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
3:11-cv-01941 | 3:11-cv-02800 | 3:12-cv-01672 | 3:13-cv-01071 | 3:14-cv-01994
Peterson et al v. Johnson & Johnson Services, Inc. et al
3:11-cv-01941-K
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Date Filed
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Doc. #
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Type of Order
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07/13/15
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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 | 21 | 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 | 24 | 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) |
| 01/05/16 | 92 | 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 | 97 | ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/06/16 | 98 | 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) |
| 01/05/16 | 99 | ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 101 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 102 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DISMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/08/16 | 106 | 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) |
| 01/08/16 | 107 | ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd) |
| 01/08/16 | 109 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Jury Selection held on 1/8/2016. 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb) |
| 01/11/16 | 111 | ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd) |
| 01/11/16 | 114 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19 (chmb) |
| 01/12/16 | 116 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb) |
| 01/13/16 | 124 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb) |
| 01/14/16 | 126 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb) |
| 01/15/16 | 130 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb) |
| 01/19/16 | 133 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb) |
| 01/20/16 | 137 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) |
| 01/21/16 | 139 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb) |
| 01/22/16 | 141 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb) |
| 01/25/16 | 142 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) |
| 01/26/16 | 145 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb) |
| 01/27/16 | 149 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb) |
| 01/28/16 | 150 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb) |
| 01/29/16 | 152 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb) |
| 02/01/16 | 159 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb) |
| 02/02/16 | 162 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/03/16 | 166 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb) |
| 02/04/16 | 167 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/05/16 | 168 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb) |
| 02/08/16 | 172 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb) |
| 02/09/16 | 175 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb) |
| 02/11/16 | 178 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 02/12/16 | 181 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb) |
| 02/16/16 | 186 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb) |
| 02/17/16 | 189 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb) |
| 02/22/16 | 192 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb) |
| 02/23/16 | 196 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb) |
| 02/24/16 | 201 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb) |
| 02/25/16 | 203 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb) |
| 02/29/16 | 209 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called as Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb) |
| 03/01/16 | 215 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb) |
| 03/02/16 | 216 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called as Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 03/07/16 | 226 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb) |
| 03/08/16 | 228 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb) |
| 03/09/16 | 243 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb) |
| 03/10/16 | 266 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb) |
| 03/11/16 | 267 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb). (Entered: 03/11/2016) |
| 03/14/16 | 268 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb) |
| 03/15/16 | 269 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb) |
| 3/16/16 | 270 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb) |
| 03/17/16 | 271 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb) |
| 03/17/16 | 273 | Court's Charge and Jury Verdict. (twd) |
| 07/05/16 | 299 | FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Robert Peterson against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally, in the amounts described below. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd) (Entered: 07/05/2016) |
| 09/13/18 | 338 |
SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiffs by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) |
Klusmann et al v. DePuy Orthopaedics, Inc. et al
3:11-cv-02800-K
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Date Filed
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Doc. #
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Type of Order
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07/13/15
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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 | 19 | 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 | 22 | 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) |
| 01/05/16 | 100 | 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 | 105 | ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/06/16 | 106 | 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) |
| 01/05/16 | 107 | ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 109 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 110 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DISMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/08/16 | 114 | 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) |
