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UNITED STATES DISTRICT COURT

Northern District of Texas

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

MDL 3:11-md-02244

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Trial Date Case Numbers
First trial began on 09/02/14 (click here for case information) 3:12-cv-04975
Second trial began on 01/08/16 (click here for case information) 3:11-cv-1941 | 3:11-cv-2800 | 3:12-cv-1672 | 3:13-cv-1071 | 3:14-cv-1994
Third trial began on 09/21/16 (click here for case information) 3:12-cv-2066 | 3:13-cv-03631 | 3:13-cv-03938 | 3:14-cv-01730 | 3:15-cv-01767 | 3:15-cv-03484
Fourth trial to begin on 09/18/17 (click here for case information) 3:12-cv-04647 | 3:13-cv-04119 | 3:14-cv-01776 | 3:14-cv-02341 | 3:14-cv-02750 | 3:15-cv-03489 | 3:16-cv-01245 | 3:16-cv-01526

 

3:11-cv-2460 | 3:11-cv-03590 | 3:11-cv-3594 | 3:12-cv-0641 | 3:12-cv-2557 | 3:12-cv-02695 | 3:12-cv-3074 | 3:12-cv-4354 | 3:13-cv-002443:13-cv-01027 | 3:13-cv-035183:13-cv-03804

 

IN RE: 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
 

Date Filed
Doc. #
Type of Order
05/24/11
MDL Transfer Order
06/29/11
Case Management Order No. 1
08/10/11
Case Management Order No. 2
01/09/12
Case Management Order No. 3 [See Doc. 254 for FIRST AMENDED CMO No 3.]
01/09/12
Order Appointing Special Master
01/10/12
Order lifting stay
04/05/12
Order Setting Conference
04/06/12
113

"NOTICE FROM THE SPECIAL MASTER:

On April 6, 2012, the Court directed the parties to confer with the Special Master in preparation for the April 25, 2012, Conference on Scheduling. Plaintiffs shall coordinate their conference with the Special Master through the Court-appointed Plaintiff's Executive Committee. The Special Master is also arranging for parties to listen to the April 25, 2012, proceedings via telephone. Telephonic attendees are reminded, however, that they will be unable to address the Court during the hearing. An additional
notice providing details of observing the April 25, 2012, proceedings telephonically will be provided closer to the hearing. James M. Stanton, Special Master - MDL 2244"

04/23/12
-

"NOTICE FROM THE SPECIAL MASTER:

For the convenience of parties who desire to listen to the April 25, 2012, proceedings via telephone, the Special Master has arranged a call in number (866.285.7778) and access code (6594627). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 9:25 a.m. to avoid disruption on the line from others joining the conference.

Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF.

James M. Stanton, Special Master - MDL 2244"

05/03/12
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 4/25/2012 before Judge Ed Kinkeade.
05/07/12
STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY
05/07/12
ORDER: The Court respectfully suggests a remand of this action pursuant to 28 U.S.C. § 1407 to the appropriate transferor court in accordance with Rule 10.1(b), R.P.J.P.M.L.
05/07/12
CASE MANAGEMENT ORDER NO. 4
06/20/12
CASE MANAGEMENT ORDER NO. 5
06/20/12

 FACT

Plaintiff's Fact Sheet in Word Format, which is an attachment to CMO No. 5. Please note that this is not an official Court document, and is intended for the use of the parties in the DePuy Pinnacle Litigation MDL - 2244.
06/20/12

