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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 09/21/16)

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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-03484 Andrews et al v. DePuy Orthopaedics Inc et al

3:12-cv-02066 | 3:13-cv-03631 | 3:13-cv-03938 | 3:14-cv-01730 | 3:15-cv-01767

 

 

Andrews et al v. DePuy Orthopaedics Inc et al
3:15-cv-03484-K

Date Filed Doc. # Type of Order
06/10/16 6 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 7 SCHEDULING ORDER: This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb)
09/20/16 81

ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION:The Court finds that Plaintiffs have met their burden to establish specific personal jurisdiction over Defendants. (Ordered by Judge Ed Kinkeade on 9/20/2016) (twd) (Entered: 09/20/2016)

09/20/16 82

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINTS. (Ordered by Judge Ed Kinkeade on 9/20/2016) (twd) . Modified on 9/20/2016 (ctf). (Entered: 09/20/2016)

09/20/16 83

ORDER GRANTING PLAINTIFFS' MOTION TO ALLOW LIVE TESTIMONY VIA CONTEMPORANEOUS TRANSMISSION: The Parties are further ORDERED to present a joint proposed case management order to the Special Master, within three days of entry of this order, providing guidelines for the protocol to be used in generating contemporaneous transmission. (Ordered by Judge Ed Kinkeade on 9/20/2016) (twd) (Entered: 09/20/2016)

09/20/16 84

ORDER CONSOLIDATING BELLWETHER CASES FOR TRIAL - The Andrews (3:15-cv-03484-K), Davis (3:15-cv-01767-K), Metzler (3:12-cv-02066-K), Rodriguez (3:13-cv-03938-K), Standerfer (3:14-cv-01730-K), and Weiser (3:13-cv-03631-K) matters are consolidation for trial pursuant to Rule 42 of the Federal Rules of Civil Procedure. (Ordered by Judge Ed Kinkeade on 9/20/2016) (chmb) (Entered: 09/20/2016)

09/20/16 85

ORDER DENYING PLAINTIFFS' MOTION TO ALLOW FOR THE VIDEO RECORDING OF TRIAL TESTIMONY: The Court holds that Plaintiffs fail to show good cause for the Court to allow for the recording of testimony despite Local Rule 83.18's prohibition of video recording of trial. (Ordered by Judge Ed Kinkeade on 9/20/2016) (twd) (Entered: 09/20/2016)

09/21/16 88

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Jury Selection held on 9/21/2016. 1st Day of Jury Trial Held on 9/21/2016. 9 Jurors Selected, Seated, and Sworn. Trial to continue with opening statements on Monday October 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:23. (chmb)

10/03/16 157

ORDER DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT. (Ordered by Judge Ed Kinkeade on 10/3/2016) (bdb) (Entered: 10/03/2016)

10/03/16 164

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 10/3/2016) (bdb) (Entered: 10/03/2016)

10/03/16 170

ORDER - Before the Court is Defendants' Motion for Reconsideration of Consolidation Order. After considering the Motion [Andrews, 3:15-cv-03484-K, Doc. 117, Davis, 3:15-cv-01767-K, Doc. 107, Metzler, 3:12-cv-02066-K, Doc. 103, Rodriguez, 3:13-cv-03938-K, Doc. 102, Standerfer, 3:14-cv-01730-K, Doc. 100, and Weiser, 3:13-cv-03631-K, Doc. 100], the Court finds that Defendants present the same legal arguments opposing consolidation presented to the Court before the second bellwether trial.Defendants' Motion is DENIED. (Ordered by Judge Ed Kinkeade on 10/3/2016) (chmb) (Entered: 10/03/2016)

10/03/16 171

ORDER - Before the Court is Defendants' Motion for Reconsideration of Order Granting Plaintiffs' Motion to Allow Live Testimony via Contemporaneous Transmission. After considering the Motion [Andrews, 3:15-cv-03484-K, Doc. 137, Davis, 3:15-cv-01767-K, Doc. 133, Metzler, 3:12-cv-02066-K, Doc. 129, Rodriguez, 3:13-cv-03938-K, Doc. 128, Standerfer, 3:14-cv-01730-K, Doc. 126, and Weiser, 3:13-cv-03631-K, Doc. 126], the Court finds that the Defendants advance the same legal arguments contained in their original motion. Defendants' Motion is DENIED.(Ordered by Judge Ed Kinkeade on 10/3/2016) (chmb) (Entered: 10/03/2016)

10/03/16 172

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday, October 3, 2016. Albert Burstein, Ph.d. called as Plaintiffs' First witness. Trial to continue on Tuesday October 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:56. (chmb) (chmb)