| 01/08/16 | 115 | ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd) |
| 01/08/16 | 118 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Jury Selection held on 1/8/2016. 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb) |
| 01/11/16 | 120 | ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd) |
| 01/11/16 | 123 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19 (chmb) |
| 01/12/16 | 125 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb) |
| 01/13/16 | 133 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb) |
| 01/14/16 | 135 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb) |
| 01/15/16 | 139 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb) |
| 01/19/16 | 142 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb) |
| 01/20/16 | 146 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) |
| 01/21/16 | 148 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb) |
| 01/22/16 | 150 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb) |
| 01/25/16 | 151 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) |
| 01/26/16 | 154 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb) |
| 01/27/16 | 158 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb) |
| 01/28/16 | 159 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb) |
| 01/29/16 | 161 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb) |
| 02/01/16 | 168 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb) |
| 02/02/16 | 171 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/03/16 | 175 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb) |
| 02/05/16 | 176 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/05/16 | 177 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb) |
| 02/08/16 | 181 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb) |
| 02/09/16 | 184 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb) |
| 02/11/16 | 187 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 02/12/16 | 190 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb) |
| 02/16/16 | 195 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb) |
| 02/17/16 | 198 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb) |
| 02/22/16 | 201 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb) |
| 02/23/16 | 205 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb) |
| 02/24/16 | 210 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb) |
| 02/25/16 | 212 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb) |
| 02/29/16 | 218 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called a Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb) |
| 03/01/16 | 224 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb) |
| 03/02/16 | 225 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called a Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 03/07/16 | 235 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb) |
| 03/08/16 | 237 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb) |
| 03/09/16 | 253 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb) |
| 03/10/16 | 276 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb) |
| 03/11/16 | 277 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb). (Entered: 03/11/2016) |
| 03/14/16 | 278 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb) |
| 03/15/16 | 279 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb) |
| 03/16/16 | 280 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb) |
| 03/17/16 | 281 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb) |
| 03/17/16 | 283 | Court's Charge and Jury Verdict. (twd) |
| 07/05/16 | 311 | FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Richard Klusmann against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally, in the amounts described below. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd) (Entered: 07/05/2016) |
| 09/13/18 | 350 |
SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiffs by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) |
Greer v. DePuy Orthopaedics Inc et al
3:12-cv-01672-K
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Date Filed
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Doc. #
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Type of Order
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07/13/15
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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) |
| 07/13/15 | 11 | 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 | 14 | 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) |
| 01/05/16 | 75 | 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 | 80 | ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/06/16 | 81 | 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) |
| 01/05/16 | 82 | ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 84 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/08/16 | 88 | 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) |
| 01/08/16 | 89 | ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd) |
| 01/08/16 | 91 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: Jury Selection held on 1/8/2016. 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb) |
| 01/11/16 | 93 | ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd) |
| 01/11/16 | 96 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19 (chmb) |
| 01/12/16 | 98 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb) |
| 01/13/16 | 100 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb) |
| 01/14/16 | 102 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb) |
| 01/15/16 | 106 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb) |
| 01/16/19 | 109 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb) |
| 01/20/16 | 113 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) |
| 01/21/16 | 115 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb) |
| 01/22/16 | 117 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb) |
| 01/25/16 | 118 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) |
| 01/26/16 | 121 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb) |
| 01/27/16 | 125 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb) |
