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UNITED STATES DISTRICT COURT

Northern District of Texas

David C. Godbey, Chief Judge
Karen Mitchell, Clerk of Court

MDL 2244 (Jury Trial 09/18/17)

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The following cases are related to:

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

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

 

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

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

 

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

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

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

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

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

09/18/17 86

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

09/18/17 87

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

09/18/17 88

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

09/18/17 89

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

09/1817 90

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

09/18/17 91

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

09/18/17 92

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

09/19/17 95

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

09/20/17 98

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

09/21/17 101

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

09/25/17 103

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

09/26/17 106

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

09/28/17 113

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

10/02/17 118

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

10/03/17 126

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

10/04/17 132

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

10/10/17 138

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

10/11/17 140

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

10/16/17 150

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 13th Day of Jury Trial Held on Monday, October 16, 2017. Dr. Jonathan Mallen, M.D., called as Plaintiffs' Seventh witness by video deposition. Video deposition of Dr. Jonathan Mallen, M.D., concluded. Jury Trial to continue on Tuesday, October 17, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:45

10/17/17 154

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 14th Day of Jury Trial Held on Tuesday, October 17, 2017. Leanne Turner called as Plaintiffs' Eighth witness. Jury Trial to continue on Wednesday, October 18, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:01

10/18/17 158

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 15th Day of Jury Trial Held on Wednesday, October 18, 2017. Counsel continue examination of Leanne Turner. Jury Trial to continue on Thursday, October 19, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:36

10/19/17 162

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 16th Day of Jury Trial Held on Thursday, October 19, 2017. Counsel continue examination of Leanne Turner. Jury Trial to continue on Friday, October 20, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:54

10/20/17 164

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 17th Day of Jury Trial Held on Friday, October 20, 2017. Dr. Bradley Gerber, M.D., called as Plaintiffs' Ninth witness by video deposition. Video deposition of Dr. Bradley Gerber, M.D., concluded. Jury Trial to continue on Monday, October 23, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 3:22

10/23/17 170

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 18th Day of Jury Trial Held on Monday, October 23, 2017. Counsel resume examination of Dr. Albert Burstein Ph.D. Jury Trial to continue on Tuesday, October 24, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Wayne Fisher. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:59

10/24/17 173

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 19th Day of Jury Trial Held on Tuesday, October 24, 2017. Counsel continue examination of Dr. Albert Burstein Ph.D. Jury Trial to continue on Wednesday, October 25, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Wayne Fisher. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Heleina Formoso and Kyle Siegel. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:52

10/25/17 175

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 20th Day of Jury Trial Held on Wednesday, October 25, 2017. Counsel conclude examination of Dr. Albert Burstein Ph.D. Defendants' Motion and Memorandum of Law in Support of Motion to Strike, and for an Instruction to the Jury that it Disregard, Plaintiffs' Counsel's Misleading Questioning of Dr. Thomas Schmalzried Regarding the Piedmont Foundations 2007 Tax Return, filed on October 15, 2017; Defendants' Motion and Memorandum of Law in Support of Motion for Jury Instruction on Duty to Warn Standard to Correct Plaintiffs' Counsel's Misrepresentation, filed on October 15, 2017; and Defendants' Motion to Strike and Memorandum of Law in Support of Motion to Strike the Supplemental Report of Mr. Antoni Nargol, filed on October 17, 2017, are DENIED as stated on the record. Counsel continue examination of Mr. Antoni Nargol. Jury Trial to continue on Thursday, October 26, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Wayne Fisher. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Heleina Formoso, Kyle Siegel, and Ryan Younger. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:54

10/26/17 176

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 21st Day of Jury Trial Held on Thursday, October 26, 2017. Counsel conclude examination of Mr. Antoni Nargol. Dr. Nicholas Athanasou, Ph.D., called as Plaintiffs' Tenth witness. Jury Trial to continue on Friday, October 27, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Dawn Chmielewski, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Ryan Younger. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:25

10/27/17 182

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 22nd Day of Jury Trial Held on Friday, October 27, 2017. Counsel conclude examination of Dr. Nicholas Athanasou, Ph.D. Jury Trial to continue on Monday, October 30, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Dawn Chmielewski, and Rachel Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Amber Davis-Tanner. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:55

10/30/17 184

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 23rd Day of Jury Trial Held on Monday, October 30, 2017. Dr. James Germano, M.D., called as Plaintiffs' Eleventh witness by video deposition. Video deposition of Dr. James Germano, M.D. concluded. Jury Trial to continue on Tuesday, October 31, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:31

10/31/17 188

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 24th Day of Jury Trial Held on Tuesday, October 31, 2017. Dr. Peter Terhaar, D.O., called as Plaintiffs' Twelfth witness by video deposition. Video deposition of Dr. Peter Terhaar, D.O., concluded. Dr. Graham Huckell, M.D., called as Plaintiffs' Thirteenth witness by video depostion. Video deposition of Dr. Graham Huckell, M.D., concluded. Jury Trial to continue on Wednesday, November 1, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:51

