Baham v. Xtant Medical Holdings, Inc.
Plaintiff: Ronnie Jules Baham
Defendant: Xtant Medical Holdings, Inc.
Case Number: 2:2022cv00522
Filed: August 17, 2022
Court: US District Court for the District of Utah
Office: Central Office
Presiding Judge: David Barlow
Referring Judge: Daphne A Oberg
2 Judge: Cecilia M Romero
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2022 Opinion or Order Filing 48 SCHEDULING ORDER: Amended Pleadings due by 1/6/2023. Joinder of Parties due by 1/6/2023. Expert Discovery due by 9/29/2023. Motions due by 10/31/2023. Scheduling Conference set for 11/9/2023 at 03:00 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Cecilia M. Romero on 09/20/2022. (jl)
September 20, 2022 Opinion or Order Filing 47 ORDER granting #45 Motion for Admission Pro Hac Vice of Attorney Randall L. Christian for Xtant Medical Holdings, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 09/20/2022. (jl)
September 20, 2022 Opinion or Order Filing 46 ORDER granting #44 Motion for Admission Pro Hac Vice of Attorney Jonathan Lane Smith for Xtant Medical Holdings, Inc..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 09/20/2022. (jl)
September 20, 2022 Filing 45 MOTION for Admission Pro Hac Vice of Randall Ladon Christian , Registration fee $ 250, receipt number AUTDC-4446046,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Xtant Medical Holdings, Inc.. (Miller, Michael)
September 20, 2022 Filing 44 MOTION for Admission Pro Hac Vice of Jonathan Lane Smith , Registration fee $ 250, receipt number AUTDC-4446022,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Xtant Medical Holdings, Inc.. (Miller, Michael)
September 19, 2022 Opinion or Order Filing 43 DOCKET TEXT ORDER TO SUBMIT PROPOSED SCHEDULING ORDER. The court is in receipt of the #39 Attorney Planning Meeting Report. As previously directed in paragraph 2(a) of the #35 Order to Propose Schedule, the parties are ordered to submit a proposed scheduling order in Microsoft Word format directly to chambers email at utdecf_romero@utd.uscourts.gov within three days from the date of this order. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 9/19/22. (jfm)
September 16, 2022 Opinion or Order Filing 42 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 9/16/22. (skw)
September 16, 2022 Filing 41 Case Reassigned to District Judge Attorney Planning Meeting Report #39 . Case randomly assigned to Judge David Barlow. Magistrate Judge Daphne A. Oberg no longer assigned to the case. (alf)
September 15, 2022 Opinion or Order Filing 40 DOCKET TEXT ORDER denying without prejudice #37 Motion for Pro Hac Vice Admission, denying without prejudice #38 Motion for Pro Hac Vice Admission. These motions indicate the attorneys seeking admission have been admitted pro hac vice in cases in the District of Utah in the previous five years, but do not list the cases. (See Doc. No. 37 at 2; Doc. No. 38 at 2.) Accordingly, the motions are denied without prejudice. Signed by Magistrate Judge Daphne A. Oberg on 9/15/2022. No attached document. (eh)
September 15, 2022 Filing 39 REPORT OF ATTORNEY PLANNING MEETING. (Miller, Michael)
September 14, 2022 Filing 38 MOTION for Admission Pro Hac Vice of Randall Ladon Christian , Registration fee $ 250, receipt number AUTDC-4446046,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Xtant Medical Holdings, Inc.. (Miller, Michael)
September 14, 2022 Filing 37 MOTION for Admission Pro Hac Vice of Jonathan Lane Smith , Registration fee $ 250, receipt number AUTDC-4446022,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Xtant Medical Holdings, Inc.. (Miller, Michael)
September 13, 2022 Filing 36 NOTICE of Appearance by Michael J. Miller on behalf of Xtant Medical Holdings, Inc. (Miller, Michael)
August 18, 2022 Opinion or Order Filing 35 ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a schedule to Defendant(s) in the form of a draft Attorney Planning Meeting Report, available on the District of Utah's website at https://www.utd.uscourts.gov/civil-case-scheduling, within fourteen (14) days. See order for additional instructions. Signed by Magistrate Judge Daphne A. Oberg on 08/18/2022. (mh)
August 17, 2022 Filing 34 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Steven John Fitzpatrick, for Defendant Xtant Medical Holdings, Inc. (nl)
August 17, 2022 Filing 33 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Randall L. Christian and Jonathan Lane Smith, for Defendant Xtant Medical Holdings, Inc. (nl)
August 17, 2022 Filing 32 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Daniel J. Auerbach, for Defendant Xtant Medical Holdings, Inc. (nl)
August 17, 2022 Filing 31 NOTICE OF REQUIREMENTS for appearance phv, for Plaintiff Ronnie Jules Baham (nl)
August 17, 2022 Filing 30 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Dale Trimble, for Plaintiff Ronnie Jules Baham. (nl)
August 17, 2022 Filing 29 Case transferred in from USDC of Montana; Case Number 2:22-cv-00010. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:22-cv-00522-DAO. Assigned to Magistrate Judge Daphne A. Oberg.
