West Bend Mutual Insurance Company et al v. DePuy Synthes Sales Incorporated et al
| West Bend Mutual Insurance Company and Nancy Lodl |
| DePuy Synthes Sales Incorporated, Synthes USA Products LLC, ABC Insurance Company, DEF Insurance Company, GHI Insurance Company and JKL Insurance Company |
| 2:2021cv01335 |
| November 19, 2021 |
| US District Court for the Eastern District of Wisconsin |
| Stephen C Dries |
| J P Stadtmueller |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 1, 2023. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 3/1/2023. Upon consideration of #24 the parties' request for an extension of time to file dismissal papers, the Court orders that the Clerk of Court administratively close this case pending the filing of said papers; the request is DENIED as moot. The parties should promptly file their dismissal papers but the Court will not set a new deadline by which to do so. (cc: all counsel) (cw)
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| Filing 24 LETTER from Rick Mundt regarding dismissal paperwork. (Mundt, Rick) |
| Filing 23 LETTER from Grant C. Killoran . (Killoran, Grant) |
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TEXT ONLY ORDER signed by Judge J.P. Stadtmueller on 1/31/2023. In light of #23 the parties' notice that the case has settled through mediation, the remaining deadlines in #9 the Trial Scheduled Order are VACATED and #20 Defendants' motion for summary judgment is DENIED as moot. #18 Defendants' expedited motion to file under seal certain documents related to the motion for summary judgment is GRANTED; all documents attached thereto shall remain sealed until further order of the Court. The parties shall file appropriate dismissal paperwork within thirty (30) days of this Order. (cc: all counsel) (cw)
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| Filing 22 STATEMENT OF FACT by DePuy Synthes Sales Incorporated, Synthes USA Products LLC Disputed Statement of Facts. (Attachments: #1 Exhiibit 1)(Alexander, Donn) |
| Filing 21 STATEMENT OF FACT by DePuy Synthes Sales Incorporated, Synthes USA Products LLC Joint Statement of Facts. (Attachments: #1 Exhibit A, #2 Exhibit F, #3 Exhibit P, #4 Exhibit Q)(Alexander, Donn) |
| Filing 20 MOTION for Summary Judgment by DEF Insurance Company, Synthes USA Products LLC. (Alexander, Donn) |
| Filing 19 NOTICE by DePuy Synthes Sales Incorporated, Synthes USA Products LLC of Filing Motion for Summary Judgment (Alexander, Donn) |
| Filing 18 MOTION to Expedite to File Documents Under Seal by DePuy Synthes Sales Incorporated, Synthes USA Products LLC. (Attachments: #1 Declaration, #2 Confidential Medical Record, #3 Confidential Medical Record, #4 Confidential Medical Record, #5 Confidential Medical Record, #6 Confidential Medical Record, #7 Confidential Medical Record, #8 Confidential Medical Record, #9 Confidential Medical Record, #10 Confidential Medical Record, #11 Confidential Medical Record, #12 Confidential Medical Record, #13 Confidential Medical Record, #14 Confidential Medical Record, #15 Confidential Medical Record, #16 Confidential Medical Record, #17 Confidential Expert Report)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Alexander, Donn) |
| Filing 17 Interim Settlement Report . (Obi, Mmeli) |
| Filing 16 NOTICE of Appearance by Austin Malinowski on behalf of DePuy Synthes Sales Incorporated. Attorney(s) appearing: Austin J. Malinowski (Malinowski, Austin) |
| Filing 15 Witness List by Nancy Lodl, West Bend Mutual Insurance Company. (Attachments: #1 Exhibit A - Engineer's Report)(Mundt, Rick) |
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Filing 14
PROTECTIVE ORDER signed by Judge J P Stadtmueller on 11/9/2022: GRANTING #13 Parties' Stipulated Motion for Protective Order and SPECIFYING the terms as modified for confidential information produced or disclosed during this matter. See Order. (cc: all counsel)(jm)
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| Filing 13 Stipulated MOTION for Protective Order by DePuy Synthes Sales Incorporated, Synthes USA Products LLC. (Attachments: #1 Text of Proposed Order)(Killoran, Grant) |
| Filing 12 NOTICE of Appearance by Kathleen S Elder on behalf of DePuy Synthes Sales Incorporated, Synthes USA Products LLC. Attorney(s) appearing: Kathleen S. Elder (Elder, Kathleen) |
| Filing 11 NOTICE of Appearance by Mmeli Obi on behalf of Nancy Lodl, West Bend Mutual Insurance Company. Attorney(s) appearing: Mmeli Obi (Obi, Mmeli) |
| Filing 10 STIPULATION Regarding Additional Pre-Trial Dates by DePuy Synthes Sales Incorporated, Synthes USA Products LLC. (Killoran, Grant) |
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Filing 9
TRIAL SCHEDULING ORDER signed by Judge J.P. Stadtmueller on 3/29/2022. Interim Settlement Report due by 1/3/2023; Dispositive Motions due by 1/6/2023; Final Settlement Report due by 3/3/2023; Motions in Limine and Daubert Motions due by 3/10/2023; Final/Joint Pretrial Report due by 2:00 PM on 3/15/2023. Final Pretrial Conference set for 3/21/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. Jury Trial set for 3/27/2023 at 8:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J.P. Stadtmueller. See Order. (cc: all counsel) (cl)
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| Filing 8 Joint REPORT of Rule 26(f) Plan by DePuy Synthes Sales Incorporated, Synthes USA Products LLC. (Wittenberg, Christa) |
| Filing 7 NOTICE of Appearance by Rick J Mundt on behalf of Nancy Lodl, West Bend Mutual Insurance Company. Attorney(s) appearing: Blayne N. Steinkraus (Mundt, Rick) |
| As of 2/9/2022, all Defendants in this matter have appeared and submitted answers. Typically, the Court would set this matter for a scheduling hearing. See Fed. R. Civ. P. 16. In light of the challenges presented by the increase in COVID-19 cases, the Court will instead order the parties to submit a joint Rule 26 plan by 2/23/2022. The Court will then issue a written trial scheduling order. The parties should contact chambers if they have any questions. |
| Case Reassigned to Judge J P Stadtmueller. Magistrate Judge Stephen C Dries no longer assigned to the case. (amb) |
| Filing 6 Magistrate Judge Jurisdiction Form filed by DePuy Synthes Sales Incorporated. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Wittenberg, Christa) |
| Filing 5 ANSWER to Complaint and Affirmative Defenses by DePuy Synthes Sales Incorporated.(Killoran, Grant) |
| Filing 4 NOTICE of Appearance by Grant C Killoran on behalf of DePuy Synthes Sales Incorporated. Attorney(s) appearing: Grant C. Killoran (Killoran, Grant) |
| Filing 3 LETTER to Zachary Zellner regarding ECF registration and Admissions (sent via USPS) (jcl) |
| Filing 2 DISCLOSURE Statement by DePuy Synthes Sales Incorporated. (Wittenberg, Christa) |
| Filing 1 NOTICE OF REMOVAL by DePuy Synthes Sales Incorporated from Brown County Circuit Court, Case Number: 21-CV-1150 with attached state court documents. (Filing Fee PAID $402 receipt number AWIEDC-3977191) (Attachments: #1 Complaint Exhibit 1, #2 Civil Cover Sheet)(Wittenberg, Christa) |
| NOTICE Regarding assignment of this matter to Magistrate Judge Stephen C Dries; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
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