11/01/17 191

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 25th Day of Jury Trial Held on Wednesday, November 1, 2017. Dr. David M.S. Shein, M.D., called as Plaintiffs' Fourteenth witness by video depostion. Video deposition of Dr. David M.S. Shein, M.D., concluded. Hazel Miura called as Plaintiffs' Fifteenth witness. Jury Trial to continue on Thursday, November 2, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Leah Holder, Rachael Lanier and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, and Dennis Stolle. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:55

11/02/17 192

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 26th Day of Jury Trial Held on Thursday, November 2, 2017. Counsel concluded examination of Hazel Miura. Audra Stevens called as Plaintiffs' Sixteenth witness. Counsel conclude examination of Audra Stevens. Michael Stevens called as Plaintiffs' Seventeenth witness. Counsel conclude examination of Michael Stevens. Carole Alicea called as Plaintiffs' Eighteenth witness. Counsel conclude examination of Carole Alicea. Ramon Alicea called as Plaintiffs' Nineteenth witness. Counsel conclude examination of Ramon Alicea. Jury Trial to continue on Monday, November 6, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Laura Fitzgerald, Leah Holder, and Rachael Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Ryan Younger, and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:54

11/06/17 199

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 27th Day of Jury Trial Held on Monday, November 6, 2017. Counsel concluded examination of Leanne Turner. Yolanda Stevens called as Plaintiffs' Twentieth Witness. Counsel conclude examination of Yolanda Stevens. Eugene Stevens called as Plaintiffs' Twenty-First witness. Counsel conclude examination of Eugene Stevens. Aviva Barzel called as Plaintiffs' Twenty-Second witness. Counsel concluded examination of Aviva Barzel. Uriel Barzel called as Plaintiffs' Twenty-Third witness. Jury Trial to continue on Tuesday, November 7, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, Laura Fitzgerald, Dawn Chmielewski, Leah Holder, and Rachael Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Amber Davis-Tanner and Heleina Formoso. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:42

11/07/17 203

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 28th Day of Jury Trial Held on Tuesday, November 7, 2017. Counsel concluded examination of Uriel Barzel. Defendants' Memorandum of Law in Support of Renewed Motion to Exclude or, in the Alternative, Limit the Testimony of Dr. Bernard Morrey, filed on October 9, 2017, is DENIED as stated on the record. Counsel resume examination of Dr. Bernard Morrey, M.D. Jury Trial to continue on Wednesday, November 8, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, Laura Fitzgerald, Dawn Chmielewski, Leah Holder, and Rachael Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Amber Davis-Tanner, Kyle Siegel, Heleina Formoso and Ryan Younger. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 6:15

11/08/17 206

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 29th Day of Jury Trial Held on Wednesday, November 8, 2017. Counsel concluded examination of Dr. Bernard Morrey, M.D. Jury Trial to continue on Thursday, November 9, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, Laura Fitzgerald, Dawn Chmielewski, Leah Holder, and Rachael Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, Kyle Siegel, and Ryan Younger. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 5:50

11/09/17 207

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 30th Day of Jury Trial Held on Thursday, November 9, 2017. Karen Kirschner called as Plaintiffs' Twenty-Fourth witness. Counsel conclude examination of Karen Kirschner. Jury Trial to continue on Monday, November 13, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, Wayne Fisher, Laura Fitzgerald, Dawn Chmielewski, Leah Holder, and Rachael Lanier. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Kelley Olah. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 1:54

11/13/17 225

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 31st Day of Jury Trial Held on Monday, November 13, 2017. Plaintiffs Rest and Close. Defendants Rest and Close. The Court DENIES Defendants' Motions for Mistrial, and Motion to Strike and Memorandum of Law in Support of Motion to Strike Plaintiffs Re-Direct Examination of Dr. Bernard Morrey, as stated on the record. The Court charges the Jury. Jury Trial to continue on Tuesday, November 14, 2017 at 9:00 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle and Steve Harburg. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 4:10

11/14/17 230

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 32nd Day of Jury Trial Held on Tuesday, November 14, 2017. Closing Statements Held. Jury in deliberations. Jury to continue deliberations on Wednesday, November 15, 2017 at 8:30 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, John Tull, Bruce Hurley, Dennis Stolle, and Amber Davis-Tanner. (Court Reporter: Pamela Wilson) (Exhibits Admitted) Time in Court - 3:53

11/15/17 231

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 33rd Day of Jury Trial Held on Wednesday, November 15, 2017. Jury Deliberating. Jury Notes 1, 2, and 3 received and responded to by the Court. Jury to continue deliberations on Thursday, November 16, 2017 at 8:30 a.m. Attorney Appearances: Plaintiff - Mark Lanier, Richard Arsenault, Jayne Conroy, and Jennifer Hoekstra. Defense - Steve Quattlebaum, Tracie Renfroe, and Amber Davis-Tanner. (Court Reporter: Pamela Wilson/Todd Anderson) (No Exhibits Admitted) Time in Court - :20

