Spaeth v. TJM Medical Inc et al
| John Spaeth |
| Medical Device Business Services Inc, TJM Medical Inc, Tom McTighe, Thomas J. McTighe, DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, Johnson & Johnson Services Inc and Johnson & Johnson |
| Special Master |
| 3:2022cv00303 |
| February 8, 2022 |
| 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. § 1446 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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Filing 24
MEMORANDUM OPINION AND ORDER - The Court GRANTS the Motion to Remand. This case is hereby remanded to the Cuyahoga County, Ohio, Court of Common Pleas. (Ordered by Judge Ed Kinkeade on 11/18/2022) (chmb)
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| Filing 23 Case electronically transferred in from District of Ohio Northern; Case Number 1:21-cv-02160. 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 22 Transfer Order by the Judicial Panel on Multidistrict Litigation. 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 E. Kinkeade. (P,R) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 21 Memorandum Opinion and Order: For the reasons stated in this Order, the Removing Defendants' Motion to Stay (Doc. No. #8 ) is GRANTED. Spaeth's Motion for Expedited Oral Argument (Doc. No. #14 ) is DENIED WITHOUT PREJUDICE. The Court STAYS this case pending further action from the JPML regarding potential transfer of this case to MDL No. 2244. Judge Pamela A. Barker on 12/16/2021. (P,K) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 20 Reply to response to #14 Motion for Expedited Oral Argument or in the Alternative Expedited Ruling on the Papers Prior to January 30, 2022 filed by John Spaeth. (Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 19 Reply In Support of Motion to Remand filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Amended Complaint)(Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
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Order [non-document]granting Plaintiff's Motion for appearance pro hac vice by attorney Michele S. Stephan for John Spaeth. 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. (Related Doc #18 ). Judge Pamela A. Barker on 12/8/2021.(P,K) [Transferred from Ohio Northern on 2/8/2022.]
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| Filing 18 Motion for attorney Michele Stephan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11168540, filed by Plaintiff John Spaeth. (Attachments: #1 Affidavit of Michele Stephan)(Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 17 Response to #14 Motion for oral argument -Expedited Oral Argument filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 16 Brief in Opposition filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. Related document(s) #12 . (Attachments: #1 Exhibit 1-Thomas J McTighe Declaration 11-11-21, #2 Exhibit 2-Hall v. OrthoMidwest, Inc. Amended Complaint, #3 Exhibit 3-CTO-361 [JPML ECF 2496], #4 Exhibit 4-Uhle Order, #5 Exhibit 5-Regonini Minute Entry, #6 Exhibit 6-CMO 12, ECF No. 1054 [Pinnacle MDL]) (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 15 Reply in support of #8 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 Ex. 1 - Conditional Transfer Order No. 361, #2 Exhibit Ex. 2 - Uhle Order, #3 Exhibit Ex. 3 - Regonini Minute Entry)(Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 14 Motion for Expedited Oral Argument filed by Plaintiff John Spaeth. Related document(s) #12 . (Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 13 Opposition to #8 Motion to stay all proceedings pending transfer to MDL No. 2244 filed by All Plaintiffs. (Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 12 Motion to remand to State Court filed by Plaintiff John Spaeth. (Attachments: #1 Exhibit 1 - Declaration of Christopher Casscells MD, #2 Exhibit 2 - DePuy Certification of Learning Curriculum, #3 Exhibit 3 - Transcript of Oral Argument in Hall v Orthomidwest)(Abraham, Daniel) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 11 Answer to Complaint with Jury Demand filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
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Filing 10
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Signed by Judge Solomon Oliver, Jr. on 11/16/2021. (R,Sh) [Transferred from Ohio Northern on 2/8/2022.]
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| Judge Pamela A. Barker assigned to case. Judge Solomon Oliver, Jr terminated. (L,Ja) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 9 Magistrate Consent Form issued. (L,MI) [Transferred from Ohio Northern on 2/8/2022.] |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI) [Transferred from Ohio Northern on 2/8/2022.] |
| Judge Solomon Oliver, Jr assigned to case. (L,MI) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 8 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 Brief in Support). (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 7 Corporate Disclosure Statement filed by TJM Medical, Inc.. (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 6 Corporate Disclosure Statement filed by Johnson & Johnson. (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 5 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 2/8/2022.] |
| 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 2/8/2022.] |
| Filing 3 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 2/8/2022.] |
| Filing 2 Supplement to Notice of Removal - Notice of Removal Exhibit 1 - State Court Complaint, filed by Depuy Synthes Sales, Inc., Johnson & Johnson, Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. Related document(s) #1 . (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
| Filing 1 Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV 21 944785 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11131849. Filed by Johnson & Johnson, Depuy Synthes Sales, Inc., Johnson & Johnson Services, Inc., Medical Device Business Services, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 2 - Amended Complaint, #3 Exhibit 3 - Signed Declaration of Tom McTighe, #4 Exhibit 4 - State Court Pleadings). (Anderton, A.) [Transferred from Ohio Northern on 2/8/2022.] |
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