| 01/28/16 | 126 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb) |
| 01/29/16 | 128 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb) |
| 02/01/16 | 135 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb) |
| 02/02/16 | 138 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/03/16 | 142 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb) |
| 02/04/16 | 143 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/05/16 | 144 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb) |
| 02/08/16 | 148 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb) |
| 02/09/16 | 151 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb) |
| 02/11/16 | 154 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 02/12/16 | 157 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb) |
| 02/16/16 | 162 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb) |
| 02/17/16 | 165 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb) |
| 02/22/16 | 168 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb) |
| 02/23/16 | 172 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb) |
| 02/24/16 | 177 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb) |
| 02/25/16 | 179 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb) |
| 02/29/16 | 185 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called a Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb) |
| 03/01/16 | 191 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb) |
| 03/02/16 | 192 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called a Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 03/07/16 | 202 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb) |
| 03/08/16 | 204 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb) |
| 03/09/16 | 219 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb) |
| 03/10/16 | 242 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb) |
| 03/11/16 | 243 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier,, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb). Modified on 3/11/2016 (chmb). (Entered: 03/11/2016) |
| 03/14/16 | 244 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb) |
| 03/15/16 | 245 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb) |
| 03/16/16 | 246 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb) |
| 03/17/16 | 247 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb) |
| 03/17/16 | 249 | Court's Charge and Jury Verdict. (twd) |
| 07/05/16 | 278 | FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Donald Greer against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally, in the amounts described below. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd) (Entered: 07/05/2016) |
| 09/13/18 | 319 |
SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiff by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) |
Aoki v. Johnson & Johnson Services, Inc. et al
3:13-cv-01071-K
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Date Filed
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Doc. #
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Type of Order
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07/13/15
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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 | 10 | SCHEDULING ORDER: Jury Trial set for 1/6/2016 before Judge Ed Kinkeade. Plaintiff shall Amend her 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 | 13 | 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) |
| 01/05/16 | 81 | 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) |
| 01/06/16 | 86 | ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/06/16 | 87 | 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) |
| 01/05/16 | 88 | ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 90 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 91 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DISMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/08/16 | 95 | 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) |
| 01/08/16 | 96 | ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd) |
| 01/08/16 | 98 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb) |
| 01/11/16 | 100 | ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd) |
| 01/11/16 | 103 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19. (chmb) |
| 01/12/16 | 105 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb) |
| 01/13/16 | 113 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb) |
| 01/14/16 | 115 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb) |
| 01/15/16 | 119 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb) |
| 01/19/16 | 122 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb) |
| 01/20/16 | 126 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) |
| 01/21/16 | 128 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb) |
| 01/22/16 | 130 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb) |
| 01/25/16 | 131 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) |
| 01/26/16 | 134 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb) |
| 01/27/16 | 138 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb) |
| 01/28/16 | 139 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb) |
| 01/29/16 | 141 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb) |
| 02/01/16 | 147 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb) |
| 02/02/16 | 150 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/03/16 | 154 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb) |
| 02/05/16 | 155 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/05/16 | 156 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb) |
| 02/08/16 | 160 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb) |
| 02/09/16 | 163 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb) |
| 02/11/16 | 166 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 02/12/16 | 169 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb) |
| 02/16/16 | 174 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb) |
| 02/17/16 | 177 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb) |
| 02/22/16 | 180 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb) |