August 17, 2022 Opinion or Order Filing 28 ORDER: IT IS ORDERED that Xtants Motion to Transfer Venue (Doc. 21) is GRANTED.IT IS FURTHER ORDERED that the Clerk of the Court is directed to transfer this case to the United States District Court for the District of Utah. SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 8/17/2022. (SLR) [Transferred from Montana on 8/17/2022.]
July 12, 2022 Filing 27 MINUTE ENTRY for proceedings held before Judge Brian Morris: Motion Hearing held on 7/12/2022: Counsel Dale Trimble and Richard Ramler appearing on behalf of Plaintiff, and Counsel Daniel Auerbach and Jonathan Smith appearing on behalf of Defendant. Both parties appearing by ZOOM. Motion Hearing re #21 MOTION to Change Venue filed by Xtant Medical Holdings, Inc. Parties with argument. Matter submitted. Hearing commenced at 11:24 am and concluded at 11:45 am. (Court Reporter Y. Heinze.) (Law Clerk: K. Guldseth), (Hearing held in Butte, MT) (SMS) [Transferred from Montana on 8/17/2022.]
July 7, 2022 Opinion or Order Filing 26 IT IS HEREBY ORDERED that the Hearing on Motion to Change Venue, set for 11:00 a.m. on July 12, 2022, shall be held by ZOOM. Signed by Judge Brian Morris on 7/7/2022. (KAH) Modified on 7/7/2022 to reflect zoom information sent to counsel (KAH). [Transferred from Montana on 8/17/2022.]
July 7, 2022 Filing 25 MOTION for Leave to Appear to Conduct Hearing by Videoconference Daniel J. Auerbach appearing for Defendant Xtant Medical Holdings, Inc. (Attachments: #1 Text of Proposed Order) (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
July 6, 2022 Opinion or Order Filing 24 TEXT ORDER Setting Hearing on Motion #21 MOTION to Change Venue : Motion Hearing is set for 7/12/2022 at 11:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 7/6/2022. (SLL) [Transferred from Montana on 8/17/2022.]
July 6, 2022 Filing 23 RESPONSE to Motion re #21 MOTION to Change Venue filed by Ronnie Jules Baham. (Attachments: #1 Exhibit Exhibit 1 Defendant's Motion to Dismiss) (Ramler, Richard) [Transferred from Montana on 8/17/2022.]
June 22, 2022 Filing 22 Brief/Memorandum in Support re #21 MOTION to Change Venue filed by Xtant Medical Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
June 22, 2022 Filing 21 MOTION to Change Venue Daniel J. Auerbach appearing for Defendant Xtant Medical Holdings, Inc. (Auerbach, Daniel) Modified on 7/8/2022 to un-term motion(ACC). [Transferred from Montana on 8/17/2022.]
April 13, 2022 Filing 20 NOTICE of Acknowledgment of Pro Hac Vice Order by Ronnie Jules Baham (Trimble, Dale) [Transferred from Montana on 8/17/2022.]
March 31, 2022 Opinion or Order Filing 19 SCHEDULING ORDER: Final Pretrial Conference set for 7/31/2023 at 01:30 PM in Butte, MT before Judge Brian Morris. Jury Trial set for 8/7/2023 at 09:00 AM in Butte, MT before Judge Brian Morris. Amended Pleadings due by 6/30/2022. Discovery due by 2/27/2023. Joinder of Parties due by 6/30/2022. Motions due by 4/28/2023. Proposed Pretrial Order due by 6/27/2023. Signed by Judge Brian Morris on 3/31/2022. (TLO) [Transferred from Montana on 8/17/2022.]
March 31, 2022 Opinion or Order Filing 18 ORDER granting #17 Motion to Appear Pro Hac Vice for Attorney Dale L Trimble for Ronnie Jules Baham. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 4/15/2022. Signed by Judge Brian Morris on 3/31/2022. (KAH) [Transferred from Montana on 8/17/2022.]
March 30, 2022 Filing 17 Unopposed MOTION Dale Trimble to Appear Pro Hac Vice ( Filing fee $ 262 receipt number mtx400015875.) Richard A. Ramler appearing for Plaintiff Ronnie Jules Baham (Attachments: #1 Affidavit Aff. Dale Trimble, #2 Text of Proposed Order Proposed Order) (Ramler, Richard) [Transferred from Montana on 8/17/2022.]
March 30, 2022 Filing 16 NOTICE of Acknowledgment of Pro Hac Vice Order by Xtant Medical Holdings, Inc. re #9 Order on Motion to Appear Pro Hac Vice,,,,, (Smith, Jonathan) [Transferred from Montana on 8/17/2022.]
