Swank et al v. DePuy Synthes Sales Inc et al
| Dallas Swank and Jeanne Pascal |
| John Does I-X, DePuy Orthopaedics Inc, Johnson & Johnson and DePuy Synthes Sales Inc |
| 2:2020cv01373 |
| September 17, 2020 |
| US District Court for the Western District of Washington |
| Lauren King |
| Brian A Tsuchida |
| Thomas S Zilly |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Defendant |
Docket Report
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Filing 43
Stipulation and Final Judgment of Dismissal re Parties' #42 Stipulated Motion. The Court ORDERS that all claims against Defendants in the above-captioned cause are dismissed with prejudice and without costs or fees. Signed by Judge Lauren King. (LH)
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| Filing 42 Stipulated MOTION to Dismiss DePuy Syntheses Sales, Inc. and DePuy Orthopaedics, Inc., filed by Plaintiffs Jeanne Pascal, Dallas Swank. Noting Date 9/1/2022, (Lopez, Carl) Modified title on 9/1/2022 (LH) |
| NOTICE of Docket Text Modification re dkt #42 : Revised entry to indicate applicable parties, and that the motion is stipulated. (LH) |
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Filing 41
ORDER denying Plaintiff's #35 MOTION for Reconsideration. The Court DENIES plaintiffs' requests for additional discovery set forth in the LR 37 submission. Dkts. #35 , #40 . Signed by Hon. Brian A Tsuchida.(MW)
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| Filing 40 REPORT LR 37 Submission by Plaintiffs Jeanne Pascal, Dallas Swank (Lopez, Carl) |
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Filing 39
ORDER: Before considering plaintiffs' current motion for reconsideration, Dkt. #35 , the Court ORDERS the parties to confer and to provide to the Court a LCR 37 Joint Submission that sets forth the remaining discovery disputes. Plaintiffs shall be responsible for preparing and filing the LCR 37 Joint Submission with the court by 5/18/2022. Signed by Hon. Brian A Tsuchida. (MW)
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Filing 38
MINUTE ORDER REFERRING CASE to Judge Hon. Brian A Tsuchida. Authorized by Judge Lauren King. (MW)
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Filing 37
ORDER granting #36 Motion to Amend Case Schedule signed by Judge Lauren King. Jury Trial is continued to 2/6/2023 at 9:00 AM before Judge Lauren King. Depositions of Plaintiffs' experts due by 6/10/2022, Disclosure of Defendants' expert reports due by 7/15/2022, Depositions of Defendants' experts due by 8/5/2022, Discovery Motions due by 8/10/2022, Discovery completed by 8/19/2022, Dispositive motions due by 8/22/2022, Motions in Limine due by 9/30/2022, Attorney settlement conference to be held by 11/8/2022, 39.1 mediation to be completed by 12/8/2022, Pretrial Order due by 1/17/2023, Trial briefs and Proposed voir dire/jury instructions to be submitted by 1/23/2023. Pretrial Conference set for 1/27/2023 at 10:00 AM before Judge Lauren King. (NAW)
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| Set Deadline: Jury Demand is due by 5/10/2022. (NAW) |
| Filing 36 Stipulated MOTION to Amend Case Schedule, filed by Plaintiffs Jeanne Pascal, Dallas Swank. Noting Date 5/2/2022, (Lopez, Carl) |
| Filing 35 MOTION for Reconsideration re #34 Order Denying Motion to Compel, filed by Plaintiffs Jeanne Pascal, Dallas Swank. (Attachments: #1 Proposed Order) Noting Date 4/29/2022, (Lopez, Carl) Modified to add linkage on 5/2/2022 (MW). |
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Filing 34
ORDER granting Defendants' #28 MOTION for Reconsideration. Plaintiffs' motion to compel production is DENIED. Dkt. #23 . Fact discovery is complete and the parties are to proceed with expert discovery. Signed by Hon. Brian A Tsuchida.(MW)
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| Filing 33 REPLY, filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, TO RESPONSE to #28 MOTION for Reconsideration re #27 Order on Motion for Discovery (Talcott, Anne) |
| Filing 32 RESPONSE, by Plaintiffs Jeanne Pascal, Dallas Swank, to #28 MOTION for Reconsideration re #27 Order on Motion for Discovery . (Lopez, Carl) |
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Filing 31
ORDER Amending Briefing Schedule. DePuy's #28 MOTION for Reconsideration is RENOTED for 4/15/2022. Signed by Hon. Brian A Tsuchida. (MW)
