeade on 11/18/2022) (chmb)
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Filing 11
MOTION for Hearing re #5 Motion for Remand to State Court filed by David Hitchcock (Attachments: #1 Proposed Order)Attorney Michele S Stephan added to party David Hitchcock(pty:pla) (Stephan, Michele)
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Judge Ed Kinkeade added. Judge Sam A. Lindsay and Magistrate Judge Renee Harris Toliver no longer assigned to case. (axm)
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Filing 10
Case electronically transferred in from District of New Jersey; Case Number 3:21-cv-17120. 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 9
Order of MDL Panel transferring case to the USDC for the TXND. (dm ) [Transferred from New Jersey on 12/13/2021.]
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Filing 8
LETTER ORDER granting Defendant's request to file a response to #5 Cross Motion to Remand on 11/1/2021; Granted nun pro tunc. Signed by Judge Zahid N. Quraishi on 11/2/2021. (mg) [Transferred from New Jersey on 12/13/2021.]
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Filing 7
BRIEF in Opposition filed by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC. re #5 Cross MOTION to Remand and Opposition to Defendant's Motion to Stay (Attachments: #1 Certification of M. Zogby ISO Opp to Motion to Remand, #2 Exhibit 1-Cert of M. Zogby ISO Opp to Motion to Remand, #3 Exhibit 2 -Cert of M. Zogby ISO Opp to Motion to Remand, #4 Exhibit 3-Cert of M. Zogby ISO Opp to Motion to Remand, #5 Exhibit 4-Cert of M. Zogby ISO Opp to Motion to Remand, #6 Exhibit 5-Cert of M. Zogby ISO Opp to Motion to Remand, #7 Exhibit 6-Cert of M. Zogby ISO Opp to Motion to Remand, #8 Certificate of Service for Opp to Motion to Remand)(ZOGBY, MICHAEL) [Transferred from New Jersey on 12/13/2021.]
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Filing 6
Letter from M. Zogby. (ZOGBY, MICHAEL) [Transferred from New Jersey on 12/13/2021.]
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Filing 5
Cross MOTION to Remand and Opposition to Defendant's Motion to Stay by DAVID HITCHCOCK. (Attachments: #1 Brief in Support of Cross Motion, #2 Certification of Joshua S. Kincannon in Support, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Text of Proposed Order, #7 Certificate of Service)(KINCANNON, JOSHUA) [Transferred from New Jersey on 12/13/2021.]
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Filing 4
NOTICE of Appearance by JOSHUA S. KINCANNON on behalf of DAVID HITCHCOCK (KINCANNON, JOSHUA) [Transferred from New Jersey on 12/13/2021.]
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Set Deadlines as to #3 MOTION to Stay . Motion set for 10/18/2021 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jmh) [Transferred from New Jersey on 12/13/2021.]
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Set Deadlines as to #5 Cross MOTION to Remand and Opposition to Defendant's Motion to Stay. Motion set for 10/18/2021 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdb) [Transferred from New Jersey on 12/13/2021.]
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Filing 3
MOTION to Stay by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Brief ISO of Motion to Stay, #2 Certification of Michael C. Zogby ISO of Motion to Stay, #3 Text of Proposed Order Proposed Order for Motion to Stay, #4 Certificate of Service COS to Motion to Stay)(ZOGBY, MICHAEL) [Transferred from New Jersey on 12/13/2021.]
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Filing 2
Corporate Disclosure Statement by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC. identifying Johnson & Johnson as Corporate Parent.. (Attachments: #1 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 12/13/2021.]
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Filing 1
NOTICE OF REMOVAL by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC. from Superior Court of New Jersey, Middlesex County, case number MID L 004905 21. ( Filing and Admin fee $ 402 receipt number ANJDC-12811183), filed by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Exhibit Exhibits 1, 2 and 3 to Notice of Removal, #2 Certificate of Service to Notice of Removal, #3 Civil Cover Sheet)(ZOGBY, MICHAEL) [Transferred from New Jersey on 12/13/2021.]
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Judge Zahid N. Quraishi and Magistrate Judge Tonianne J. Bongiovanni added. (mg, ) [Transferred from New Jersey on 12/13/2021.]
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