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UNITED STATES DISTRICT COURT

Northern District of Texas

Barbara M.G. Lynn, Chief Judge
Karen Mitchell, Clerk of Court

MDL 2244 (Jury Trial 09/18/17)

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The following cases are related to:

DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation
3:11-md-02244-K

Nature of Suit: 365 Personal Inj. Prod. Liability
Assigned to: Judge Ed Kinkeade
Chambers Contact Number: Ronnie Jacobson 214-753-2166

 

3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al

3:12-cv-04647 | 3:13-cv-04119 | 3:14-cv-01776 | 3:14-cv-02341 | 3:14-cv-02750 | 3:16-cv-01245 | 3:16-cv-01526

 

Alicea et al v. DePuy Orthopaedics Inc et al
3:15-cv-03489-K

Date Filed Doc. # Type of Order
11/08/16 6

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 77 ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)
09/18/17 85

Special Master's Report Regarding Pretrial Matters for the Fourth Bellwether Trial (Signed by James M. Stanton, Court-Appointed Special Master)

09/18/17 86

ORDER - Granting in part and denying in part Defendants' Motions to Exclude Expert Testimony. See Order for Specifics. (Ordered by Judge Ed Kinkeade on 9/18/2017)

09/18/17 87

ORDER: The Court DENIES WITHOUT PREJUDICE Defendants' Motion to Strike Andrew White from Plaintiffs Witness List and For a Protective Order until Plaintiffs notify Defendants and the Court that they intend to call Mr. White as a witness at trial. The Court DENIES AS MOOT Defendants' Motion to Strike Unidentified Rule 30(b)(6) Witnesses from Plaintiffs Witness List because Plaintiffs voluntarily withdrew the representatives listed as No.'s 11 and 13 from their witness list. The Court DENIES Plaintiffs Motion to Strike Defendants' Late and Untimely Designated Experts. (Ordered by Judge Ed Kinkeade on 9/18/2017)

09/18/17 88

ORDER re: Defendants' Motion for Summary Judgment as to all Claims Relying on aTheory That DePuy Should Have Sought Premarket Approval or That all Metalon-Metal Implants are Defective [Heroth Doc. [31]; Miura Doc. [36]; Stevens Doc.[31]; Stevens Doc. [31]; Bounaiuto Doc. [33]; Alicea Doc. [32]; Barzel Doc. [34]; Kirschner Doc. [29]]; Defendants Motion for Summary Judgment as to Plaintiffs Claims Based on a Theory of Manufacturing Defect [Heroth Doc. [32]; Miura Doc. [37]; Stevens Doc. [32]; Stevens Doc. [32]; Bounaiuto Doc. [34]; Alicea Doc. [33]; Barzel Doc. [35]; Kirschner Doc. [30]]; Defendants' Motion for Partial Summary Judgment as to Plaintiffs' Express Warranty Claims [Heroth Doc. [33]; Miura Doc. [38]; Stevens Doc. [33]; Stevens Doc. [33]; Bounaiuto Doc. [35]; Alicea Doc. [34]; Barzel Doc. [36]; Kirschner Doc. [31]]; Defendants' Motion for Summary Judgment as to Plaintiffs' Design-Defect Claims [Heroth Doc. [34]; Miura Doc. [39]; Stevens Doc. [34]; Stevens Doc. [34]; Bounaiuto Doc. [36]; Alicea Doc. [35]; Barzel Doc. [37]; Kirschner Doc. [32]]; Johnson & Johnson's Motion for Summary Judgment [Heroth Doc. [36]; Miura Doc. [41]; Stevens Doc. [36]; Stevens Doc. [36]; Bounaiuto Doc. [38]; Alicea Doc. [37];Barzel Doc. [39]; Kirschner Doc. [34]]. The Court DENIES the motions. (Ordered by Judge Ed Kinkeade on 9/18/2017)

09/18/17 89

ORDER re: Defendants' Motion for Determination of Choice of Law and Defendants' Motion for Summary Judgment on Plaintiffs' Punitive Damages Claims [Heroth Doc. 35; Miura Doc. 40; Stevens Doc. 35; Stevens Doc. 35; Bounaiuto Doc. 37; Alicea Doc. 36; Barzel Doc. 38; Kirschner Doc. 33]. The Court DENIES the motion for a determination of choice of law WITHOUT PREJUDICE to being re-urged and accordingly DENIES Defendants' motion for summary judgment on Plaintiffs' punitive damages claims. (Ordered by Judge Ed Kinkeade on 9/18/2017)

09/1817 90

ORDER CONSOLIDATING BELLWETHER CASES FOR TRIAL: The Alicea (3:15-cv-03489-K), Barzel (3:16-cv-01245-K), Kirschner (3:16-cv-01526-K), Miura (3:13-cv-04119-K), Stevens (3:14-cv-01776-K), and Stevens (3:14-cv-02341-K) matters are consolidated for trial pursuant to Rule 42 of the Federal Rules of Civil Procedure. (Ordered by Judge Ed Kinkeade on 9/18/2017)

09/18/17 91

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Pretrial Conference held on 9/18/2017. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy; Defense - Steve Quattlebaum, Tracie Renfroe, Steve Harburg, John Tull and Bruce Hurley. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - :54.