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Filing 30
ORDER Requesting Briefing on Defendants' #28 MOTION for Reconsideration. The Court ORDERS plaintiffs to respond to DuPuy's motion for reconsideration by 4/4/2022; DuPuy may file an optional reply brief by 4/8/2022. DePuy's motion for reconsideration is RENOTED for consideration on 4/8/2022. Signed by Hon. Brian A Tsuchida. (MW)
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| Filing 29 Second DECLARATION of Robert S. Hastings filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc re #28 MOTION for Reconsideration re #27 Order on Motion for Discovery (Talcott, Anne) |
| Filing 28 MOTION for Reconsideration re #27 Order on Motion for Discovery , filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc. (Attachments: #1 Proposed Order) Noting Date 3/28/2022, (Talcott, Anne) |
| MOTION REFERRED: #28 MOTION for Reconsideration re #27 Order on Motion for Discovery is referred to Judge Brian A Tsuchida. (NAW) |
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Filing 27
ORDER granting in part and denying in part Plaintiff's #23 Motion to Compel Discovery. Signed by Hon. Brian A Tsuchida.(MW)
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| MOTION REFERRED: #23 MOTION for Discovery is referred to Judge Brian A Tsuchida. This motion is no longer referred to Judge S. Kate Vaughan. (NAW) |
| MOTION REFERRED: #23 MOTION for Discovery is referred to Judge S. Kate Vaughan. (NAW) |
| Filing 26 REPLY, filed by Plaintiffs Jeanne Pascal, Dallas Swank, TO RESPONSE to #23 MOTION for Discovery (Attachments: #1 Exhibit Affidavit of Lopez, #2 Certificate of Service)(Lopez, Carl) |
| Filing 25 DECLARATION of Robert S. Hastings filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc re #23 MOTION for Discovery (Talcott, Anne) |
| Filing 24 RESPONSE, by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, to #23 MOTION for Discovery . Oral Argument Requested. (Talcott, Anne) |
| Filing 23 MOTION for Discovery , filed by Plaintiffs Jeanne Pascal, Dallas Swank. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Certificate of Service) Noting Date 3/4/2022, (Lopez, Carl) |
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Filing 22
ORDER granting #21 Motion to Amend Case Schedule signed by Judge Lauren King. Jury Trial is continued to 11/7/2022 before Judge Lauren King. Motions related to discovery due by 2/18/2022, Disclosure of Plaintiffs' expert reports due by 4/21/2022, Depositions of Plaintiffs' experts due by 5/12/2022, Disclosure of Defendants' expert reports due by 6/2/2022, Depositions of Defendants' experts due by 6/30/2022, All dispositive motions due by 7/8/2022, All motions related to expert witnesses due by 7/15/2022, All motions in limine due by 9/30/2022, Agreed pretrial order due by 10/14/2022, Trial briefs, proposed voir dire questions, and jury instructions are due by 10/14/2022. Pretrial conference set for 10/21/2022 at 10:00am before Judge Lauren King. (NAW)
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| Filing 21 Agreed MOTION to Amend Case Schedule, filed by Plaintiffs Jeanne Pascal, Dallas Swank. Noting Date 2/1/2022, (Lopez, Carl) |
| Filing 20 Agreed MOTION to Amend Case Schedule, filed by Plaintiffs Jeanne Pascal, Dallas Swank. Noting Date 1/24/2022, (Lopez, Carl) |
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Filing 19
ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW)
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| Case reassigned to Judge Lauren King. Judge Thomas S. Zilly no longer assigned to the case. (KK) |
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Filing 18
STIPULATED PROTECTIVE ORDER re Parties' #17 Stipulated MOTION for Protective Order. Signed by Judge Thomas S. Zilly. (MW)
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| Filing 17 Stipulated MOTION for Protective Order , filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, Johnson & Johnson. Noting Date 11/4/2021, (Talcott, Anne) |
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Filing 16