10/04/16 173

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday, October 4, 2016. Counsel conclude examination of Albert Burstein, Ph.D. Trial to continue on Wednesday October 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:58. (chmb) (Entered: 10/04/2016)

10/05/16 176

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday, October 5, 2016. Andrew Ekdahl, called as Plaintiffs' Second witness. Trial to continue on Tuesday, October 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 6:02. (chmb) (Entered: 10/05/2016)

10/11/16 182

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Tuesday, October 11, 2016. Counsel conclude examination of Andrew Ekdahl. Trial to continue on Wednesday, October 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:27. (chmb)

10/12/16 187

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Wednesday, October 12, 2016. Antoni Nargol, called as Plaintiffs' Third witness. Trial to continue on Thursday, October 13, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:28. (chmb) (Entered: 10/12/2016)

10/13/16 188

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Thursday, October 13, 2016. Counsel conclude examination of Antoni Nargol. Trial to continue on Monday, October 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 3:48. (chmb) (Entered: 10/13/2016) (Entered: 10/13/2016)

10/17/16 189

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Monday, October 17, 2016. Dr. Pam Plouhar, Ph.D., called as Plaintiffs' Fourth witness. Plaintiffs' pass the witness. Trial to continue on Tuesday, October 18, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:54. (chmb) (Entered: 10/17/2016)

10/18/16 191

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Tuesday, October 18, 2016. Dr. Thomas Schmalzried, M.D., called as Plaintiffs' Fifth witness. Plaintiffs' pass the witness. Jury Trial to continue on Wednesday, October 19, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:01. (chmb) (Entered: 10/18/2016)  

10/19/16 192

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Wednesday, October 19, 2016. Counsel resume examination of Dr. Thomas Schmalzried, M.D. Further examination of Dr. Thomas Schmalzried, M.D., to resume at a later date. Dr. Bernard Morrey, M.D., called as Plaintiffs' Sixth witness. Jury Trial to continue on Thursday, October 20, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Ernest Cannon. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:05. (chmb) (Entered: 10/19/2016)

10/20/16 193

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Thursday, October 20, 2016. Counsel resume examination of Dr. Bernard Morrey, M.D. Further examination of Dr. Bernard Morrey, M.D., to resume at a later date. Counsel resume examination of Dr. Pam Plouhar, Ph.D. Jury Trial to continue on Monday, October 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Ernest Cannon. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:52. (chmb) (Entered: 10/20/2016)

10/24/16 199

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Monday, October 24, 2016. Counsel resume examination of Dr. Pam Plouhar, Ph.D. Jury Trial to continue on Tuesday, October 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:32. (chmb)

10/25/16 200

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Tuesday, October 25, 2016. Counsel conclude examination of Dr. Pam Plouhar, Ph.D. Jury Trial to continue on Wednesday, October 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 4:42. (chmb)

10/26/16 205

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Wednesday, October 26, 2016. Dr. Daniel W. Woods, M.D., called as Plaintiffs' Seventh witness by video deposition. Video deposition of Dr. Daniel W. Woods, M.D., concluded. Dr. Bobby Tay, M.D., called as Plaintiffs' Eighth witness by video deposition. Video deposition of Dr. Bobby Tay, M.D., concluded. Jury Trial to continue on Thursday, October 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:12. (chmb)

10/27/16 206

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Thursday, October 27, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' Ninth Witness. Counsel conclude examination of Dr. Nicholas A. Athanasou. Dr. James M. Hartford, M.D., called as Plaintiffs' Tenth witness by video deposition. Counsel conclude examination of Dr. James M. Hartford, M.D. Jury Trial to continue on Friday, October 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:31. (chmb)

10/28/16 211

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Friday, October 28, 2016. Dr. Alfred Kuo, M.D., called as Plaintiffs' Eleventh witness by video deposition. Counsel conclude examination of Dr. Alfred Kuo, M.D. Dr. Alexander Miric, M.D., called as Plaintiffs' Twelfth witness by video deposition. Jury Trial to continue on Monday, October 31, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:37. (chmb)

10/31/16 216

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Monday, October 31, 2016. Counsel conclude examination of Dr. Alexander Miric, M.D. Marvin Andrews called as Plaintiffs' Thirteenth witness. Counsel conclude examination of Marvin Andrews. Elizabeth Andrews called as Plaintiffs' Fourteenth witness. Counsel conclude examination of Elizabeth Andrews. Kathleen Davis called as Plaintiffs' Fifteenth witness. Jury Trial to continue on Tuesday, November 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:52. (chmb)