CASE MANAGEMENT ORDER NO. 6
ATTORNEY-CLIENT PRIVILEGE AND WORK-PRODUCT PRIVILEGE PROTOCOL

06/20/12
ORDER REGARDING MANAGEMENT OF TIMEKEEPING, COST REIMBURSEMENT AND RELATED COMMON BENEFIT ISSUES. Case Management Order No. 7
07/17/12
ORDER SETTING CONFERENCE: A conference with the Court is set for 8/9/2012 10:30 AM before Judge Ed Kinkeade.
07/17/12
ORDER REGARDING ATTORNEYS APPEARING IN MDL 2244 - Any attorney admitted to practice and in good standing of any United States District Court is admitted to practice in this litigation, and the local counsel requirement described in the Local Rules of this Court is temporarily suspended for this litigation. This order applies to actions transferred pursuant to Section 1407 as well as actions initiated in this Court.
07/20/12
ANSWER to Complaint with Jury Demand filed by DePuy Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by DePuy International Limited Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by DePuy Orthopaedics Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth)
07/20/12
ANSWER to Complaint with Jury Demand filed by DePuy Products Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson and Johnson Health Care Systems Inc Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson & Johnson International. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson and Johnson . Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson and Johnson Medical Limited. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson and Johnson Pharmaceutical Research and Development LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Johnson and Johnson Services Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
07/20/12
ANSWER to Complaint with Jury Demand filed by Ortho-McNeil Pharmaceutical Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. (Roberts, Seth) Modified on 7/31/2012 (jrb).
08/02/12
  NOTICE FROM THE SPECIAL MASTER: For the convenience of parties who desire to listen to the August 9, 2012, proceedings via telephone, the Special Master has arranged a call in number (800-700-7784) and access code (256523). Telephonic attendees are advised, however, that they will be unable to address the Court during the hearing, and the telephone call will be locked at 10:25 a.m. to avoid disruption on the line from others joining the conference. Counsel attending the Scheduling Conference in person may bring their computers, cell phones, and other devices into the courtroom; however, all electronic devices must be TURNED OFF. James M. Stanton, Special Master - MDL 2244.
08/14/12
ORDER REGARDING CASES REMOVED FROM STATE COURT - 1. For all cases transferred to this Court on or before August 10, 2012, all remand motions shall be filed by September 4, 2012. Defendant shall serve its response to any timely filed remand motions by September 25, 2012, and Plaintiff may file a reply by October 9, 2012. 2. For all cases transferred to this Court after August 10, 2012, all remand motions shall be filed no later than 21 days after the date the case is transferred to this Court. Defendant shall serve its response to any timely filed remand motion within 21 days, and Plaintiff may file a reply within 14 days. 3. All pending and future motions to remand are hereby REFERRED to the Special Master, James M. Stanton, for report and recommendation. The parties are directed to send the Special Master an electronic copy of their motion, responses, replies, briefs, and appendicies. 4. Upon the filing of a motion to remand in a specific case, the Court hereby STAYS that case until the Special Master provides his report and recommendation, and the Court rules upon the objection, if any, to the report and recommendation. The Special Master is instructed to promptly provide his report and recommendation on pending motions. (Ordered by Judge Ed Kinkeade on 8/14/2012)
