Chaney v. Tornier, Inc. et al
| Michael Chaney |
| Wright Medical Group, Inc. and Tornier, Inc. |
| 5:2019cv00130 |
| July 8, 2019 |
| U.S. District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tornier, Inc. identifying Corporate Parent/Other Affiliate Wright Medical Group, N.V. for Tornier, Inc.. (Weideman, Corey) (Main Document 20 replaced to be flattened on 9/4/2019) (zzm). |
| Filing 19 ANSWER to #16 Second Amended Complaint with Jury Demand filed by Tornier, Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Weideman, Corey) Modified text on 9/4/2019 (zzm). |
Filing 18
ORDER granting #17 Motion to Withdraw and Substitution. Accordingly, Monica C. Vaughan is hereby WITHDRAWN as counsel of record for Plaintiff. The Clerk of the Court is directed to remove Ms. Vaughan from the list of individuals authorized to received electronic notices in the above styled and numbered civil action. Charles R. Houssiere, III is hereby SUBSTITUTED in as counsel of record for Plaintiff. (Ordered by Senior Judge Sam R Cummings on 8/22/2019) (bmh)
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| Filing 17 MOTION to Withdraw as Attorney Monica Celeste Vaughan, MOTION to Substitute Attorney, Charles R. Houssiere, III added attorney Monica Celeste Vaughan,Charles R Houssiere for Michael Chaney. Motion() filed by Michael Chaney (Vaughan, Monica) |
| Filing 16 PLAINTIFF'S SECOND AMENDED COMPLAINT against Tornier, Inc. filed by Michael Chaney. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (zzm) |
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Filing 15
ORDER: Having reviewed the Parties' Joint Stipulation for Filing of Second Amended Complaint, the Court hereby directs the Clerk of Court to file Exhibit A (attached to Document 14) as Plaintiff's Second Amended Complaint. (Ordered by Senior Judge Sam R Cummings on 8/20/2019) (zzm)
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| Filing 14 Joint STIPULATION For Filing of Second Amended Complaint by Michael Chaney. (Attachments: #1 Exhibit(s) Plaintiff's Second Amended Complaint) (Vaughan, Monica) |
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Filing 13
ORDER: The Court hereby ORDERS that #5 Defendant Tornier, Inc.'s Motion to Dismiss be DENIED AS MOOT following the filing of Plaintiff's First Amended Complaint as said Motion now addresses a non-live pleading. (Ordered by Senior Judge Sam R Cummings on 8/6/2019) (zzm)
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| Filing 12 Brief/Memorandum in Support filed by Michael Chaney re #11 Response/Objection to Defendant's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) (Vaughan, Monica) |
| Filing 11 RESPONSE filed by Michael Chaney re: #5 Motion to Dismiss for Failure to State a Claim (Vaughan, Monica) |
| Filing 10 AMENDED COMPLAINT WITH JURY DEMAND First Amended Complaint against Tornier, Inc. filed by Michael Chaney. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Vaughan, Monica) |
| Filing 9 DEMAND for Trial by Jury by Tornier, Inc.. (Weideman, Corey) |
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Filing 8
SCHEDULING ORDER: Amended Pleadings due by 11/22/2019. Discovery due by 12/14/2020. Joinder of Parties due by 11/22/2019. Motions due by 7/15/2020. Motions for summary judgment must be filed by 3:00 p.m. on July 15, 2020. Motions in limine must be filed and discovery must be completed by 3:00 p m. on December 14,2020. Jury Trial set for 1/4/2021 at 09:00 AM in US Courthouse, Courtroom C-216, 1205 Texas Avenue, Lubbock, TX 79401-4091 before Senior Judge Sam R Cummings. (Ordered by Senior Judge Sam R Cummings on 7/22/2019) (zzm)
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Filing 7
ORDER: IT IS ORDERED that all claims asserted in the above-styled and -numbered civil action against Wright Medical Group, Inc. are hereby DISMISSED WITH PREJUDICE with costs taxed against the party incurring the same. This is a partial dismissal and does not affect Plaintiff's claims against the remaining Defendant. (Ordered by Senior Judge Sam R Cummings on 7/16/2019) (zzm)
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| Filing 6 Brief/Memorandum in Support filed by Tornier, Inc. re #5 Motion to Dismiss for Failure to State a Claim (Weideman, Corey) |
| Filing 5 Motion to Dismiss for Failure to State a Claim filed by Tornier, Inc. (Attachments: #1 Proposed Order) (Weideman, Corey) |
| Filing 4 STIPULATION OF DISMISSAL by Wright Medical Group, Inc.. (Attachments: #1 Proposed Order) (Weideman, Corey) |
| Filing 3 NEW CASE NOTES: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (zzm) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tornier, Inc., Wright Medical Group, Inc. identifying Corporate Parent/Other Affiliate Wright Medical Group, N.V. for Tornier, Inc., Wright Medical Group, Inc.. (Weideman, Corey) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND from 99th Judicial District Court, case number 2019535775 filed by Tornier, Inc., Wright Medical Group, Inc.. (Filing fee $400; receipt number 0539-10100835) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Declaration(s) Declaration of Thomas McAllister, #9 Cover Sheet, #10 Cover Sheet Supplement) (Weideman, Corey) |
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