Hunter v. Medical Device Business Services Inc et al.
| Kelly Hunter |
| Medical Device Business Services Inc, DePuy Inc, DePuy Orthopaedics Inc, Mark Debiase Inc doing business as Joint Venture, Mark Debiase, DePuy Synthes Sales Inc, Johnson & Johnson Services Inc and Johnson & Johnson |
| Special Master |
| 3:2022cv00443 |
| February 24, 2022 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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Filing 24
MEMORANDUM OPINION AND ORDER - The Court grants Plaintiff's Motion to Remand. This case is hereby remanded to the Circuit Court of the Fourth Judicial Circuit for Duval County, Florida, Civil Division (Case No. 2021-CA-001326-MA). The Court denies Plaintiff's request for attorneys' fees. (Ordered by Judge Ed Kinkeade on 11/18/2022) (chmb)
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| Filing 23 MOTION for Leave to File Supplemental Authorityin Support of Plaintiff's Motion for Remand filed by Kelly Hunter (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Proposed Order) (Stephan, Michele) |
| Filing 22 Case electronically transferred in from District of Florida Middle; Case Number 3:21-cv-00964. 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 21 MULTIDISTRICT LITIGATION panel order transferring case to: USDC Northern Texas MDL case number: MDL-2244, case transferred electronically. (LRB) [Transferred from Florida Middle on 2/24/2022.] |
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Filing 20
ORDER granting #3 Defendants' Motion to Stay Pending MDL Transfer. This case is stayed. The Clerk of the Court is directed to administratively close the case. Signed by Judge Marcia Morales Howard on 12/14/2021. (JW) [Transferred from Florida Middle on 2/24/2022.]
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| Filing 19 NOTICE of supplemental authority re #3 MOTION to Stay PENDING MDL TRANSFER AND MEMORANDUM OF LAW IN SUPPORT by DePuy Synthes Sales, Incorporated, Johnson & Johnson, Johnson & Johnson Services, Incorporated, Medical Device Business Services, Incorporated. (Attachments: #1 Exhibit 1)(Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
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Filing 18
ENDORSED ORDER denying #12 Motion for Leave to File Document. Given the procedural history of the case, the Court does not view a reply brief to be warranted at this time. Signed by Judge Marcia Morales Howard on 11/17/2021. (JCM) [Transferred from Florida Middle on 2/24/2022.]
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Filing 17
ORDER granting #16 the motion for an extension of time. The parties must file a case management report within twenty-one days of a denial of #7 the motion to remand and #3 motion to stay or another date set by the Court. Signed by Magistrate Judge Patricia D. Barksdale on 10/28/2021. (BHC) [Transferred from Florida Middle on 2/24/2022.]
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| Filing 16 Joint MOTION for Extension of Time to File Case Management Report by Kelly Hunter. (Cowgill, Michael) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from Florida Middle on 2/24/2022.] |
| Filing 15 RESPONSE re #8 Request for oral argument filed by Medical Device Business Services, Incorporated. (Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 14 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Medical Device Business Services, Incorporated. (Attachments: #1 Exhibit 1)(Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 13 RESPONSE in Opposition re #12 MOTION for Leave to File Other Document :Reply in Support of their Motion to Stay Pending MDL Transfer filed by Kelly Hunter. (Attachments: #1 Exhibit)(Cowgill, Michael) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 12 MOTION for Leave to File Other Document :Reply in Support of their Motion to Stay Pending MDL Transfer by DePuy Synthes Sales, Incorporated, Johnson & Johnson, Johnson & Johnson Services, Incorporated, Medical Device Business Services, Incorporated. (Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 11 ANSWER and affirmative defenses with Jury Demand to #5 Amended Complaint by DePuy Synthes Sales, Incorporated, Johnson & Johnson, Johnson & Johnson Services, Incorporated, Medical Device Business Services, Incorporated.(Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 10 ANSWER and affirmative defenses with Jury Demand to #5 Amended Complaint by Mark Debiase, Mark Debiase, Incorporated.(Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 9 MEMORANDUM in opposition re #3 Motion to Stay filed by Kelly Hunter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cowgill, Michael) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 8 REQUEST for oral argument re #7 MOTION to Remand to State Court by Kelly Hunter. (Cowgill, Michael) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 7 MOTION to Remand to State Court by Kelly Hunter. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Cowgill, Michael) [Transferred from Florida Middle on 2/24/2022.] Modified on 2/24/2022 (chmb). |
| Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 5 AMENDED COMPLAINT against DePuy Synthes Sales, Incorporated, Mark Debiase, Johnson & Johnson, Johnson & Johnson Services, Incorporated, Mark Debiase, Incorporated, Medical Device Business Services, Incorporated with Jury Demand. filed by Kelly Hunter. (Attachments: #1 Exhibit 1) (Originally filed in Duval County Circuit Court on 8/26/2021)(BGR) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 4 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:21-cv-964-MMH-PDB. (LMW) [Transferred from Florida Middle on 2/24/2022.] |
| Filing 3 MOTION to Stay Pending MDL Transfer and Memorandum of Law in Support by Medical Device Business Services, Incorporated, DePuy Synthes Sales Incorporated, Johnson & Johnson, and Johnson & Johnson Services Incorporated (Walz, David) (Modified on 9/28/2021, to edit text) (BGR). [Transferred from Florida Middle on 2/24/2022.] |
| Filing 2 CORPORATE Disclosure Statement by Medical Device Business Services, Incorporated, DePuy Synthes Sales Incorporated, Johnson & Johnson, and Johnson & Johnson Services Incorporated (Walz, David) (Modified on 9/28/2021, to edit text) (BGR). [Transferred from Florida Middle on 2/24/2022.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Duval County, case number 2021-CA-001326-MA filed in State Court on 3/5/2021. Filing fee $ 402, receipt number AFLMDC-18752843 filed by Medical Device Business Services, Inc. et al.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit, #6 Exhibit)(Walz, David) [Transferred from Florida Middle on 2/24/2022.] |
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