08/14/12
CASE MANAGEMENT ORDER NO. 8 [SCHEDULE OF PRETRIAL MATTERS] (Ordered by Judge Ed Kinkeade on 8/14/2012) [See Doc. 255 for FIRST AMENDED CMO No 8.]
08/27/12
ORDER REGARDING DEPUYS POST-MARKET SURVEILLANCE STUDY: IT IS THEREFORE ORDERED that the parties continue to confer, with the assistance of the Special Master, in an attempt to reach agreement on the contents of DePuy's correspondence with the hospitals and surgeons; IT IS FURTHER ORDERED that Defendant DePuy Orthopaedics, Inc. must provide its list of hospitals and surgeons who will receive notification of the Section 522 post-market surveillance study to the Court by delivery to the Special Master within 20 days of this Order. The list provided by DePuy shall be reviewed by the Court in camera and shall not be disclosed to any party or its counsel; and, IT IS FURTHER ORDERED that Defendant DePuy Orthopaedics, Inc. is prohibited from sending its proposed notification of the Section 522 post-market surveillance study to its list of hospitals and surgeons pending further Order from the Court. (Ordered by Judge Ed Kinkeade on 8/27/2012)
09/13/12
ORDER: The Court is advised that subsequent to entry of its August 27, 2012, Order Regarding DePuy's Post-Market Surveillance Study, the parties have reached agreement on the contents of the communication DePuy will send to hospitals and surgeons in conjunction with the FDA-mandated Section 522 explant study. Accordingly, the Court modifies its August 27, 2012, Order as follows: IT IS THEREFORE ORDERED that Defendant DePuy Orthopaedics, Inc. is no longer required to provide its list of hospitals and surgeons to the Special Master; and, IT IS FURTHER ORDERED that Defendant DePuy Orthopaedics, Inc. is now permitted to send the agreed-upon notification of the Section 522 post-market surveillance study to its list of hospitals and surgeons. (Ordered by Judge Ed Kinkeade on 9/13/2012)
01/15/13 244 ORDER SETTING CONFERENCE - Conference set for 1/23/2013 03:30 PM before Judge Ed Kinkeade at 1100 Commerce Street, Room 1625, Dallas, TX 75242. Any interested person may listen to the proceedings by calling (800) 868-1837 and entering passcode 863936#. (Ordered by Judge Ed Kinkeade on 1/15/2013) (jeh) (Entered: 01/15/2013)
01/23/13 253 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 1/23/2013 before Judge Ed Kinkeade. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (10 pages) Redaction Request due 2/13/2013. Redacted Transcript Deadline set for 2/25/2013. Release of Transcript Restriction set for 4/23/2013. (pjw) (Entered: 01/23/2013)
01/23/13 254 FIRST AMENDED CASE MANAGEMENT ORDER NO. 3. [See Doc 414 for SECOND AMENDED CMO No 3.]
01/23/13 255 FIRST AMENDED CASE MANAGEMENT ORDER NO. 8 - [SCHEDULE OF PRETRIAL MATTERS] - See order for Details. (Ordered by Judge Ed Kinkeade on 1/23/2013) (chmb)
01/23/13 256 SUPPLEMENT TO PROTECTIVE ORDER RE: PLAINTIFFS REQUESTS FOR DATA OF THE UNITED KINGDOMS NATIONAL JOINT REGISTRY. See Order for Details. (Ordered by Judge Ed Kinkeade on 1/23/2013) (chmb)
01/23/13 257 CASE MANAGEMENT ORDER NO. 9 [EXPLANT PRESERVATION ORDER]. See Order for Details. (Ordered by Judge Ed Kinkeade on 1/23/2013) (chmb)
03/04/13 270 ORDER REGARDING DEPOSITIONS (see Order for specifics) (Ordered by Judge Ed Kinkeade on 3/4/2013)
05/15/13 299 Memorandum Opinion and Order Re 238 Motion to Compel filed by Plaintiffs' Lead Counsel, Plaintiffs' Steering Committee, Plaintiffs' Executive Committee. Plaintiffs' Motion is GRANTED in part and DENIED in part without prejudice to being re-urged. See order for specifics. (Ordered by Judge Ed Kinkeade on 5/15/2013)
06/24/13 316 Memorandum Opinion and Order Granting in Part and Denying in Part [305] Motion for Protective Order, filed by DePuy Orthopaedics Inc, DePuy Products Inc, Johnson and Johnson Inc re: [305] MOTION for Protective Order to Quash Plaintiffs' Notice of Deposition of W. Gregory Sawyer, Ph.D.. See order for specifics. (Ordered by Judge Ed Kinkeade on 6/24/2013)
