Abts v. Wright Medical Technology Incorporated et al
Plaintiff: Dennis Abts
Defendant: Wright Medical Group, Inc. and Wright Medical Technology Incorporated
Case Number: 3:2019cv00096
Filed: February 6, 2019
Court: US District Court for the Western District of Wisconsin
Presiding Judge: William M Conley
Referring Judge: Stephen L Crocker
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2019 Opinion or Order Filing 26 ** TEXT ONLY ORDER **ORDER granting #25 Motion to Admit Stuart C. Talley Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 4/3/2019. (lak)
April 3, 2019 Filing 25 Motion to Admit Stuart C. Talley Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2437250.) by Plaintiff Dennis Abts. Motions referred to Magistrate Judge Stephen L. Crocker. (Talley, Stuart)
March 25, 2019 Opinion or Order Filing 24 Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to Pleadings due 4/15/2019. Dispositive Motions due 5/15/2020. Settlement Letters due 9/4/2020. Motions in Limine due 9/11/2020. Response to Motion due 9/25/2020. Final Pretrial Conference set for 10/6/2020 at 04:00 PM. Jury Selection and Trial set for 10/19/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/25/19. (jat)
March 22, 2019 Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/22/2019 [:10] (cak)
March 19, 2019 Filing 23 Joint Preliminary Pretrial Conference Report by Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (Harrison, Kendall)
March 19, 2019 Filing 22 Notice of Appearance filed by Kendall W. Harrison for Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (Harrison, Kendall)
March 18, 2019 Filing 21 Notice of Withdrawal of Counsel by Ryan John O'Neil re: Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (Withdrawal of Sharon L. Caffrey) (O'Neil, Ryan)
March 18, 2019 Filing 20 Notice of Appearance filed by Ryan John O'Neil for Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (O'Neil, Ryan)
March 18, 2019 Filing 19 Notice of Appearance filed by Sean K. Burke for Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (Burke, Sean)
March 15, 2019 Filing 18 Notice of Appearance filed by Jay A. Urban for Plaintiff Dennis Abts. (Urban, Jay)
March 1, 2019 Filing 17 Notice of Appearance filed by Dana J. Ash for Defendants Wright Medical Group, Inc., Wright Medical Technology Incorporated. (Ash, Dana)
February 28, 2019 Set Telephone Conference: Telephone Pretrial Conference set for 3/22/2019 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (jat)
February 6, 2019 Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (jat)
February 6, 2019 Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (jat)
February 6, 2019 Filing 16 Case transferred in from District of Georgia Northern; Case Number 1:13-cv-00083. Original file certified copy of transfer order and docket sheet received. (lak)
August 16, 2018 Opinion or Order Filing 15 ORDER GRANTING 2375 Motion to Withdraw as Attorney. Attorney Terrence Smith terminated. Signed by Judge Thomas W. Thrash, Jr. on 8/16/18. Associated Cases: 1:12-md-02329-TWT et al.(jkl) [Transferred from Georgia Northern on 2/6/2019.]
June 25, 2018 Case electronically transferred to the United States District Court for the Western District of Wisconsin. (ddm) [Transferred from Georgia Northern on 2/6/2019.]
June 22, 2018 Civil Case Terminated. (ddm) [Transferred from Georgia Northern on 2/6/2019.]
June 22, 2018 Opinion or Order Filing 14 OPINION AND ORDER directing that the cases identified on Exhibit A, attached to this Order, be transferred out of this MDL and remanded to the United States District Courts in which they were originally filed and from which they were transferred to the Court. The Clerk is directed to transfer the cases listed in Exhibit A to their respective District Courts. It is further ordered that the Clerk is directed to administratively close all cases listed in Exhibit B. Signed by Judge William S. Duffey, Jr. on 6/22/18. (ddm) [Transferred from Georgia Northern on 2/6/2019.]
December 20, 2016 Opinion or Order Filing 13 QUALIFIED PROTECTIVE ORDER AS TO MEDICAID, OTHER GOVERNMENTAL HEALTHCARE PROGRAMS AND PRIVATE HEALTH INSURANCE PLANS (See Order for specifics) Signed by Judge William S. Duffey, Jr on 12/20/2016. Associated Cases: 1:12-md-02329-WSD et al.(rjs) [Transferred from Georgia Northern on 2/6/2019.]