| 02/23/16 | 184 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb) |
| 02/24/16 | 189 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb) |
| 02/25/16 | 191 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb) |
| 02/29/16 | 197 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called a Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb) |
| 03/01/16 | 203 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb) |
| 03/02/16 | 204 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called a Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 03/07/16 | 214 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb) |
| 03/08/16 | 217 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb) |
| 03/09/16 | 230 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb) |
| 03/10/16 | 253 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb) |
| 03/11/16 | 254 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb). (Entered: 03/11/2016) |
| 03/14/16 | 255 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb) |
| 03/15/16 | 256 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb) |
| 03/16/16 | 257 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb) |
| 03/17/16 | 260 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb) |
| 03/17/16 | 259 | Court's Charge and Jury Verdict. (twd) |
| 07/05/16 | 287 | FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Margaret Aoki against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally in the amounts described below Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd) (Entered: 07/05/2016) |
| 09/13/18 | 365 |
SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiff by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) |
Christopher et al v. Johnson & Johnson Services Inc et al
3:14-cv-01994-K
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Date Filed
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Doc. #
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Type of Order
|
|
07/13/15
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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) |
| 01/05/16 | 69 | 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 | 74 | ORDER DENYING DEFENDANTS' MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/06/16 | 75 | 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) |
| 01/05/16 | 76 | ORDER GRANTING DEFENDANTS' MOTION TO COMPEL DR. DAVID EGILMAN TO ANSWER QUESTIONS REGARDING WHETHER HE HAS A HIP IMPLANT. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/05/16 | 78 | ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' PARTIAL MOTIONS TO DIMISS THE COMPLAINT AND MOTION TO AMEND SECOND AMENDED ORDER ON BELLWETHER TRIALS. (Ordered by Judge Ed Kinkeade on 1/5/2016) (twd) |
| 01/08/16 | 82 | 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) |
| 01/08/16 | 83 | ORDER DENYING DEFENDANTS' MOTION FOR BIFURCATION. (Ordered by Judge Ed Kinkeade on 1/8/2016) (twd) |
| 01/08/16 | 85 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 1st Day of Jury Trial Held on 1/8/2016. 9 Jurors Selected and Seated. Trial to continue with preliminary instructions and opening statements on Monday January 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, Jane Conroy, Lisa Blue, Robert Hirschhorn, Alex Brown, Lee Cirsch, and Robert Leone; Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts, Andrew White, John Tull, Ken Inskeep, and Dennis Stolle. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - 5:15. (chmb) |
| 01/11/16 | 87 |
ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES' MOTIONS IN LIMINE. (Ordered by Judge Ed Kinkeade on 1/11/2016) (twd) |
| 01/11/16 | 90 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 2nd Day of Jury Trial Held on Monday January 11, 2016. Andrew Ekdahl called as Plaintiffs' First witness. Jury Trial to continue on Tuesday January 12, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:19 (chmb) |
| 01/12/16 | 92 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 3rd Day of Jury Trial Held on Tuesday January 12, 2016. Plaintiffs' counsel continues direct examination of Andrew Ekdahl. Plaintiff passes the witness. Defendants' counsel begins examination of Andrew Ekdahl. Jury Trial to continue on Wednesday January 13, 2016. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 7:03 (chmb) |
| 01/13/16 | 94 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 4th Day of Jury Trial Held on Wednesday January 13, 2016. Counsel conclude examination of Andrew Ekdahl. Andrew Ekdahl Excused. Minette E. Drumwright, Ph.D. called as Plaintiffs' 2nd Witness. Jury Trial to continue on Thursday, January 14, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:57 (chmb) |
| 01/14/16 | 96 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 5th Day of Jury Trial Held on Thursday January 14, 2016. Counsel conclude examination of Minette E. Drumwright, Ph.D. Minette E. Drumwright, Ph.D. Excused. Pamela Plouhar, Ph.D., called as Plaintiffs' 3rd Witness. Jury Trial to continue on Friday, January 15, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:41 (chmb) |
| 01/15/16 | 100 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 6th Day of Jury Trial Held on Friday January 15, 2016. Counsel continue examination Pamela Plouhar, Ph.D., Jury Trial to continue on Tuesday January 19, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:49 (chmb) |
| 01/19/16 | 103 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 7th Day of Jury Trial Held on Tuesday January 19, 2016. Counsel conclude examination of Pamela Plouhar, Ph.D., Pamela Plouhar, Ph.D., excused. Jury Trial to continue on Wednesday January 20, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:50 (chmb) |
| 01/20/16 | 107 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 8th Day of Jury Trial Held on Wednesday January 20, 2016. Donald Greer, III, called as Plaintiffs' 4th witness. Donald Greer, III, excused. Antoni Nargol called as Plaintiffs' 5th witness by video deposition. Video Deposition of Antoni Nargol concluded. Donald Greer, Jr., called as Plaintiffs' 6th witness. Plaintiffs' pass the witness. Jury Trial to continue on Thursday January 21, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:20 (chmb) |