11/16/17 235

ELECTRONIC Minute Entry for proceedings held before Judge Ed Kinkeade: 34th Day of Jury Trial Held on Thursday, November 16, 2017. Jury Verdict rendered. Plaintiff verdict. Jury trial concluded. Plaintiff - Mark Lanier, Richard Arsenault, and Jayne Conroy. Defense - Steve Quattlebaum and Tracie Renfroe. (Court Reporter: Pamela Wilson/Todd Anderson) (No Exhibits Admitted) Time in Court - :50

11/16/17 237

Court's Charge to the Jury and Jury Verdict.

08/29/18 244

FINAL JUDGMENT: Pursuant to the jury's verdict returned on 11/16/2017, this Court renders judgment for Plaintiff Ramon Alicea and Plaintiff Carole Alicea in the amounts described below. For Plaintiff Ramon Alicea against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $2,874.24 for medical expenses sustained in the past; - $1,308,711.36 for future medical expenses; - $1,000,000.00 for past pain and suffering; - $9,000,000.00 for future pain and suffering; This Court also renders judgment for Ramon Alicea for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. For Plaintiff Carole Alicea against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $500,000 for past loss of consortium; Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

 

 

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

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

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

09/01/17 79

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

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

 

 

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

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

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

09/01/17 83

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

08/29/18 243

FINAL JUDGMENT: For Plaintiff Hazel Miura against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $2,000,000.00 for past pain and suffering; - $12,000,000.00 for future pain and suffering; - $0.00 for medical expenses sustained in the past; - $1,740,800.00 for future medical expenses; This Court also renders judgment for Hazel Miura for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

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

 

 

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

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

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

09/01/17 76

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

08/29/18 234

FINAL JUDGMENT: Pursuant to the jury's verdict returned on 11/16/2017, this Court renders judgment for Plaintiff Michael Stevens and Plaintiff Audra Stevens in the amounts described below. For Plaintiff Michael Stevens against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $35,705.57 for medical expenses sustained in the past; - $1,000,000 for future medical expenses; - $800,000.00 for past pain and suffering; - $7,500,000.00 for future pain and suffering; This Court also renders judgment for Michael Stevens for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. For Plaintiff Audra Stevens against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $500,000 for past loss of consortium; Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

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

 

 

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

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

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

09/01/17 76

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

08/29/18 234

FINAL JUDGMENT: Pursuant to the jury's verdict returned on 11/16/2017, this Court renders judgment for Plaintiff Eugene Stevens and Plaintiff Yolanda Stevens in the amounts described below. For Plaintiff Eugene Stevens against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $664.56 for medical expenses sustained in the past; - $906,272.01 for future medical expenses; - $800,000.00 for past pain and suffering; - $7,000,000.00 for future pain and suffering; This Court also renders judgment for Eugene Stevens for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. For Plaintiff Yolanda Stevens against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $100,000 for past loss of consortium; Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

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

 

 

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

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

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

09/01/17 78

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

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

 

 

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

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

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

0901/17 79

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

08/29/18 237

FINAL JUDGMENT: Pursuant to the jury's verdict returned on 11/16/2017, this Court renders judgment for Plaintiff Uriel Barzel and Plaintiff Aviva Barzel in the amounts described below. For Plaintiff Uriel Barzel against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $264,201.45 for medical expenses sustained in the past; - $1,325,000.00 for future medical expenses; - $3,000,000.00 for past pain and suffering; - $6,250,000.00 for future pain and suffering; This Court also renders judgment for Uriel Barzel for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. For Plaintiff Aviva Barzel against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $600,000 for past loss of consortium; Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

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

 

 

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

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

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

09/01/17 74

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

08/29/18 230

FINAL JUDGMENT: Pursuant to the jury's verdict returned on 11/16/2017, this Court renders judgment for Plaintiff Karen Kirschner in the amounts described below. For Plaintiff Karen Kirschner against Defendant DePuy Orthopaedics, Inc., and Defendant Johnson & Johnson, jointly: - $2,500,000.00 for past pain and suffering; - $15,000,000.00 for future pain and suffering; - $137,422.94 for medical expenses sustained in the past; - $3,000,000.00 for future medical expenses; This Court also renders judgment for Karen Kirschner for punitive damages in the amounts of $13,000,000.00 against Defendant DePuy Orthopaedics, Inc. and $15,000,000.00 against Defendant Johnson & Johnson. Post-judgment interest shall accrue at the applicable allowable rate. Any relief not expressly granted herein is DENIED. This is a FINAL JUDGMENT with respect to all claims and parties. 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 8/29/2018)

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