MINUTE ORDER granting in part and denying in part Parties' #15 Stipulated Motion for Extension of Time. Jury Trial is set for 6/6/2022 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/29/2021, Discovery Motions due by 1/6/2022, Discovery to be completed by 2/14/2022, Dispositive motions due by 3/17/2022, Motions related to expert witnesses due by 3/24/2022, Motions in Limine due by 5/5/2022, Agreed Pretrial Order due by 5/20/2022, Voir dire/jury instructions/trial briefs due by 5/20/2022, Pretrial Conference set for 5/27/2022 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly.(MW)
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| Filing 15 Unopposed MOTION for Extension of Time , filed by Plaintiffs Jeanne Pascal, Dallas Swank. Noting Date 10/21/2021, (Lopez, Carl) |
| Filing 14 NOTICE of Appearance by attorney Anne M Talcott on behalf of Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc. (Talcott, Anne) |
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Filing 13
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES: Jury Trial (10 days) is set for 4/4/2022 before Judge Thomas S. Zilly. Joinder of Parties due by 9/13/2021, Amended Pleadings due by 9/13/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/27/2021, Discovery Motions due by 10/11/2021, Expert Discovery to be completed by 10/29/2021, Dispositive motions due by 11/30/2021, Discovery to be completed by 12/13/2021, Motions related to expert witnesses due by 1/20/2022, Motions in Limine due by 3/3/2022, Agreed Pretrial Order due by 3/18/2022, Voir dire/jury instructions/trial briefs due by 3/18/2022, Pretrial Conference set for 3/25/2022 at 01:30 PM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW)
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| Filing 12 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10. Filed by Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc.(Campbell, Jennifer) |
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Filing 11
MINUTE ORDER: Pursuant to the parties' stipulation, docket no. #10 , plaintiffs' claims against defendant Johnson & Johnson are DISMISSED without prejudice and without costs. From this point forward, this case shall be captioned as Swank, et al. v. DePuy Synthes Sales, Inc., et al. Authorized by Judge Thomas S. Zilly. (MW)
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| Filing 10 STIPULATION AND PROPOSED ORDER of Dismissal of Johnson & Johnson by parties (Campbell, Jennifer) |
| Filing 9 Defendants' ANSWER to Complaint (Notice of Removal)- re: #1 Notice of Removal, with Jury Demand by DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, Johnson & Johnson. (Campbell, Jennifer) |
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Filing 8
ORDER re #7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney J T Larson, Jr for Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, and Johnson & Johnson, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 7 APPLICATION OF ATTORNEY J. T. Larson FOR LEAVE TO APPEAR PRO HAC VICE for Defendants DePuy Orthopaedics Inc, DePuy Synthes Sales Inc, Johnson & Johnson (Fee Paid) Receipt No. AWAWDC-6610129 (Campbell, Jennifer) |
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Filing 6
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 11/17/2020, FRCP 26(f) Conference Deadline is 11/3/2020, Initial Disclosure Deadline is 11/17/2020, by Judge Thomas S. Zilly. (KD)
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| Filing 5 LETTER from Clerk re receipt of case from Snohomish County Superior Court and advising of WAWD case number and judge assignment. (CDA) |
| Judge Thomas S. Zilly added. (CDA) |
| Filing 4 CERTIFICATE OF SERVICE by Defendants DePuy Orthopaedics, inc., DePuy Synthes Sales, Inc., Johnson & Johnson re #1 Notice of Removal, (Campbell, Jennifer) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by DePuy Orthopaedics, inc., DePuy Synthes Sales, Inc., Johnson & Johnson (Campbell, Jennifer) |
| Filing 2 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendants DePuy Orthopaedics, inc., DePuy Synthes Sales, Inc., Johnson & Johnson (Campbell, Jennifer) |
| Filing 1 NOTICE OF REMOVAL from Snohomish County Superior Court, case number 20-2-03984-31; (Receipt # AWAWDC-6605762), filed by DePuy Synthes Sales, Inc., DePuy Orthopaedics, inc., Johnson & Johnson. (Attachments: #1 Civil Cover Sheet, #2 Complaint)(Campbell, Jennifer) |
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