Jakelis v. DePuy Orthopaedics, Inc., et al
Ronald A Jakelis |
Depuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson Services Inc, Johnson & Johnson, DePuy International Limited and Does 1 through 10 |
Special Master |
4:2022cv04527 |
December 30, 2022 |
US District Court for the Southern District of Texas |
Alfred H Bennett |
Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
28 U.S.C. § 1332 Diversity-Personal Injury |
Both |
Docket Report
This docket was last retrieved on January 25, 2023. A more recent docket listing may be available from PACER.
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Filing 44 ORDER granting #41 Motion to add Counsel Roy Rodney..(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) |
Filing 43 CERTIFICATE OF INTERESTED PARTIES by DePuy International Limited, DePuy Products Inc, Depuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc, filed.(Johnson, Jenna) |
Filing 42 NOTICE of Appearance by Tim Hudson and Jenna Johnson on behalf of DePuy International Limited, DePuy Products Inc, Depuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc, filed. (Hudson, Timothy) |
Filing 41 Ex Parte MOTION Enroll Additional Counsel by Ronald A Jakelis, filed. Motion Docket Date 1/30/2023. (Attachments: #1 Proposed Order)(Etter, John) |
Filing 40 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/14/2023 at 09:30 AM in Courtroom 9A before Judge Alfred H Bennett( Judge Alfred H Bennett) Parties notified.(BrendaLacy, 4) |
Filing 39 Case transferred in from Texas Northern. Case Number 3:13-cv-01699; certified copy of transfer order, certified docket sheet, and transfer letter received |
Filing 38 ORDER TRANSFERRING CASES PURSUANT TO 28 U.S.C. 1404 - Pursuant to Case Management Order #1 [Dkt. 20] and 28 U.S.C 1404, this Court transfers the identified cases to the appropriate United States District Court as identified above. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) |
Filing 37 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 24, 33] and conducting a telephonic hearing on December 28, 2022 [Dkt. 36], the special master recommends transferring this case for further proceedings because this case is in the process of completing discovery and ready to be set for trial; consequently, the case would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. Further, the special master recommends transferring the case to the Southern District of Texas pursuant to the recommendation in the parties' joint status report [Dkt. 32]. The following motions are currently pending in this case: Motion to Exclude [Dkt. 25]; and Motion in Limine [Dkt. 31]. Because ruling on these motions will directly impact the claims, defenses, and presentation and admissibility of evidence at trial, the special master recommends this Court defer ruling on these motions to permit consideration by the transferee court which will have responsibility for putting the case on trial. filed by Special Master (Stanton, James) |
Filing 36 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON WEDNESDAY, DECEMBER 28, 2022 filed by Special Master. (Stanton, James) |
Filing 35 NOTICE of the Special Master's rulings. By January 3, 2023, the parties are directed to file a joint status report with a list of any filing a party desires to be included in this individual case from the docket of In re: Depuy Orthopaedics 3:11-MD-2244-K pending in the United States District Court for the Northern District of Texas. The joint status report shall provide a single list of requested filings in chronological order identified by docket number and document title. filed by Special Master (Stanton, James) |
Filing 34 ELECTRONIC ORDER - Before the Court is Plaintiff's [Dkt 17] Motion to Strike Answer to Complaint, and Plaintiff's [Dkt 18] MOTION to Extend Time Amend and Extend Scheduling Order Deadlines. On December 2, 2022, the Special Master recommended denial of the motions and no objections have been filed and therefore, the Motion to Strike [Dkt. 17] and the Motion to Extend Time [Dkt. 18] are DENIED. (Ordered by Judge Ed Kinkeade on 12/28/2022) (chmb) |
Filing 33 Joint STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) |
Filing 32 Joint STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) |
Filing 31 MOTION in Limine (Omnibus) filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Beisner, John) |