11/1/16 217

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Tuesday, November 1, 2016. Counsel conclude examination of Kathleen Davis. Pete Davis called as Plaintiffs' Sixteenth witness. Counsel conclude examination of Pete Davis. Rosa Metzler called as Plaintiffs' Seventeenth witness. Counsel conclude examination of Rosa Metzler. Volkmar Metzler called as Plaintiffs' Eighteenth witness. Counsel conclude examination of Volkmar Metzler. Judith Rodriguez called as Plaintiffs' Nineteenth witness. Counsel conclude examination of Judith Rodriguez. Linda Standerfer called a Plaintiffs' Twentieth witness. Counsel conclude examination of Linda Standerfer. Michael Weiser called as Plaintiffs' Twenty-First witness. Counsel conclude examination of Michael Weiser. Randi Weiser called as Plaintiffs' Twenty-Second witness. Counsel conclude examination of Randi Weiser. Jury Trial to continue on Wednesday, November 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 4:50. (chmb)

11/02/16 218

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Wednesday, November 2, 2016. Dr. Kevin Howe, M.D., called as Plaintiffs' Twenty-Third witness. Counsel conclude examination of Dr. Kevin Howe, M.D. Jury Trial to continue on Thursday, November 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 4:54. (chmb)

11/03/16 220

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Thursday, November 3, 2016. Leanne Turner called as Defendants' First witness. Jury Trial to continue on Monday, November 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:53. (chmb) (Entered: 11/03/2016)

11/05/16 224

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, November 7, 2016. Dr. Herbert Huddleston, M.D., called as Plaintiffs' Twenty-Fourth witness. Counsel conclude examination of Dr. Herbert Huddleston, M.D. Counsel conclude examination of Leanne Turner. Jury Trial to continue on Tuesday, November 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:25. (chmb)  

11/08/16 227

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, November 8, 2016. Dr. John Fisher, Ph.D., called as Defendants' Second witness. Jury Trial to continue on Wednesday, November 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Khaldoun Baghdadi. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:46. (chmb)

11/09/16 229

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Wednesday, November 9, 2016. Counsel resume examination of Dr. Bernard Morrey, M.D. Jury Trial to continue on Thursday, November 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Ernest Cannon. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:24. (chmb)

11/10/16 231

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Thursday, November 10, 2016. Counsel conclude examination of Dr. Bernard Morrey, M.D. Jury Trial to continue on Monday, November 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, Laura Fitzpatrick and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:16.

11/14/16 236

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Monday, November 14, 2016. Counsel conclude examination of Dr. John Fisher, Ph.D. Dr. Richard F. Clark, Jr., M.D., called as Defendants' Third witness. Counsel conclude examination of Dr. Richard F. Clark, Jr., M.D. Jury Trial to continue on Wednesday, November 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, Khaldoun Baghdadi, Laura Fitzpatrick, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:31. (chmb)

11/16/16 237

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, November 16, 2016. Tony A. Cutshall, called as Defendants' Fourth witness. Jury Trial to continue on Thursday, November 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, Khaldoun Baghdadi, Laura Fitzpatrick, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:37. (chmb)

11/17/16 244

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Thursday, November 17, 2016. Counsel conclude examination of Tony A. Cutshall. Dr. Patricia A. Campbell, Ph.D., called as Defendants' Fifth witness. Jury Trial to continue on Friday, November 18, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, Khaldoun Baghdadi, Laura Fitzpatrick, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:05. (chmb)

11/18/16 245 ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Friday, November 18, 2016. Counsel conclude examination of Dr. Patricia A. Campbell, Ph.D. Timothy A. Ulatowski, M.S., called as Defendants' Sixth witness. Jury Trial to continue on Monday, November 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jane Conroy, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:57. (chmb)
11/28/16 257

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Monday, November 28, 2016. Counsel conclude examination of Timothy A. Ulatowski, M.S. Dr. Mary Beth Schmidt, Ph.D., called as Defendants' Seventh witness. Counsel conclude examination of Dr. Mary Beth Schmidt, Ph.D. Jury Trial to continue on Tuesday, November 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jayne Conroy, Khaldoun Baghdadi, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 4:37. (chmb)

11/29/16 265

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Tuesday, November 29, 2016. Dr. Roger Emerson, M.D., called as Defendants' Eighth witness. Counsel conclude examination of Dr. Roger Emerson, M.D. Jury Trial to continue on Wednesday, November 30, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jayne Conroy, Khaldoun Baghdadi, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:27. (chmb)

11/30/16 284

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Wednesday, November 30, 2016. Plaintiffs Rest and Close. Defendants Rest and Close. The Court DENIES Defendants' Motions for Mistrial. The Court DENIES Defendants' Rule 50 Motions for Judgment as a Matter of Law. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Thursday, December 1, 2016 at 8:30 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jayne Conroy, Khaldoun Baghdadi, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:13. (chmb)

