Monical v. Johnson & Johnson et al
| Guy Monical |
| Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc and DePuy Synthes Sales Inc |
| Special Master |
| 3:2022cv00859 |
| 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 |
| Plaintiff |
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 31
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. 11). Accordingly, the Court REMANDS this case to the Superior Court of New Jersey, Middlesex County (Case No. MID-L-006740-21). 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 30
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 29
REPLY filed by Guy Monical re: #26 MOTION to Amend/Correct #23 MOTION to Vacate #22 Scheduling Order,,,, #21 Order on Motion to Remand,, (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 28
NOTICE of On November 18, 2022, this Court entered its Order [Dkt. 21] denying Plaintiff's Motion for Remand [Dkt. 11]. On November 21, 2022, the Plaintiff filed the Motion for Reconsideration and to Vacate the Court's Scheduling Order [Dkt. 23], and on November 29, 2022, the Plaintiff filed the Emergency Motion for Case Management Conference [Dkt. 24]. After the Plaintiff filed the Amended Motion for Reconsideration [Dkt. 26], the Defendants filed their response [Dkt. 27]. 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 27
RESPONSE AND OBJECTION filed by DePuy Synthes Sales Inc, Johnson & Johnson, Johnson & Johnson Services Inc, Medical Device Business Services Inc re: #26 MOTION to Amend/Correct #23 MOTION to Vacate #22 Scheduling Order,,,, #21 Order on Motion to Remand,, , #24 MOTION Case Management Order, #23 MOTION to Vacate #22 Scheduling Order,,,, #21 Order on Motion to Remand,, (Beisner, John)
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Filing 26
MOTION to Amend/Correct #23 MOTION to Vacate #22 Scheduling Order,,,, #21 Order on Motion to Remand,, filed by Guy Monical with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 25
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 24
MOTION Case Management Order filed by Guy Monical with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)) (Stephan, Michele)
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Filing 23
MOTION to Vacate #22 Scheduling Order,,,, #21 Order on Motion to Remand,, filed by Guy Monical with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s))Attorney Michele S Stephan added to party Guy Monical(pty:pla) (Stephan, Michele)
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Filing 22
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 21
ORDER - Before the Court is Plaintiff's Motion to Remand filed on December 10, 2021 (Doc. No. 11). Defendants filed a response in Opposition to Plaintiff's Motion for Remand on December 20, 2021 (Doc. No. 12) and Plaintiff filed a Reply to Defendants' Opposition on December 27, 2021 (Doc. No. 13). The Court has carefully considered the parties' briefs, the applicable law, and the relevant portions of the record. The Court DENIED Motion to Remand. (Ordered by Judge Ed Kinkeade on 11/18/2022) (chmb)
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Filing 20
Case electronically transferred in from District of New Jersey; Case Number 3:21-cv-20202. 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 19
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 18
TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Georgette Castner for all further proceedings. Chief Judge Freda L. Wolfson no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 4/11/2022. (abr, ) [Transferred from New Jersey on 4/15/2022.]
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Filing 17
NOTICE by GUY MONICAL Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 16
RESPONSE re #15 Notice (Other), #14 Notice (Other). (Attachments: #1 Exhibit 1 to Response - ECF Order, #2 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Filing 15
NOTICE by GUY MONICAL re #14 Notice (Other) of Supplemental Authority in Support of Motion for Remand (doc 14 corrupted) (KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 14
NOTICE by GUY MONICAL of Supplemental Authority in Support of Motion for Remand (Attachments: #1 Exhibit 1)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 13
REPLY BRIEF to Opposition to Motion filed by GUY MONICAL re #11 MOTION to Remand (KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 12
BRIEF in Opposition filed by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC. re #11 MOTION to Remand (Attachments: #1 Certification of M. Zogby ISO Opp to Remand Motion, #2 Exhibit to Cert of M. Zogby ISO of Opp to Remand Motion, #3 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Set Deadlines as to #11 MOTION to Remand . Motion set for 1/3/2022 before Chief Judge Freda L. Wolfson. 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. (abr, ) [Transferred from New Jersey on 4/15/2022.]