Filing 30 NOTICE of hearing. On December 2, 2022, the parties were directed to file a joint status report by December 16, 2022. By 5:00 p.m. Central on December 27, 2022, the parties are directed to file an updated joint status report. The parties are directed to attend a telephonic status conference on December 28, 2022 at 9:30 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) |
Filing 29 NOTICE of amendment to correct technical error in the original docket entry. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, *paragraph* 17]. filed by Special Master (Stanton, James) |
Filing 28 NOTICE of the special mater's rulings. The original complaint [Dkt. 1] was direct-filed in the Northern District of Texas pursuant to this Court's Case Management Order #1 in MDL 2244 [Dkt. 20]. By December 22, 2022, the parties are directed to file a joint status report with the Court providing their recommendations on a court of appropriate jurisdiction for trial pursuant to 28 U.S.C. 1404. [Dkt. 20, 17]. filed by Special Master (Stanton, James) |
Filing 27 AMENDED ANSWER to #1 Complaint,,,, with Jury Demand filed by DePuy Orthopaedics Inc (Bruksch, Terri) |
Filing 26 AMENDED ANSWER to #1 Complaint,,,, with Jury Demand filed by DePuy International Limited, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc (Bruksch, Terri) |
Filing 25 MOTION TO EXCLUDE THE OPINIONS OF CERTAIN PLAINTIFFS EXPERTS filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney John H Beisner added to party DePuy Orthopaedics Inc(pty:dft), Attorney John H Beisner added to party DePuy Products Inc(pty:dft), Attorney John H Beisner added to party Johnson & Johnson(pty:dft), Attorney John H Beisner added to party Johnson & Johnson Services Inc(pty:dft) (Beisner, John) |
Filing 24 Joint STATUS REPORT filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. (Bruksch, Terri) |
Filing 23 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 22], and the Court's Scheduling Order of September 16, 2022 [Dkt. 14], the parties are directed to confer and file, by December 9, 2022, a joint status report regarding any matters that require the Court's attention to comply with the Court's Scheduling Order. The Motion to Strike [Dkt. 17] should be DENIED without prejudice to being re-urged if the Defendants do not amend their answers within 14 days to comply with the Federal Rules of Civil Procedure; further, and the Moton to Extend Time [Dkt. 18] should be DENIED. filed by Special Master (Stanton, James) |
Filing 22 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.) |
Filing 21 On November 3, 2022, the special master conducted a discovery conference with Austin Mehr, counsel for plaintiff in Coblin - 3:18-cv-00524-K and Hill - 3:14-cv-03694-K, and Matthew Morrison, counsel for plaintiff in Ellison - 3:12-cv-2498-K, as well as Terri Bruksch, counsel for defendants, regarding the deposition of Dr. Al Burstein. Counsel reached an agreement that Dr. Burstein could be available for deposition in Sarasota, Florida on December 13 and 14, 2022, regarding his opinions in the three cases.Ms. Bruksch informed the special master that Dr. Burstein is also designated as an expert in the following cases: Near - 3:11-cv-01452-K; Ortiz - 3:11-cv-01597-K; Campbell - 3:11-cv-01959-K; Wright - 3:11-cv-02534-K; Brown - 3:11-cv-02574-K; Getz - 3:11-cv-02890-K; Campbell - 3:11-cv-02957-K; Greenwood - 3:11-cv-03585-K; Singer - 3:12-cv-00384-K; Baldwin - 3:12-cv-00731-K; O'Connell - 3:12-cv-01480-K; Gulledge - 3:12-cv-03301-K; Nation - 3:12-cv-03369-K; Taffurelli - 3:12-cv-03371-K; Winkelmeyer - 3:13-cv-01172-K; Jakelis - 3:13-cv-01699-K; Holland - 3:13-cv-02935-K; Jozwiak - 3:14-cv-00365-K; Buonaiuto - 3:14-cv-02750-K; Canty - 3:15-cv-00440-K; Sterling - 3:17-cv-00819-K; Diodato - 3:17-cv-01251-K; Winegarden - 3:18-cv-00159-K; Norvell - 3:18-cv-00381-K; Young - 3:18-cv-00474-K; Fleischman - 3:20-cv-02881-K; Hall - 3:21-cv-01321-K. Counsel for plaintiffs in the additional cases are instructed to coordinate with Mr. Mehr and Mr. Morrison to conduct their questioning, if any, of Dr. Burstein on December 13 and 14, 2022. If agreement cannot be reached, an additional conference with the special master will be conducted. (Stanton, James M.) |
Filing 20 RESPONSE AND OBJECTION filed by DePuy Orthopaedics Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: #17 MOTION to Strike #16 Answer to Complaint,, #15 Answer to Complaint,, Motion for Entry of Judgment by Default Against All Defendants Affirming All Case-Specific Allegations and Motion to Strike Affirmative Defenses (Attachments: #1 Exhibit(s) Appendix of Exhibits) (Beisner, John) |
Filing 19 Designation of Experts by Ronald A Jakelis. (Etter, John) |
