Altholz v. Johnson & Johnson et al
| Tobi Altholz |
| Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc and DePuy Synthes Sales Inc |
| Special Master |
| 3:2022cv00856 |
| April 15, 2022 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| 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 20
MEMORANDUM OPINION AND ORDER - The Court, in its discretion, GRANTS in part the Amended Motion and hereby reconsiders its order. Because 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-006897-21). 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 19
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 18
REPLY filed by Tobi Altholz re: #15 MOTION to Amend/Correct #12 MOTION to Vacate #11 Scheduling Order,,,, #10 Order,,, Terminate Motions,, (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 17
NOTICE of On November 18, 2022, this Court entered its Order [Dkt. 10] 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. 12], and on November 29, 2022, the Plaintiff filed the Emergency Motion for Case Management Conference [Dkt. 13]. After the Plaintiff filed the Amended Motion for Reconsideration [Dkt. 15], the Defendants filed their response [Dkt. 16]. 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 16
RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #13 MOTION Case Management Conference, #12 MOTION to Vacate #11 Scheduling Order,,,, #10 Order,,, Terminate Motions,, , #15 MOTION to Amend/Correct #12 MOTION to Vacate #11 Scheduling Order,,,, #10 Order,,, Terminate Motions,, (Beisner, John)
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Filing 15
MOTION to Amend/Correct #12 MOTION to Vacate #11 Scheduling Order,,,, #10 Order,,, Terminate Motions,, filed by Tobi Altholz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 14
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 13
MOTION Case Management Conference filed by Tobi Altholz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 12
MOTION to Vacate #11 Scheduling Order,,,, #10 Order,,, Terminate Motions,, filed by Tobi Altholz with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s))Attorney Michele S Stephan added to party Tobi Altholz(pty:pla) (Stephan, Michele)
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Filing 11
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 10
ORDER: - Before the Court is Plaintiff's Combined Cross Motion for Remand and Opposition to Defendant's Motion to Stay filed on January 13, 2022 (Doc. No. 5). Defendants filed a Combined Opposition to Plaintiff's Cross Motion for Remand and Reply in Support of Motion to Stay on February 15, 2022 (Doc. No. 7). Plaintiff did not file a reply. The Court has carefully considered the parties' briefing, the applicable law, and the relevant portions of the record. The Court DENIES the Motion to Remand. (Ordered by Judge Ed Kinkeade on 11/18/2022) (chmb)
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Filing 9
Case electronically transferred in from District of New Jersey; Case Number 3:21-cv-20768. 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 8
Transfer Order of MDL Panel transferring case to the USDC for the TXND. (dm ) [Transferred from New Jersey on 4/15/2022.]
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Filing 7
BRIEF in Opposition filed by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC. re #5 Cross MOTION to Remand to State Court and Opposition to Stay, #3 MOTION to Stay (Attachments: #1 Certification of M. Zogby ISO Combined Opp, #2 Exhibit 1 - Thick Opinion, #3 Exhibit 2 - Chio Decl (Dooley case), #4 Exhibit 3 - Davis Order, #5 Exhibit 4 - CTO-364, #6 Exhibit 5 - Regonini Minute Entry, #7 Exhibit 6 - Wolczanski Order, #8 Exhibit 7 - Hunter Order, #9 Exhibit 8 - Schaible Aff, #10 Exhibit 9 - Aoki Dkt 198, #11 Exhibit 10 - Appl for Centralized Mgmnt, #12 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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CLERK'S QUALITY CONTROL MESSAGE - The Letter request pursuant to L. Civ. R. 7.1 #6 filed by Michael Zogby on 1/18/2022 was submitted incorrectly as a Letter. For future reference please filed under Civil Events - Other Filings - Other Documents - Letter Rule 7.1. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jem) [Transferred from New Jersey on 4/15/2022.]
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SReset Deadlines as to #5 Cross MOTION to Remand to State Court and Opposition to Stay. Motion set for 2/22/2022 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. (jem) [Transferred from New Jersey on 4/15/2022.]
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Filing 6
Letter from M. Zogby re #3 MOTION to Stay , #5 Cross MOTION to Remand to State Court and Opposition to Stay. (ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Filing 5
Cross MOTION to Remand to State Court and Opposition to Stay by TOBI ALTHOLZ. (Attachments: #1 Declaration of Joshua S. Kincannon, Esq., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order, #7 Certificate of Service)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Set Deadlines as to #5 Cross MOTION to Remand to State Court and Opposition to Stay. Motion set for 2/7/2022 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. (jem) [Transferred from New Jersey on 4/15/2022.]
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Filing 4
ANSWER to Complaint with JURY DEMAND by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Filing 3
MOTION to Stay by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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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 4/15/2022.]
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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-6897-21. ( Filing and Admin fee $ 402 receipt number ANJDC-13075725), filed by DEPUY SYNTHES SALES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Exhibit 1 to NOR - Complaint, #2 Exhibit 2 to NOR - Chia Declaration (Dooley case), #3 Exhibit 3 to NOR - Order (Davis case), #4 Exhibit 4 to NOR - (all pleadings served on defs), #5 Civil Cover Sheet, #6 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) [Transferred from New Jersey on 4/15/2022.]
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Set Deadlines as to #3 MOTION to Stay . Motion set for 2/7/2022 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. (jem) [Transferred from New Jersey on 4/15/2022.]
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Judge Zahid N. Quraishi and Magistrate Judge Lois H. Goodman added. (jal, ) [Transferred from New Jersey on 4/15/2022.]
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