December 20, 2016 Opinion or Order Filing 12 QUALIFIED PROTECTIVE ORDER AS TO MEDICARE SECONDARY PAYER granting the 1791 Motion for Protective Order in case 1:12-md-02329-WSD. (See Order for specifics) Signed by Judge William S. Duffey, Jr on 12/20/2016. Associated Cases: 1:12-md-02329-WSD et al.(rjs) [Transferred from Georgia Northern on 2/6/2019.]
November 3, 2016 Filing 11 MOTION to Substitute Attorney Stuart C. Talley of Kershaw Cook & Talley PCby Dennis Abts. (Talley, Stuart) [Transferred from Georgia Northern on 2/6/2019.]
December 23, 2014 Opinion or Order Filing 10 SCHEDULING ORDER: BELLWETHER TRIAL PROGRAM - The Bellwether Program set March 9, 2015, as the trial date for the first Bellwether trial in this MDL. The Pretrial Conference for the trial is set for February 26, 2015. In anticipation of this trial and upon consideration of the scope of these proceedings, the Court sets the following scheduling order for pretrial motions and the consolidated pretrial order. January 9, 2015: Dispositive motions due. January 27, 2015: Response to dispositive motions due. Reply briefs due. (Motions submitted to the Court) January 15, 2015: Daubert Motions due. January 30, 2015: Responses to Daubert motions due. February 10, 2015: Reply briefs due. January 30, 2015: Motions in limine due. February 13, 2015: Responses to motions in limine due. February 20, 2015: Reply briefs and Consolidated Pretrial Order due. February 26, 2015: Pre-trial conference. Signed by Judge William S. Duffey, Jr on 12/22/2014. Associated Cases: 1:12-md-02329-WSD et al.(anc) [Transferred from Georgia Northern on 2/6/2019.]
December 4, 2014 Filing 9 NOTICE of Appearance of Sharon L. Caffrey by Wright Medical Group, Inc. and Wright Medical Technology Inc. (Attachments: #1 Letter, #2 Notice of Manual Filing)Associated Cases: 1:12-md-02329-WSD et al.(anc) Modified on 12/5/2014 in order to update represented parties (anc). [Transferred from Georgia Northern on 2/6/2019.]
August 19, 2014 Opinion or Order Filing 8 SCHEDULING ORDER: BELLWETHER TRIAL PROGRAM - Trial Date (1st Bellwether Trial): March 9, 2015, Pre-Trial Conference: February 26, 2015. The Bellwether Trial Pool Nominees will consist of the ten (10) cases previously identified and developed for mediation in this consolidated action. The parties were ordered by the Court to identify, ten (10) MDL plaintiffs based on various design configurations and failure modes. After inventory and review of the filed MDL cases, the parties identified the most common types of device configurations and injury/failure modes. Both parties each selected one case per ten (10) categories, and ultimately selected the ten (10) CONSERVE cases that became part of the Mediation. Those 10 cases include: Plaintiff Terry Borg AZ, 1:13-cv-01565-WSD, Plaintiff Betty Hall GA, 1:13-cv-OO1 65-WSD, Plaintiff Michael Glassco CO, 1:13-cv-01354-WSD, Plaintiff Kaylene Smith GA, 1:12-cv-02992-WSD, Plaintiff Robyn Christiansen UT, 1:13-cv-00297-WSD, Plaintiff Dorothea Dolly McCormick UT, 1:13-cv-02390-WSD, Plaintiff George Fry GA, 1:13-cv-03639-WSD, Plaintiff William Kenneth Duvall GA, 1:13-cv-02389-WSD, Plaintiff Valerie Hasely CA, 1:13-CV-3587-WSD, and Plaintiff Norma Sanders OR, 1: 14-cv-00175-WSD. See order for additional information regarding these cases. DEADLINES: September 16, 2014: With regard to the Bellwether Pool Nominees, Defendants shall notify this Court and Co-Lead Counsel whether or not they waive their right, as applicable, to venue or to have non-Georgia cases remanded to transferor courts for trial (the Lexecon issue). September 30, 2014: Parties to agree on the two Bellwether eases to proceed to trial and the order in which the two eases will proceed to trial and submit selected cases and order to the Court. In the event the parties cannot reach an agreement on case selection and/or trial order by this date, the parties will notify the Court