Filing 18 MOTION to Extend Time Amend and Extend Scheduling Order Deadlines filed by Ronald A Jakelis with Brief/Memorandum in Support. (Etter, John) |
Filing 17 MOTION to Strike #16 Answer to Complaint,, #15 Answer to Complaint,, Motion for Entry of Judgment by Default Against All Defendants Affirming All Case-Specific Allegations and Motion to Strike Affirmative Defenses filed by Ronald A Jakelis with Brief/Memorandum in Support. (Etter, John) |
Filing 16 ANSWER to #1 Complaint,,,, with Jury Demand filed by DePuy International Limited, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc. 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. (Bruksch, Terri) |
Filing 15 ANSWER to #1 Complaint,,,, with Jury Demand filed by DePuy Orthopaedics Inc. 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. (Bruksch, Terri) |
Filing 14 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by September 30, 2022; Each Defendantshall amend pleadings by October 14, 2022. 2. Each Plaintiff shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by October 28, 2022; the deposition of each Plaintiff expert shall be conducted between November 7, 2022, and November 18, 2022. 3. Each Defendant shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by November 4, 2002; the deposition of each Defendant expert shall be conducted between November 21, 2022 and December 2, 2022. 4. All discovery shall be completed by December 9, 2022. 5. All dispositive motions or Daubert motions shall be filed by December 16, 2022; and any response to the motions shall be filed by December 30, 2022. 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 December 21, 2022. (Ordered by Judge Ed Kinkeade on 9/16/2022) (chmb) |
Filing 13 ELECTRONIC ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause within thirty (30) days why their case should not be dismissed without prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. Failure to comply with this Order will result in DISMISSAL of this case WITHOUT prejudice. (Ordered by Judge Ed Kinkeade on 7/11/2022) (chmb) |
Filing 12 REPLY filed by DePuy International Limited, DePuy Orthopaedics Inc, DePuy Products Inc, Johnson & Johnson, Johnson & Johnson Services Inc re: 10 Order,, (Attachments: #1 Exhibit(s) A - Correspondence, #2 Proposed Order) (Bruksch, Terri) |
Filing 11 RESPONSE filed by Ronald A Jakelis re: 10 Order,, (Etter, John) |
Filing 10 ELECTRONIC ORDER: Plaintiff is instructed to show cause within thirty (30) days why the claim should not be dismissed with prejudice for failure to prosecute pursuant to Case Management Order No. 12 ("CMO 12") [Dkt. 1054], because Defendant's Lead Counsel notified the Special Master that, after having been provided the requisite notice and 30 days to cure, Plaintiff has failed to fully comply with the requirements of CMO 12. (Ordered by Judge Ed Kinkeade on 5/2/2022) (chmb) |
Filing 9 Notice of filing Case Management OrdersThe following orders have been filed in 3:11-md-2244 and are available by using the links provided below.#CASE MANAGEMENT ORDER NO. #10 # PINNACLE PLAINTIFF PROFILE FORM# CASE MANAGEMENT ORDER NO. #11 # DEFENDANTS' FACT SHEET. (lrl) |
Filing 8 WAIVER OF SERVICE Returned Executed as to DePuy International Limited. Waiver sent on 5/6/13 (Etter, John) Modified text on 6/3/2013 (plh). |
Filing 7 WAIVER OF SERVICE Returned Executed as to DePuy Orthopaedics Inc. Waiver sent on 5/6/2013. (Etter, John) |
Filing 6 WAIVER OF SERVICE Returned Executed as to DePuy Products Inc. Waiver sent on 5/6/2013. (Etter, John) |
Filing 5 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson. Waiver sent on 5/6/2013. (Etter, John) |
Filing 4 WAIVER OF SERVICE Returned Executed as to Johnson & Johnson Services Inc. Waiver sent on 5/6/2013. (Etter, John) |
Filing 3 WAIVER OF SERVICE Returned Executed as to DePuy International Limited. Waiver sent on 5/6/2013. (Etter, John) |
Filing 2 NOTICE of Related Case - MDL 2244 re: #1 Complaint,,,, filed by Ronald A Jakelis (Etter, John) |
Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by RONALD A JAKELIS. (Filing fee $400; Receipt number 0539-5282072) Summons(es) not requested at this time. Filer indicates this case is related to MDL Case No. 2244, In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending before Judge Ed Kinkeade. 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 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 (Attachments: #1 Cover Sheet, #2 Certificate of Interested Person) (Etter, John) |
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