07/16/13 320 ORDER REGARDING 30(b)(6) DEPOSITIONS: This order supplements the Court's 3/4/2013, Order Regarding Depositions (Dkt. No. [270]). It is anticipated the depositions taken in this Multidistrict Litigation will be used in cases filed in various federal and state courts. The Court enters this Order to resolve differences in the applicable rules and codes in various jurisdictions where the depositions may be subsequently used. (Ordered by Judge Ed Kinkeade on 7/16/2013)
07/16/13 321 AMENDMENT TO CASE MANAGEMENT ORDER NO. 5: Based on the joint recommendations of the parties, the Court hereby adopts this Amendment to Case Management Order No. 5, which shall apply to all cases in this MDL proceeding (the "Coordinated Actions"). (Ordered by Judge Ed Kinkeade on 7/16/2013)
07/16/13 322 ORDER SUPPLEMENTING CASE MANAGEMENT ORDER NO. 4: The purpose of this order ("Order") is to supplement Case Management Order No. 4 (Document No. [133]) ("CMO 4") by providing a specific mechanism for the production and handling of native files produced pursuant to the provisions of CMO 4, as well as databases and systems which are specifically excluded from the provisions of CMO 4. (Ordered by Judge Ed Kinkeade on 7/16/2013)
07/16/13 323 STIPULATION: The Plaintiffs' Executive Committee and Defendants DePuy Orthopaedics, Inc.; DePuy Products, Inc.; DePuy International, Limited; Johnson & Johnson; and Johnson & Johnson Services, Inc. (collectively "Defendants"), enter into this Stipulation regarding this multi-district litigation ("MDL") proceeding, 3:11-MD-2244-K, In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending in the United States District Court for the Northern District of Texas, Dallas Division, before the Hon. Ed Kinkeade. (Ordered by Judge Ed Kinkeade on 7/16/2013)
07/30/13 325 ORDER SETTING CONFERENCE - A conference with the Court is hereby set for Tuesday, September 10, 2013, at 2:30 p.m. CST at 1100 Commerce Street, Courtroom 1627, Dallas, Texas 75242. Any interested person may listen to the proceedings by calling (800) 868-1837 and entering passcode 318225#. The matters to be discussed at the conference include: Selection of bellwether cases for trial; and an update from counsel on the status of the litigation.Counsel for plaintiffs shall coordinate communication with the Court through the Court-appointed Plaintiffs Executive Committee. (Ordered by Judge Ed Kinkeade on 7/30/2013)
09/13/13 344 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 9/10/2013 before Judge Ed Kinkeade. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (13 pages) Redaction Request due 10/4/2013. Redacted Transcript Deadline set for 10/15/2013. Release of Transcript Restriction set for 12/12/2013.
09/20/13 346 AGREED ORDER GRANTING LEAVE OF COURT TO CONDUCT TRANSMISSION ELECTRON MICROSCOPY/FOCUSED ION BEAM EXAMINATION. In addition to the inspection and analysis permitted pursuant to Case Management Order No. 9, entered Jan. 23, 2013, the Court hereby grants leave for the Plaintiff' Executive Committee (or their designees) and the Defendants (or their designees) to conduct examination and testing of the explanted components of potential bellwether plaintiffs Michael Hodges, Jean Garvin, Gerald Jones, Toni Lay, Edward McKee, Carol Mello, Kathy Paoli, and Byron Rowe, in accordance with the protocol attached hereto as Exhibit A. (Ordered by Judge Ed Kinkeade on 9/20/2013)
09/30/13 348 AGREED ORDER STAYING CASES PENDING BELLWETHER TRIALS - At the request of the parties, the cases pending in this Multidistrict Litigation, other than those selected for bellwether trials, are STAYED pending further Order of the Court following completion of the bellwether trials scheduled to begin in September 2014 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. (Ordered by Judge Ed Kinkeade on 9/30/2013)