09/18/17 92

ORDER Before the Court are Plaintiffs' Motion in Limine [Miura Doc. 65; Stevens Doc. 58; Stevens Doc. 58; Alicea Doc. 62; Barzel Doc. 61; Kirschner Doc. 56] and Defendants' Omnibus Motion in Limine [Miura Doc. 73; Stevens Doc. 66; Stevens Doc. 66; Alicea Doc. 67; Barzel Doc. 69; Kirschner Doc. 64]. The motions are GRANTED in part and DENIED in part. (Ordered by Judge Ed Kinkeade on 9/19/2017)

09/19/17 95

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 1st Day of Jury Trial Held on 9/19/2017. Jury Selection to continue on Wednesday, September 20, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:43.

09/20/17 98

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Wednesday, September 20, 2017. Jury Selection continued. 9 Jurors Selected, Seated and Sworn. Opening Statements held. Dr. Albert Burstein, Ph.D. called as Plaintiffs' First witness. Jury Trial to continue on Thursday, September 21, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Wayne Fisher. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Andrew White. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:58.

09/21/17 101

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Thursday, September 21, 2017. Counsel resume examination of Dr. Albert Burstein Ph.D. Jury Trial to continue on Monday, September 25, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 1:32.

09/25/17 103

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Monday, September 25, 2017. Defendants' Motion and Memorandum in Support of Motion to Quash Subpoena Served on Pam Plouhar, filed on September 19, 2017, is DENIED as stated on the record. Dr, Pam Plouhar, Ph.D., called as Plaintiffs' Second witness. Jury Trial to continue on Tuesday, September 26, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Leah Holder. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:04.

09/26/17 106

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Tuesday, September 26, 2017. Counsel continue examination of Dr. Pam Plouhar, Ph.D. Jury Trial to continue on Wednesday, September 27, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Leah Holder. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:29.

09/28/17 113

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Thursday, September 28, 2017. Mr. Antoni Nargol called as Plaintiffs' Third witness. Jury Trial to continue on Monday, October 2, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Jayne Conroy and, Richard Arsenault. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 2:09.

10/02/17 118

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Monday, October 2, 2017. Defendants' Motion and Memorandum in Support of Motion to Quash Subpoena Served on Andrew Ekdahl, filed on September 26, 2017, is DENIED as stated on the record. Andrew Ekdahl called as Plaintiffs' Fourth witness. Jury Trial to continue on Tuesday, October 3, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:44. (chmb)

10/03/17 126

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Tuesday, October 3, 2017. Counsel continue examination of Andrew Ekdahl. Jury Trial to continue on Wednesday, October 4, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:36.

10/04/17 132

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Wednesday, October 4, 2017. Counsel continue examination of Andrew Ekdahl. Jury Trial to continue on Tuesday, October 10, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Leah Holder, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Dennis Stolle, and Ryan Younger. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:42

10/10/17 138

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Tuesday, October 10, 2017. Defendant's Motion to Quash and Memorandum in Support of Motion to Quash Subpoena Served on Nonparty Dr. Thomas P. Schmalzried, M.D., filed on September 29, 2017, is DENIED as stated on the record. Dr. Thomas P. Schmalzried, M.D., called as Plaintiffs' Fifth witness. Jury Trial to continue on Wednesday, October 11, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Dennis Stolle, and Amber Davis-Tanner. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:51. (chmb)

10/11/17 140

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Wednesday, October 11, 2017. Counsel conclude examination of Dr. Thomas P. Schmalzried, M.D. Dr. Bernard Morrey, M.D., called as Plaintiffs' Sixth witness. Jury Trial to continue on Monday, October 16, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Ernest Cannon, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Dennis Stolle, Ryan Younger and Amber Davis-Tanner. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:02 (chmb)

 

 

Heroth et al v. Johnson & Johnson Services, Inc. et al
3:12-cv-04647-K

Date Filed Doc. # Type of Order
11/08/16 5

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 79

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Miura v. DePuy Orthopaedics Inc et al
3:13-cv-04119-K

Date Filed Doc. # Type of Order
11/08/16 9

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 83

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Stevens et al v. DePuy Orthopaedics Inc et al
3:14-cv-01776-K

Date Filed Doc. # Type of Order
11/08/16 6

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 76

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Stevens et al v. DePuy Orthopaedics Inc et al
3:14-cv-02341-K

Date Filed Doc. # Type of Order
11/08/16 6

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 76

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Buonaiuto et al v. DePuy Orthopaedics Inc et al
3:14-cv-02750-K

Date Filed Doc. # Type of Order
11/08/16 7

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 78

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Barzel et al v. DePuy Orthopaedics Inc et al
3:16-cv-01245-K

Date Filed Doc. # Type of Order
11/08/16 7

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

0901/17 79

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.

 

 

Kirschner v. DePuy Orthopaedics Inc et al
3:16-cv-01526-K

Date Filed Doc. # Type of Order
11/08/16 4

SCHEDULING ORDER: This case will be ready for jury trial on 9/5/2017 before Judge Ed Kinkeade. Plaintiffs' Amended Pleadings due by 2/3/2017; Defendants' Amended Pleadings due by 2/17/2017. Discovery due by 6/9/2017. Dispositive Motions due by 6/30/2017. Response to the Motions due by 7/14/2017. (Ordered by Judge Ed Kinkeade on 11/8/2016) (twd)

09/01/17 74

ORDER: Having received the August 31, 2017, panel decision of the United States Fifth Circuit Court of Appeals in Cause No. 17-10812 and being advised that a petition for rehearing en banc is filed for consideration in that Court, the September 5, 2017, trial setting is continued on the Court's own motion until September 18, 2017, in deference to the Fifth Circuit. (Ordered by Judge Ed Kinkeade on 9/1/2017) (chmb) (Entered: 09/01/2017)

See 3:15-cv-03489 Alicea et al v. DePuy Orthopaedics Inc et al., for future trial related filings.