| 01/21/16 | 109 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 9th Day of Jury Trial Held on Thursday January 21, 2016. Counsel conclude examination of Donald Greer, Jr. Dr. E. Matthew Heinrich called as Plaintiffs' 7th witness by video deposition. Jury Trial to continue on Friday January 22, 2016 at 9:00 a.m.. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:31 (chmb) |
| 01/22/16 | 111 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 10th Day of Jury Trial Held on Friday January 22, 2016. Direct Examination of Dr. E. Matthew Heinrich concluded. Defense Counsel reserves re-direct examination until Dr. Heinrich testifies live at a later date in trial. Richard William Klusmann called as Plaintiffs' 8th witness. Examination of Richard William Klusmann concluded. Jury Trial to continue on Monday January 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:24 (chmb) |
| 01/25/16 | 112 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 11th Day of Jury Trial Held on Monday January 25, 2016. Dr. Albert Burstein, Ph.D., called as Plaintiffs' 9th Witness. Jury Trial to continue on Tuesday January 26, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) |
| 01/26/16 | 115 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 12th Day of Jury Trial Held on Tuesday January 26, 2016. The parties resume examination of Dr. Albert Burstein, Ph.D. Further examination of Dr. Albert Burstein, Ph.D., to resume at a later date. Dr. Richard Kearns called as Plaintiffs' 10th Witness. Examination of Richard Kearns concluded. Richard Kearns Excused. Jury Trial to continue on Wednesday January 27, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:04 (chmb) (chmb) |
| 01/27/16 | 119 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Wednesday, January 27, 2016. Dr. Bernard Morrey called as Plaintiffs' 11th Witness. Examination of Dr. Bernard Morrey concluded, but may be re-called at a later date. Margaret Aoki called as Plaintiffs' 12th Witness. Jury Trial to continue on Thursday, January 28, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:18 (chmb) |
| 01/28/16 | 120 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Thursday, January 28, 2016. Examination of Margaret Aoki concluded. Jacqueline Christopher called as Plaintiffs' 13th Witness. Examination of Jacqueline Christopher concluded. Jay Christopher called as Plaintiffs' 14th Witness. Examination of Jay Christopher concluded. Dr. Thomas Schmalzried, MD, called as Plaintiffs' 15th witness by video deposition. Jury Trial to continue on Friday, January 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:37 (chmb) |
| 01/29/16 | 122 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Friday, January 29, 2016. Christina Egan called as Plaintiffs' 16th Witness. Examination of Dr. Thomas Schmalzried, MD, by video deposition continues. Jury Trial to continue on Monday, February 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:36 (chmb) |
| 02/01/16 | 129 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Monday, February 1, 2016. Dr. Matthew C. Morrey called as Plaintiffs' 17th Witness. Jury Trial to continue on Tuesday February 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:14 (chmb) |
| 02/02/16 | 132 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Tuesday, February 2, 2016. Dr. Nicholas A. Athanasou called as Plaintiffs' 18th Witness. Jury Trial to continue on Wednesday, February 3, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/03/16 | 136 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Wednesday, February 3, 2016. Examination of Dr. Nicholas A. Athanasou Concluded. Dr. Nicholas A. Athanasou Excused. Susan Klusmann called as Plaintiffs' 19th Witness. Examination of Susan Klusmann concluded. Dr. John Pearce called as Plaintiffs' 20th Witness by video deposition. Jury Trial to continue on Thursday, February 4, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:44 (chmb) |
| 02/05/16 | 137 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Thursday, February 4, 2016. Examination of Dr. John Pearce by video deposition concluded. Robert Peterson called as Plaintiffs' 21st Witness. Dr. Brian D. Hass, M.D., called as Defendants' 1st Witness. Jury Trial to continue on Friday, February 5, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:54 (chmb) |
| 02/05/16 | 138 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Friday, February 5, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Monday, February 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 2:15 (chmb) |
| 02/08/16 | 142 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Monday, February 8, 2016. Examination of Dr. Brian D. Hass, M.D., continues. Jury Trial to continue on Tuesday, February 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:32 (chmb) |
| 02/09/16 | 145 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Tuesday, February 9, 2016. Examination of Dr. Brian D. Hass, M.D., concluded. Jury Trial to continue on Wednesday, February 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:58 (chmb) |
| 02/11/16 | 148 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Thursday, February 11, 2016. Dr. Scott Nelson, M.D., called as Defendants' 2nd Witness. Jury Trial to continue on Friday, February 12, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 02/12/16 | 151 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Friday, February 12, 2016. Examination of Dr. Scott Nelson, M.D., concluded. Jury Trial to continue on Tuesday, February 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:54 (chmb) |
| 02/16/16 | 156 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Tuesday, February 16, 2016. Patricia A. Campbell, Ph.D., called as Defendants' 3rd Witness. Jury Trial to continue on Wednesday, February 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:43 (chmb) |
| 02/17/16 | 159 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Wednesday, February 17, 2016. Examination of Patricia A. Campbell, Ph.D., concluded. Jury Trial to continue on Monday, February 22, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:34 (chmb) |