11/15/13 358 Notice: On December 5 and 6, 2013, the Special Master will conduct hearings on certain motions to remand in accordance with the Court's Order Regarding Cases Removed From State Court (Dkt. 238 ). The hearing will be conducted in courtroom 1351 of the Earle Cabell Federal Building in Dallas Texas. To facilitate coordination of arguments among counsel for affected plaintiffs, the Special Master will conduct a telephonic status conference on Friday, November 22, 2013, beginning at 12:00 p.m. CST. Call in number is 800.868.1837, passcode 692289#. (see exhibits A-D for affected cases.) (drh) (Entered: 11/15/2013)
12/04/13 364 On November 15,2013, the Special Master entered a Notice of Hearing (Dkt. 358 ) setting a hearing in Dallas, Texas, on December 5 and 6, 2013, to consider certain motions to remand in accordance with the Court's Order Regarding Cases Removed From State Court (Dkt. 189 ). During the telephonic status conference held November 22, 2013, counsel for the affected plaintiffs and defendants unanimously requested the Special Master continue the December 5 and 6, 2013, hearing and delay consideration of the motions to remand until completion of the bellwether trials scheduled to begin in September 2014. After consultation with counsel, a corrected list of cases set for hearing are identified in the exhibits to this notice. (drh) (Entered: 12/04/2013)
01/23/14 377 ORDER SETTING CONFERENCE - A conference with the Court is hereby set for Tuesday, March 4, 2014 at 2:30 p.m. CST at 1100 Commerce Street, Courtroom 1627, Dallas, Texas 75242. Any interested person may listen to the proceedings by calling (800) 868-1837 and entering passcode 158719#. The matters to be discussed at the conference include preparation for bellwethertrials beginning in September 2014 and any outstanding discovery matters. Counsel for plaintiffs shall coordinate communication with the Court through the Court-appointed Plaintiffs Executive Committee. (Ordered by Judge Ed Kinkeade on 1/23/2014) (chmb)
03/03/14 388 ORDER: The conference with the Court set for Tuesday, March 4, 2014, at 2:30 p.m. CST at 1100 Commerce Street, Courtroom 1627, Dallas, Texas 75242 is postponed. Attorneys have notified the Court that they are unable to travel to the conference due to weather conditions. The conference will be rescheduled at a future date. Plaintiffs Unopposed Motion to Compel Compliance Pursuant to Federal Rule of Civil Procedure 45(G)(As Amended December 1, 2013) [Dkt. 11] in Cause No. 3:13-cv-03518-K; Russell v. DePuy Orthopaedics Inc. et al., remains set for hearing Tuesday, March 4, 2014, at 11:00 a.m. CST. (Ordered by Judge Ed Kinkeade on 3/3/2014) (chmb)
03/26/14 391 ORDER SETTING CONFERENCE - A conference with the Court is hereby set for Thursday, April 10, 2014, at 2:30 p.m. CST at 1100 Commerce Street, Courtroom 1627, Dallas, Texas 75242. Any interested person may listen to the proceeding by calling (800) 868-1837 and entering passcode 158719#. The matters to be discussed at the conference include preparation for bellwether trials beginning in September 2014 and any outstanding discovery matters. Counsel for plaintiffs shall coordinate communication with the Court through the Court-appointed Plaintiffs Executive Committee. (Ordered by Judge Ed Kinkeade on 3/26/2014) (chmb)
05/07/14 406 Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on 4/10/2014 before Judge Ed Kinkeade. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (10 pages) Redaction Request due 5/28/2014. Redacted Transcript Deadline set for 6/9/2014. Release of Transcript Restriction set for 8/5/2014. (pjw) (Entered: 05/07/2014)