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Filing 11
MOTION to Remand by All Plaintiffs. (Attachments: #1 Brief Brief in Support of Plaintiff's Motion to Remand, #2 Certification Attorney Joshua S. Kincannon's Certification in Support of Plaintiff's Motion to Remand, #3 Exhibit A to Certification, #4 Exhibit B to Certification, #5 Exhibit C to Certification, #6 Exhibit D to Certification, #7 Exhibit E to Certification, #8 Exhibit F to Certification, #9 Exhibit G to Certification, #10 Exhibit H to Certification, #11 Text of Proposed Order, #12 Certificate of Service)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 10
TEXT ORDER granting #6 Motion for Reconsideration re #6 MOTION for Reconsideration of Order Granting Stay filed by GUY MONICAL, #8 Amended MOTION for Reconsideration re #6 MOTION for Reconsideration of Order Granting Stay filed by GUY MONICAL ; granting #8 Motion for Reconsideration re #6 MOTION for Reconsideration of Order Granting Stay filed by GUY MONICAL, #8 Amended MOTION for Reconsideration re #6 MOTION for Reconsideration of Order Granting Stay filed by GUY MONICAL. The Court is hereby modifying its previous Stay Order to permit Plaintiff to file a motion to remand. All other proceedings are stayed. ORDERED by Chief Judge Freda L. Wolfson on 12/9/2021. (Fang, W) [Transferred from New Jersey on 4/15/2022.]
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Filing 9
Exhibit to #8 Motion for Reconsideration (Exhibits 1 - 3) by GUY MONICAL. (Attachments: #1 Exhibit 2 to Amended Notice of Motion for Reconsideration, #2 Exhibit 3 to Amended Notice of Motion for Reconsideration)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 8
Amended MOTION for Reconsideration re #6 MOTION for Reconsideration of Order Granting Stay by GUY MONICAL. (KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Filing 7
AMENDED DOCUMENT by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. Amendment to #1 Notice of Removal,, . (Attachments: #1 Exhibit 1 to NOR - Complaint, #2 Exhibit 2-Notice of Related Action, #3 Exhibit 3-Chia Declaration (Dooley case), #4 Exhibit 4-Order Davis January 6 2012, #5 Exhibit 5 - copy of Middlesex Cty docs on file, #6 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Filing 6
MOTION for Reconsideration of Order Granting Stay by GUY MONICAL. (Attachments: #1 Brief in Support of Motion for Reconsideration, #2 Affidavit Exhibit 1, #3 Affidavit Exhibit 2, #4 Affidavit Exhibit 3, #5 Affidavit Exhibit 4, #6 Affidavit in Support with Exhibit, #7 Text of Proposed Order)(KINCANNON, JOSHUA) [Transferred from New Jersey on 4/15/2022.]
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Set Deadlines as to #6 MOTION for Reconsideration of Order Granting Stay. Motion set for 1/3/2022 before Chief Judge Freda L. Wolfson. 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. (abr, ) [Transferred from New Jersey on 4/15/2022.]
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Filing 5
ORDER granting #4 Motion to Stay pending transfer of the above captioned case to MDL 2244. Signed by Chief Judge Freda L. Wolfson on 12/1/2021. (abr, ) Modified on 12/21/2021 (eaj, ). [Transferred from New Jersey on 4/15/2022.]
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Filing 4
MOTION to Stay by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (Attachments: #1 Brief Memorandum of Law ISO Motion to Stay, #2 Certification of M. Zogby ISO Motion to Stay, #3 Text of Proposed Order, #4 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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Filing 3
Exhibit to QC - Civil Cover Sheet JS44,, #1 Notice of Removal,, by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, INC., MEDICAL DEVICE BUSINESS SERVICES, INC.. (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: Attorney Information - Attorney for Plaintiff was not entered. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ams, ) [Transferred from New Jersey on 4/15/2022.]
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Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (mg) [Transferred from New Jersey on 4/15/2022.]
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ams, ) [Transferred from New Jersey on 4/15/2022.]
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Filing 2
Corporate Disclosure Statement by DEPUY SYNTHES SALES, INC., JOHNSON & JOHNSON, JOHNSON & JOHNSON SERVICES, 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 MEDICAL DEVICE BUSINESS SERVICES, INC., JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON, DEPUY SYNTHES SALES, INC. from Superior Court of New Jersey, Middlesex County, case number MID-L-006740-21. ( Filing and Admin fee $ 402 receipt number ANJDC-13003811), filed by MEDICAL DEVICE BUSINESS SERVICES, INC., JOHNSON & JOHNSON SERVICES, INC., JOHNSON & JOHNSON, DEPUY SYNTHES SALES, INC.. (Attachments: #1 Exhibit 1 to NOR - Complaint, #2 Certificate of Service)(ZOGBY, MICHAEL) [Transferred from New Jersey on 4/15/2022.]
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