| 02/22/16 | 162 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, February 22, 2016. Dr. Cato T., Laurencin, M.D., Ph.D., called as Defendants' 4th Witness. Jury Trial to continue on Tuesday, February 23, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:02 (chmb) |
| 02/23/16 | 166 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, February 23, 2016. Examination of Dr. Cato T., Laurencin, M.D., Ph.D., concluded. Jury Trial to continue on Wednesday, February 24, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:23 (chmb) |
| 02/24/16 | 171 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, February 24, 2016. Dr. Donald Belsito, M.D., called as Defendants' 5th Witness. Examination of Dr. Donald Belsito, M.D., concluded. Jury Trial to continue on Thursday, February 25, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:11 (chmb) |
| 02/25/16 | 173 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, February 25, 2016. Dr. Edward W. Boyer, M.D., Ph.D., called as Defendants' 6th Witness. Examination of Edward W. Boyer, M.D., Ph.D., concluded. Jury Trial to continue on Monday, February 29, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:15 (chmb) |
| 02/29/16 | 179 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, February 29, 2016. Dr. Aaron B. Waxman, M.D., Ph.D., called as Defendants' 7th Witness. Examination of Dr. Aaron B. Waxman, M.D., Ph.D., concluded. Leanne Turner called a Defendants' 8th Witness. Jury Trial to continue on Tuesday, March 1, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:05 (chmb) |
| 03/01/16 | 185 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, March 1, 2016. Examination of Leanne Turner continues. Jury Trial to continue on Wednesday, March 2, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:46 (chmb) |
| 03/02/16 | 186 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, March 2, 2016. Examination of Leanne Turner concluded. James Lancaster called a Defendants' 9th Witness, by video deposition. Jury Trial to continue on Monday, March 7, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:28 (chmb) |
| 03/07/16 | 196 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Monday March 7, 2016. Examination of James Lancaster, by video deposition concluded. Timothy A. Ulatowski, M.S., called as Defendants' 10th Witness. Jury Trial to continue on Tuesday, March 8, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:51 (chmb) |
| 03/08/16 | 198 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 35th Day of Jury Trial Held on Tuesday, March 8, 2016. Examination of Timothy A. Ulatowski, M.S., concluded. Dr. William L. Griffin, M.D., called as Defendants' 11th Witness, by video deposition. Examination of Dr. William L. Griffin, M.D., concluded. Dr. Thomas K. Fehring, M.D., called as Defendants' 12th Witness, by video deposition. Examination of Dr. Thomas K. Fehring, M.D., concluded. Dr. Roger Emerson M.D., called as Defendants' 13th Witness. Jury Trial to continue on Wednesday, March 9, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 6:01 (chmb) |
| 03/09/16 | 213 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 36th Day of Jury Trial Held on Wednesday, March 9, 2016. Examination of Dr. Roger Emerson M.D., concluded. Plaintiffs Rest and Close. Defendants Rest and Close. Jury Trial to continue on Thursday, March 10, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver and Seth Roberts. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 5:02 (chmb) |
| 03/10/16 | 236 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 37th Day of Jury Trial Held on Thursday, March 10, 2016. The Court Charges the Jury. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Friday, March 11, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, Seth Roberts and Andrea Price. (Court Reporter: Pamela Wilson) (Exhibits admitted) Time in Court - 4:11 (chmb) |
| 03/11/16 | 237 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 38th Day of Jury Trial Held on Friday, March 11, 2016. Jury to continue deliberations on Monday, March 14, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb). |
| 03/14/16 | 238 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 39th Day of Jury Trial Held on Monday, March 14, 2016. Jury to continue deliberations on Tuesday, March 15, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (chmb) |
| 03/15/16 | 239 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 40th Day of Jury Trial Held on Tuesday, March 15, 2016. Jury to continue deliberations on Wednesday, March 16, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts, and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: 01 - (chmb) |
| 03/16/16 | 240 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 41st Day of Jury Trial Held on Wednesday, March 16, 2016. Jury to continue deliberations on Thursday, March 17, 2016 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Steve Quattlebaum, Rick Sarver, and Seth Roberts. (Court Reporter: Pamela Wilson) (No exhibits) (chmb) |
| 03/17/16 | 243 | ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 42nd Day of Jury Trial Held on Thursday, March 17, 2016. Jury Verdict Rendered. Plaintiff Verdict. Attorney Appearances: Plaintiff - Mark Lanier, Ernest Cannon, Richard Arsenault, Wayne Fisher, and Jane Conroy. Defense - Mike Powell, Seth Roberts and Andrew White. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court: :30. (chmb) |
| 03/17/16 | 242 | Court's Charge and Jury Verdict. (twd) |
| 07/05/16 | 269 | FINAL JUDGMENT: Pursuant to the jury's verdict returned on 3/17/2016, this Court renders judgment for Plaintiff Jay Christopher against Defendant DePuy Orthopaedics Inc, and Defendant Johnson & Johnson, jointly and severally, in the amounts described below. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Judge Ed Kinkeade on 7/5/2016) (twd) (Entered: 07/05/2016) |
| 09/13/18 | 310 |
SCHEDULING ORDER: Jury Trial set for 1/14/2019 at 09:00 AM before Judge Ed Kinkeade., Amended Pleadings are due from Plaintiffs by 9/24/2018 and from Defendants by 10/08/2018., Dispositive Motions due by 11/21/2018., Discovery due by 12/21/2018. (Ordered by Judge Ed Kinkeade on 9/13/2018) |