06/20/14 414 SECOND AMENDED CASE MANAGEMENT ORDER NO. 3: The following Counsel are reappointed or newly appointed to act on behalf of the Plaintiffs in the DePuy, Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. This Order supersedes [254] Amended Case Management Order No. 3. (Ordered by Judge Ed Kinkeade on 6/20/2014) (twd) [See Doc 495 for Third Amended CMO No 3]
7/18/14 425 ORDER GRANTING IN PART PLAINTIFFS' STEERING COMMITTEE'S [299] MOTION FOR LEAVE TO DEPOSE DEBORAH WONG YANG AND TO COMPEL FURTHER PRODUCTION OF DOCUMENTS: The parties are ORDERED to conduct the deposition of Ms. Yang pursuant to their agreement. The remainder of the PSC's motion is DENIED without prejudice to be re-urged following Ms. Yang's deposition. (Ordered by Judge Ed Kinkeade on 7/18/2014) (twd)
02/19/15 491 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 trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 2/18/2015) (twd)
03/05/15 495 THIRD AMENDED CASE MANAGEMENT ORDER NO. 3: The following Counsel are reappointed or newly appointed to act on behalf of the Plaintiffs in the DePuy, Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. This Order supersedes [254] Amended Case Management Order No. 3, filed on 1/23/2013. (Ordered by Judge Ed Kinkeade on 3/5/2015) (twd)
04/10/15 506 AMENDMENT TO CASE MANAGEMENT ORDER NO. 5: The Court hereby enters the following amendment to CMO #5, entered on June 20, 2012, which replaces Section VI of that order. (Ordered by Judge Ed Kinkeade on 4/10/2015) (chmb)
07/13/15 536 AMENDED 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 trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 7/13/2015) (chmb)
08/26/15 551 SECOND AMENDED 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 trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 8/26/2015) (twd)
11/09/15 575 FOURTH AMENDED CASE MANAGEMENT ORDER NO. 3: The following Counsel are reappointed or newly appointed to act on behalf of the Plaintiffs in the DePuy, Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. This Order supersedes 254 Amended Case Management Order No. 3, filed on 1/23/2013. (Ordered by Judge Ed Kinkeade on 11/9/2015) (twd) (Entered: 11/09/2015)
01/05/16 600 ORDER GRANTING PLAINTIFFS' EXECUTIVE COMMITTEE'S MOTION TO PROTECT MENTAL HEALTH RECORDS: The Court has reviewed the live complaints and answers of the Aoki, Christopher, Greer, Klusmann, and Peterson matters and does not find that, as interpreted by Texas courts, the Plaintiffs' mental conditions have currently been made part of a claim or defense. Accordingly, the Motion to Protect Mental Health Records, Docket No. [513] in 3:11-md-2244, and the Motion to Protect Mental Health Records of Richard Klusmann, Docket No. #15 in 3:11-cv-2800, are GRANTED. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
01/05/16 601 ORDER GRANTING PLAINTIFFS' EXECUTIVE COMMITTEE'S [520] MOTION TO MODIFY CASE MANAGEMENT ORDER NO. 5. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd)
01/06/16 602 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL DEFENDANTS' RESPONSES TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS. (Ordered by Judge Ed Kinkeade on 1/6/2016) (twd)
01/08/16 606 ORDER CONSOLIDATING BELLWETHER CASES FOR TRIAL: The Aoki (3:13-cv-1071-K), Christopher (3:14-cv-1994-K), Greer (3:12-cv-1672-K), Klusmann (3:11-cv-2800-K), and Peterson (3:11-cv-1941-K) cases are consolidated for trial pursuant to Rule 42 of the Federal Rules of Civil Procedure. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd)
01/15/16 614 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO COMPEL JOHNSON & JOHNSON'S COMPLIANCE WITH PLAINTIFFS' NOVEMBER 11, 2015 NOTICE OF ORAL AND VIDEO DEPOSITION OF JOHNSON & JOHNSON PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6). (Ordered by Judge Ed Kinkeade on 1/15/2016) (chmb)
06/10/16 660 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)
11/02/16 711