12/01/16 287

Court's Charge to the Jury and Jury Verdict. (twd)

12/01/16 289

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Thursday, December 1, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, Jayne Conroy, Khaldoun Baghdadi, and Leah Holder. Defense - Steve Quattlebaum, John Anderson, Dawn Estes, John Tull, Kyle Siegel and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court -.45. (chmb)

 

 

 

 

Metzler v. DePuy Orthopaedics, Inc. et al
3:12-cv-02066-K

Date Filed Doc. # Type of Order
06/10/16 10 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 11 SCHEDULING ORDER: This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb)

***All future updates regarding trial from the date of 9/20/16, will be posted above, under case 3:15-cv-03484-K (Andrews et al v. DePuy Orthopaedics Inc et al )***

 

 

Weiser v. DePuy Orthopaedics, Inc. et al
3:13-cv-03631-K

Date Filed Doc. # Type of Order
06/10/16 9 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 10 SCHEDULING ORDER: This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb)
***All future updates regarding trial from the date of 9/20/16, will be posted above, under case 3:15-cv-03484-K (Andrews et al v. DePuy Orthopaedics Inc et al )***

 

 

Rodriguez v. DePuy Orthopaedics, Inc. et al
3:13-cv-03938-K

Date Filed Doc. # Type of Order
06/10/16 5 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 6 SCHEDULING ORDER: Jury Trial set for 9This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb)
***All future updates regarding trial from the date of 9/20/16, will be posted above, under case 3:15-cv-03484-K (Andrews et al v. DePuy Orthopaedics Inc et al )***

 

 

Standerfer v. DePuy Orthopaedics Inc et al
3:14-cv-01730-K

Date Filed Doc. # Type of Order
06/10/16 7 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 8 SCHEDULING ORDER: This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb) (chmb)
***All future updates regarding trial from the date of 9/20/16, will be posted above, under case 3:15-cv-03484-K (Andrews et al v. DePuy Orthopaedics Inc et al )***

 

Davis et al v. DePuy Orthopaedics Inc et al
3:15-cv-01767-K

Date Filed Doc. # Type of Order
06/10/16 8 ORDER ON BELLWETHER TRIALS - After considering the submissions of the parties and conducting its own review of potential bellwether selections, the Court has selected the following cases to be prepared for jury trial beginning September 6, 2016. Pursuant to Agreed Order Staying Cases Pending Bellwether Trials [Dkt. No. 348], all cases in the MDL shall remain STAYED pending further Order of the Court following completion of the bellwether trials or for good cause shown. The stay does not apply to any jurisdictional motions and nothing in this Order shall relieve the parties from complying with the requirements of the Case Management Orders entered in MDL Docket No. 3:11-MD-2244-K. The Special Master is ORDERED to coordinate with the parties and facilitate filing and management of pretrial matters including, but not limited to, the following: (1) a scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 6/10/2016) (chmb)
07/15/16 9 SCHEDULING ORDER: This case will be ready for jury trial on September 26, 2016, with jury selection commencing on September 19, 2016. Plaintiffs shall amend their pleadings by July 22, 2016; Defendants shall amend their pleadings by July 29, 2016. Plaintiffs shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by July 29, 2016; the depositions of Plaintiffs' experts shall be conducted between August 8, 2016, and August 19, 2016. Defendants shall provide expert designations, materials, and reports required by the Federal Rules of Civil Procedure by August 12, 2016; the depositions of Defendants' experts shall be conducted between August 22, 2016, and September 2, 2016. All discovery shall be completed by September 2, 2016. All dispositive motions or Daubert motions shall be filed by September 2, 2016; and, any response to the motions shall be filed by September 9, 2016. Any motion seeking to limit the testimony of any witness at trial for any reason shall be filed by September 9, 2016. The Special Master is ORDERED to coordinate with the parties regarding filing and management of pretrial matters including, but not limited to, the following: (1) any amendment to this scheduling order; (2) motions in limine; (3) designation of testimony for witnesses testifying by deposition; (4) trial exhibits; and (5) setting a formal pretrial conference with the Court in advance of trial. Review of the Special Master's rulings shall be governed by the Order Appointing Special Master [Dkt. 81]. (Ordered by Judge Ed Kinkeade on 7/15/2016) (chmb)
***All future updates regarding trial from the date of 9/20/16, will be posted above, under case 3:15-cv-03484-K (Andrews et al v. DePuy Orthopaedics Inc et al )***