and request its guidance. October 3, 2014: Full fact discovery on the first Bellwether Trial Plaintiff reopens. October 3, 2014: Last day for Bellwether Trial Plaintiffs to amend their complaints. Wright Medical's response shall be due 14 days after filing of an Amended Complaint. October 7, 2014: The parties shall submit a schedule for anticipated motions and briefing of legal issues for the first Bellwether trial. (This shall include scheduling for dispositive, Daubert and limine motions and the briefing and hearings associated therewith.) October 7, 2014 Plaintiff to provide witness and exhibit lists for the first Bellwether trial. November 4, 2014 Defendants to provide witness and exhibit lists for the first Bellwether trial. Witness, as referred to in the above-two deadlines, shall include factual witnesses as well as experts, identified by area of expertise (deadline for identifying experts by name is separate). No witness or exhibit may be added without leave of Court after January 23, 2014. Counsel are cautioned that, in creating witness and exhibit lists, good faith is expected at all times. November 7, 2014: Expert-Related Deadlines for the First Bellwether Trial Begin. February 20, 2015: Discovery (fact and expert) of the first Bellwether Trial Deadline, February 26, 2015: Pre-trial conference, March 9, 2015: Trial of the first Bellwether case. SEE ORDER FOR ADDITIONAL INFORMATION. Signed by Judge William S. Duffey, Jr on 8/19/2014. Associated Cases: 1:12-md-02329-WSD et al.(anc) Modified on 8/20/2014 in order to update docket text (anc). [Transferred from Georgia Northern on 2/6/2019.]
February 25, 2013 Filing 7 NOTICE by Dennis Abts re #6 Notice (Other) of Service of Plaintiff's First Amended Preliminary Disclosure Form (Talley, Stuart) [Transferred from Georgia Northern on 2/6/2019.]
February 7, 2013 Filing 6 NOTICE by Dennis Abts of Service of Preliminary Disclosure Form (Talley, Stuart) [Transferred from Georgia Northern on 2/6/2019.]
January 31, 2013 Filing 5 SHORT FORM ANSWER to #1 COMPLAINT with Jury Demand of Dennis Abts by Wright Medical Group Inc, Wright Medical Technology Incorporated. Discovery ends on 7/1/2013.(Ash, Dana) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 2/6/2019.]
January 16, 2013 Filing 4 Return of Service Executed by Dennis Abts. Wright Medical Technology Incorporated served on 1/15/2013, answer due 2/5/2013. (Talley, Stuart) [Transferred from Georgia Northern on 2/6/2019.]
January 16, 2013 Filing 3 Return of Service Executed by Dennis Abts. Wright Medical Group Inc served on 1/10/2013, answer due 1/31/2013. (Talley, Stuart) [Transferred from Georgia Northern on 2/6/2019.]
January 8, 2013 Filing 2 Summons Issued as to Wright Medical Group Inc, Wright Medical Technology Incorporated. (Attachments: #1 Wright Medical Group)(kt) [Transferred from Georgia Northern on 2/6/2019.]
January 8, 2013 Filing 1 ABBREVIATED SHORT FORM COMPLAINT with Jury Demand filed by Dennis Abts. (Filing fee $ 350 receipt number 52285.) (Attachments: #1 Civil Cover Sheet)(kt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 2/6/2019.]

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Plaintiff: Dennis Abts
Represented By: Stuart C. Talley
Represented By: Jay A. Urban
Represented By: Stuart C Talley
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Defendant: Wright Medical Group, Inc.
Represented By: Sean K Burke
Represented By: Sharon L. Caffrey
Represented By: Dana Jeffrey Ash
Represented By: Ryan John O'Neil
Represented By: Dana J. Ash
Represented By: Kendall W. Harrison
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Defendant: Wright Medical Technology Incorporated
Represented By: Sean K Burke
Represented By: Sharon L. Caffrey
Represented By: Dana Jeffrey Ash
Represented By: Ryan John O'Neil
Represented By: Dana J. Ash
Represented By: Kendall W. Harrison
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