ORDER ON BELLWETHER TRIALS - The next bellwether trial will begin with jury selection on September 5, 2017. In addition to its own review of potential bellwether selections, the Court will consider submissions of the parties regarding bellwether candidates on cases applying New York law that are provided to the Court by November 7, 2016. (Ordered by Judge Ed Kinkeade on 11/2/2016) (chmb)

11/14/16 713

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 5, 2017. 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. (Ordered by Judge Ed Kinkeade on 11/8/2016) (chmb)

01/19/17 731

FIFTH AMENDED CASE MANAGEMENT ORDER NO. 3: The following Counsel are reappointed or newly appointed to act on behalf of the Plaintiffs in the DePuy, Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation. This Order supersedes [575] Amended Case Management Order No. 3, filed on 11/09/2015. (Ordered by Judge Ed Kinkeade on 1/19/2017) (twd)

08/25/17 793

ORDER: On June 28, 2017, July 13, 2017, and July 26, 2017, the Court requested input and briefing from Plaintiffs and Defendants on a process for remanding cases to the appropriate district courts. (See Doc. Nos. 787, 788, and 789). The parties subsequently submitted their briefing for the Court's consideration. (Doc. Nos. 771, 774, 775, and 779). Having carefully considered the parties' briefing and the applicable law, the Court notifies the parties that the following cases, which were selected to be prepared for jury trial beginning September 5, 2017 (See Doc. No. 713), will be the final bellwether cases tried in the Dallas Division of the Northern District of Texas pursuant to Plaintiffs' and Defendants' Lexecon waivers: 1. Alicea, et al., v. DePuy Orthopaedics, Inc. et al., No. 3:15-cv-03489-K; 2. Barzel, et al.,l v. DePuy Orthopaedics, Inc., et al., No. 3:16-cv-01245-K; 3. Buonaiuto, et al., v. DePuy Orthopaedics, Inc., et al., No. 3:14-cv-02750-K; 4. Miura v. DePuy Orthopaedics, Inc., et al., No. 3:13-cv-04119-K; 5. Stevens et al., v. DePuy Orthopaedics, Inc., et al., No. 3:14-cv-02341-K; 6. Stevens et al., v. DePuy Orthopaedics, Inc. et al., No. 3:14-cv-01776-K; 7. Heroth et al., v. DePuy Orthopaedics, Inc. et al., No. 3:12-cv-04647-K; 8. Kirschner v. DePuy Orthopaedics, Inc., et al., No. 3:16-cv-01526-K. (Ordered by Judge Ed Kinkeade on 8/25/2017) (chmb)

 

 

 

 

Riedhammer v. DePuy Orthopaedics Inc et al
3:11-cv-02460-K

Date Filed Doc. # Type of Order
11/08/16 20

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)

 

 

Cousin v. DePuy Orthopaedics Inc et al
3:13-cv-00244-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)

 

 

 

 

 

Llamas v. DePuy Orthopaedics, Inc. et al
3:13-cv-03804-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: 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)

 

Lay et al v. DePuy Orthopaedics, Inc. et al
3:11-cv-03590-K

Date Filed
Doc. #
Type of Order
12/20/13
SCHEDULING ORDER: Jury Trial set for 9/1/2014 before Judge Ed Kinkeade. Plaintiff's Amended Pleadings due by 3/14/2014. Defendants Amended Pleadings due by 3/28/2014. Discovery due by 5/27/2014. Dispositive Motions due by 6/4/2014. Responses due by 6/18/2014. Replies due by 6/25/2014. (Ordered by Judge Ed Kinkeade on 12/20/2013) (skt) (Entered: 12/20/2013)
07/18/14
Memorandum Opinion and Order denying [83] MOTION to Quash Plaintiffs' Notices of Deposition for Drs. Antoni Nargol and David Langton filed by DePuy Orthopaedics Inc. (Ordered by Judge Ed Kinkeade on 7/18/2014) (jrr) (Entered: 07/18/2014)
07/18/14
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT DEPUY ORTHOPAEDICS, INC.'S MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 7/18/2014) (twd)
07/18/14
MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT. (Ordered by Judge Ed Kinkeade on 7/18/2014) (twd)
08/22/14 114 The Special Master ORDERS the parties to appear through counsel for a hearing on the admissibility of evidence and deposition testimony at 1:30 p.m. on Thursday, August 28, 2014. The hearing will be conducted in courtroom 1351 of the Earle Cabell Federal Building and Courthouse located at 1100 Commerce Street, Dallas, Texas 75242. The parties may subpoena witnesses necessary to address any objections included in the pre-trial materials. James M. Stanton, Court-Appointed Special Master (chmb)
09/09/14 122 MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO EXCLUDE TESTIMONY OF DRS. ANTONI NARGOL AND DAVID LANGTON (Ordered by Judge Ed Kinkeade on 9/9/2014) (twd) (Entered: 09/10/2014)
09/1/6/14 123 MEMORANDUM OPINION AND ORDER DENYING DEFENDANT DEPUY ORTHOPAEDICS, INC.'S MOTION TO EXCLUDE EXPERT TESTIMONY OF W. GREGORY SAWYER, PH.D. (Ordered by Judge Ed Kinkeade on 9/16/2014) (chmb) (Entered: 09/16/2014)

