Ickes v. Medical Device Business Services Inc et al
| Troy Ickes |
| Medical Device Business Services Inc, DePuy Orthopaedics, Inc., DePuy Inc., Johnson & Johnson, Johnson & Johnson Services Inc. and Johnson & Johnson International |
| Special Master |
| 1:2023cv00090 |
| January 20, 2023 |
| US District Court for the Eastern District of Virginia |
| Ivan D Davis |
| Patricia Tolliver Giles |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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Filing 34
SCHEDULING ORDER: Initial Pretrial Conference set for 4/12/2023 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 7/19/2023 at 10:00 AM in Alexandria Telephonically before District Judge Patricia Tolliver Giles. Discovery due by 7/14/2023. Signed by District Judge Patricia Tolliver Giles on 03/09/23. (Attachments: #1 Magistrate Judge Consent Form, #2 Pretrial Notice)(pmil, )
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| Filing 33 Case transferred in from District of Texas Northern; Case Number 3:22-cv-00384. Original file and docket sheet received. |
| Filing 32 CONDITIONAL REMAND ORDER: The attached order has been entered by the JPML in MDL 2244. IT IS THEREFORE ORDERED that the actions on this conditional remand order be remanded to their respective transferor courts. (twd) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 31 STATUS REPORT (defendants) filed by Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Attachments: #1 Exhibit(s) A - Docket List) (Bruksch, Terri) [Transferred from Texas Northern on 1/20/2023.] |
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Filing 30
SUGGESTION OF REMAND ORDER - The Court issues this Suggestion of Remand to the United States Judicial Panel for Multidistrict Litigation (the "Panel") regarding seven cases pending in this MDL pursuant to 28 U.S.C. 1407(a). Pursuant to J.P.M.L. Rule 10.1(b)(i), the Court SUGGESTS that the Panel remand the identified seven cases to their transferor districts for further proceedings. The Clerk shall forward a certified copy of this order to the Panel. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) (chmb). [Transferred from Texas Northern on 1/20/2023.]
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Filing 29
ELECTRONIC ORDER: The Scheduling Order entered in this case is hereby VACATED. (Ordered by Judge Ed Kinkeade on 12/30/2022) (chmb) [Transferred from Texas Northern on 1/20/2023.]
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| Filing 28 NOTICE of the Special Master's rulings. After reviewing the pleadings on file including the parties' joint status reports [Dkts. 23, 25] and conducting a telephonic hearing on December 28, 2022 [Dkt. 27], the special master recommends the Court vacate its existing scheduling order [Dkt. 18] and transfer this case for further proceedings because it is in the early stages of discovery and would no longer benefit from inclusion in the coordinated or consolidated pretrial proceedings before this Court. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 27 Administrative Record consisting of REPORTER'S TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE HAD ON WEDNESDAY, DECEMBER 28, 2022 filed by Special Master. (Stanton, James) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 26 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) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 25 Joint STATUS REPORT (Second) filed by Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 24 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 8:15 a.m. Central using the following information: Call in number 800.977.8002; Passcode 8325765#. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 23 Joint STATUS REPORT filed by Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services Inc, Medical Device Business Services Inc. (Bruksch, Terri) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 22 NOTICE of the Special Master's rulings: Pursuant to the special master's report of December 1, 2022 [Dkt. 21], and the Court's Scheduling Order of September 30, 2022 [Dkt. 18], 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. filed by Special Master (Stanton, James) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 21 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.) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 20 ANSWER to #8 Complaint with Jury Demand filed by Johnson & Johnson, Johnson & Johnson International, 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. Attorney Terri Bruksch added to party Johnson & Johnson International(pty:dft), Attorney Terri Bruksch added to party Johnson & Johnson Services Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/20/2023.] |
| Filing 19 ANSWER to #8 Complaint with Jury Demand filed by Medical Device Business 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. Attorney Terri Bruksch added to party Medical Device Business Services Inc(pty:dft) (Bruksch, Terri) [Transferred from Texas Northern on 1/20/2023.] |
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Filing 18
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(b), the Court enters this Scheduling Order: 1. Each Plaintiff shall amend pleadings by October 7, 2022; Each Defendant shall 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 9/30/2022) (chmb) [Transferred from Texas Northern on 1/20/2023.]
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| Filing 17 Case electronically transferred in from District of Virginia Eastern; Case Number 1:21-cv-01336. 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. [Transferred from Texas Northern on 1/20/2023.] |
| Case electronically transferred to District of Northern District of Texas. (jlan) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 15 AFFIDAVIT of Service for Summons served on Johnson & Johnson, Johnson & Johnson International, and Johnson & Johnson Services, Inc on February 9, 2022, filed by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 14 SUMMONS Returned Executed by Troy Ickes Medical Devices Business Services, Inc served on 1/4/2022, answer due 1/25/2022; Medical Devices Business Services, Inc. served on 1/4/2022, answer due 1/25/2022 (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 13 Amended Summons for First Amended Complaint Issued as to Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(nneb) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 16 CONDITIONAL TRANSFER ORDER (CTO-362) transferring this case to the Northern District of Texas, to be assigned to the Honorable Ed Kinkeade, entered by the Clerk of the Panel on 12/17/2021.(jlan) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 12 Proposed Summons Revised by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 11 Proposed Summons Revised by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 10 Proposed Summons Revised by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 9 Summons Issued as to Johnson & Johnson, Johnson & Johnson International, Johnson & Johnson Services, Inc., Medical Devices Business Services, Inc, Medical Devices Business Services, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice to Attorney)(nneb) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 8 Complaint First Amended Complaint, filed by Troy Ickes.(McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 7 FILED IN ERROR AND REMOVED Complaint Amended Complaint, filed by Troy Ickes.(McBride, Cameron) (Main Document 7 replaced on 12/17/2021) (nneb, ). Modified on 12/17/2021 (nneb, ). [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 6 Proposed Summons by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 5 Proposed Summons by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 4 Proposed Summons by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 3 Proposed Summons by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 2 Proposed Summons by Troy Ickes. (McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8126790.), filed by Troy Ickes. (Attachments: #1 Civil Cover Sheet)(McBride, Cameron) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
| Initial Case Assignment to District Judge Patricia Tolliver Giles and Magistrate Judge Ivan D. Davis. (nneb) [Transferred from Virginia Eastern on 2/16/2022.] [Transferred from Texas Northern on 1/20/2023.] |
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