March 29, 2022 Filing 15 NOTICE of Acknowledgment of Pro Hac Vice Order by Xtant Medical Holdings, Inc. re #9 Order on Motion to Appear Pro Hac Vice,,,,, (Christian, Randall) [Transferred from Montana on 8/17/2022.]
March 29, 2022 Opinion or Order Filing 14 TEXT Order Re-Setting: IT IS HEREBY ORDERED that the Telephonic Pretrial Conference is reset for 3/31/2022 at 11:00 AM. The call-in number is as follows: 877-402-9753; access code: 5136505. Signed by Judge Brian Morris on 3/29/2022. (SLL) [Transferred from Montana on 8/17/2022.]
March 24, 2022 Filing 13 PRELIMINARY PRETRIAL STATEMENT by Xtant Medical Holdings, Inc.. (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
March 24, 2022 Filing 12 PRELIMINARY PRETRIAL STATEMENT by Ronnie Jules Baham. (Ramler, Richard) [Transferred from Montana on 8/17/2022.]
March 24, 2022 Filing 11 JOINT DISCOVERY PLAN by Ronnie Jules Baham. (Ramler, Richard) [Transferred from Montana on 8/17/2022.]
March 24, 2022 Filing 10 STATEMENT OF STIPULATED FACTS by Ronnie Jules Baham. (Ramler, Richard) [Transferred from Montana on 8/17/2022.]
March 17, 2022 Opinion or Order Filing 9 ORDER granting #7 Motion to Appear Pro Hac Vice for Attorney Randall L. Christian,Jonathan L Smith for Xtant Medical Holdings, Inc.. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here.; granting #8 Motion to Appear Pro Hac Vice for Attorney Randall L. Christian,Jonathan L Smith for Xtant Medical Holdings, Inc.. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 4/1/2022. Signed by Judge Brian Morris on 3/17/2022. (KAH) [Transferred from Montana on 8/17/2022.]
March 17, 2022 Filing 8 Unopposed MOTION Jonathan L. Smith to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2834286.) Daniel J. Auerbach appearing for Defendant Xtant Medical Holdings, Inc. (Attachments: #1 Affidavit, #2 Proposed Order) (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
March 17, 2022 Filing 7 Unopposed MOTION Randall L. Christian to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2834212.) Daniel J. Auerbach appearing for Defendant Xtant Medical Holdings, Inc. (Attachments: #1 Affidavit, #2 Proposed Order) (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
March 7, 2022 Filing 6 COMPLAINT (State Court) against Xtant Medical Holdings, Inc., filed by Ronnie Jules Baham. (ACC) [Transferred from Montana on 8/17/2022.]
March 7, 2022 Filing 5 NOTICE re #1 Notice of Removal from MT Eighteenth Judicial District Court, Gallatin County consisting of: (Attachments: #1 State Court Docket, #2 Notice of Removal, #3 Notice of Filing Notice of Removal, #4 Summons Return, #5 Pro Hac Vice Motion - Dale Trimble (Receipt # MTX400015875), #6 Application Pro Hac Vice - Dale Trimble, #7 Order Approving Pro Hac - Trimble) (ACC) Modified on 3/30/2022 to add receipt number (TLO). [Transferred from Montana on 8/17/2022.]
February 24, 2022 Filing 4 ANSWER to Complaint by Xtant Medical Holdings, Inc.. (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
February 17, 2022 Opinion or Order Filing 3 PRELIMINARY PRETRIAL CONFERENCE ORDER; Preliminary Pretrial Statement due by 3/24/2022. Joint Discovery Plan due by 3/24/2022. Statement of Stipulated Facts due by 3/24/2022. Telephonic Pretrial Conference set for 3/31/2022 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/17/2022. (TLO) [Transferred from Montana on 8/17/2022.]
February 17, 2022 Filing 2 Corporate Disclosure Statement by Xtant Medical Holdings, Inc.. (Auerbach, Daniel) [Transferred from Montana on 8/17/2022.]
February 17, 2022 Filing 1 NOTICE OF REMOVAL by Xtant Medical Holdings, Inc., from Montana Eighteenth Judicial District Court, Gallatin County, case number DV-22-17B., filed by Xtant Medical Holdings, Inc. (Attachments: #1 Exhibit A - Gallatin County District Court Pleadings, #2 Civil Cover Sheet) (TLO) [Transferred from Montana on 8/17/2022.]
February 17, 2022 Filing fee received: $402, receipt number MTX400015799 (TLO) [Transferred from Montana on 8/17/2022.]

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Plaintiff: Ronnie Jules Baham
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Defendant: Xtant Medical Holdings, Inc.
Represented By: Jonathan Lane Smith
Represented By: Michael J. Miller
Represented By: Randall L. Christian
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