 

Jones et al v. DePuy Orthopaedics, Inc. et al
3:11-cv-3594-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: This case will be ready for jury trial on 11/3/2014 before Judge Ed Kinkeade. Amended Pleadings due by 5/13/2014 for plaintiff and 5/27/2014 for defendants. Dispositive Motions due by 8/4/2014. Discovery due by 7/28/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (twd)

 

Mello et al v. DePuy Orthopaedics, Inc. et al
3:12-cv-0641-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: This case will be ready for jury trial on 1/12/2015 before Judge Ed Kinkeade. Amended Pleadings due by 7/11/2014 for plaintiff and 7/25/2014 for defendants. Discovery due by 9/26/2014. Dispositive Motions due by 10/3/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (twd

 

McKee v. DePuy Orthopaedics, Inc. et al
3:12-cv-2557-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: Jury Trial set for 1/12/2015 before Judge Ed Kinkeade. Plaintiff's Amended Pleadings due by 7/11/2014. Defendants' Amended Pleadings due by 7/25/2014. Discovery due by 9/26/2014. Motions due by 10/3/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (axm)

 

Hodges v. DePuy Orthopaedics, Inc. et al
3:12-cv-02695-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: This case will be ready for jury trial on 11/3/2014 before Judge Ed Kinkeade. Amended Pleadings due by 5/13/2014 for plaintiff and 5/27/2014 for defendants. Discovery due by 7/28/2014. Dispositive Motions due by 8/4/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (twd)

 

Garvin v. DePuy Orthopaedics, Inc. et al
3:12-cv-3074-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: This case will be ready for jury trial on 1/12/2015 before Judge Ed Kinkeade. Amended Pleadings due by 7/11/2014 for plaintiff and 7/25/2014 for defendants. Discovery due by 9/26/2014. Motions due by 10/3/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (twd)

 

Rowe et al v. Johnson & Johnson, Inc. et al
3:12-cv-4354-K

Date Filed
Doc. #
Type of Order
01/23/14
SCHEDULING ORDER: Jury Trial set for 11/3/2014 before Judge Ed Kinkeade. Plaintiff's Amended Pleadings due by 5/13/2014. Defendants' Amended Pleadings due by 5/27/2014. Discovery due by 7/28/2014. Motions due by 8/4/2014. (Ordered by Judge Ed Kinkeade on 1/23/2014) (axm)

 

Thibodeau et al v. Johnson & Johnson Services, Inc. et al
3:13-cv-01027-K

Date Filed
Doc. #
Type of Order
07/13/15
AMENDED 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 trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 7/13/2015) (chmb)
07/13/15 8 SCHEDULING ORDER: Jury Trial set for 1/6/2016 before Judge Ed Kinkeade. Plaintiff shall Amend his Pleadings by 8/21/2015, Defendants shall Amend their Pleadings by 9/4/2015. Motions due by 11/6/2015. Discovery due by 12/4/2015. (Ordered by Judge Ed Kinkeade on 7/13/2015) (jrr)
08/26/15 11 SECOND AMENDED 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 trial. The parties are ORDERED to confer with the Special Master regarding a trial date and preparation of the cases for trial. (Ordered by Judge Ed Kinkeade on 8/26/2015) (twd)

 

Russell v. DePuy Orthopaedics, Inc. et al
3:13-cv-03518-K

Date Filed
Doc. #
Type of Order
7/18/14
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S [11] MOTION TO COMPEL COMPLIANCE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 45: Swedish Medical Center's request for payment of the $1000 fee and reasonable attorney's fees is DENIED. (Ordered by Judge Ed Kinkeade on 7/18/2014) (twd)