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MDL 2197

 
 

 

DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation

 

 

Master Docket Number: 1:10-md-2197
Presiding Judge: David A. Katz
Chambers 419-213-5710
Description The actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device,3 the ASR Hip Resurfacing System, in August 2010.
Plaintiffs' Liaison Counsel: Michelle L. Kranz
Zoll, Kranz & Borgess
Ste. 200
6620 Central Avenue
Toledo, OH 43617
419-841-9623
Fax: 419-841-9719
Email: michelle@toledolaw.com
Plaintiffs' Lead Co-Counsel Ellen Relkin
Weitz & Luxenberg
700 Broadway
New York, NY  10003
212-558-5500
212-344-5461
erelkin@weitzlux.com

Steven J. Skikos
625 Market Street, 1st Floor
San Francisco, CA 94105-3302
888-813-2934
415-546-7301
sskikos@skikoscrawford.com
Defendants' Liaison Counsel: Kristen L. Mayer
Tucker Ellis & West
1150 Huntington Bldg.
925 Euclid Avenue
Cleveland, OH 44115-1475
216-696-3258
Fax: 216-592-5009
Email: kmayer@tuckerellis.com
Defendants' Co-Lead Counsel: Susan M. Sharko
Drinker Biddle & Reath - Florham Park
500 Campus Drive
Florham Park, NJ 07932
973-549-7350
Fax: 973-360-9831
Email: susan.sharko@dbr.com

Robert C. Tucker
Tucker, Ellis & West
1150 Huntington Bldg.
925 Euclid Avenue
Cleveland, OH 44115
216-592-5000
Fax: 216-592-5009
Email: rtucker@tuckerellis.com
Plaintiffs' Liaison Counsel-New Jersey: Christopher M. Placitella
Wilentz, Goldman & Spitzer
Ste. 900
90 Woodbridge Center Drive
P.O. Box 10
Woodbridge, NJ 07095
732-855-6094
Fax: 732-855-6117
Email: placic@wilentz.com
Claims Administrator: Hon. James J. McMonigle
1375 East Ninth Street
2100 One Cleveland Center
Cleveland, OH  44114-1724
Special Masters: Hon. Marina Corodemus
120 Wood Avenue, South
Iselin, NJ 08830

Hon. John K. Trotter
JAMS
500 North State Collete Blvd., 14th Floor
Orange, CA 92868

Catherine A. Yanni
JAMS
Two Embarcadero Center, Suite 1500
San Francisco, CA  94111

 

Orders Pertaining to MDL 2197

 

10md2197 Transfer Order Initial Transfer Order from Judicial Panel on Multidistrict Litigation 12/7/2010
Order Applications for leadership committee due by 12/23/10. 12/7/2010
Case Management Order No. 1 Case Management Order No. 1 12/23/2010
Order Status Conference set for 1/20/2011 at 9:00 AM at the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida 12/16/2010
Case Management Order No. 2 Direct Filing of Cases 1/7/2011
Notice to Attorneys Notice to Attorneys involved in MDL Docket No. 2197 12/13/2010
Case Management Order No. 3 Counsel listed herein designated to act on behalf of parties as stated herein. 1/26/2011
Order Status Conference re-scheduled for April 5, 2011 in West Palm Beach, Florida 3/4/2011
Stipulated Protective Order Stipulated Protective Order of Confidentiality 4/6/2011
Explant Preservation Order Amended Stipulated Explant Preservation Order 4/6/2011
Explant Preservation Exhibit Exhibit A to Amended Stipulated Explant Preservation Order 4/6/2011
Case Management Order No. 4 Amended Case Management Order No. 4 - Short Form Complaints 4/6/2011
Short Form Complaint Exhibit 1 Amended Case Managament Order No. 4 4/6/2011
Defendants' Master Answer Exhibit 2 Amended Case Managment Order No. 4 4/6/2011
Case Management Order No. 5 Preliminary Disclosure Form. 6/2/2011
Amended Stipulated Protective Order Amended Stipulated Protective Order of Confidentiality 6/2/2011
Amended Case Management Order No. 5 Amended Case Management Order No. 5 - Preliminary Disclosure Form 6/17/2011
Case Management Order No. 6 Re production of all electronic information 6/22/2011
Order Status Conference to be held on July 26, 2011 at 1:30p.m. (PDT) in Courtroom 304, Civic Center Court House, 400 McAllaister Street, San Francisco, California 94102
7/5/2011
Amended Case Management Order No. 7 Deposition Guidelines for Plaintiffs who are In Extremis 7/29/2011
Case Management Order No. 8 Timing of filing of Defendants' Master Answer 9/9/2011
Amended Case Management Order No. 9 Plaintiff Fact Sheet 9/26/2011
Amended Case Management Order No. 10 Defendant Fact Sheet 9/26/2011
Summons Sample: Summons with Rider 10/7/2011
Case Management Order No. 11 Motions pending in transferor courts 10/31/2011
Amended Order Open court conference on 11/22/11 reset to 12:30 p.m. in Courtroom 204 before Judge David A. Katz 11/9/2011
Case Management Order No. 12 Amended stipulated protective order of confidentiality 11/22/2011
Order Status Conference held on 11/22/2011. Next status conference set for 1/23/2012 in West Palm Beach, Florida. 11/28/2011
Case Management Order No. 13 Common Benefit Fund 11/28/2011
Amended Case Management Order No. 13 Establishing DePuy Orthopaedics, Inc. ASR Hip Implant Fee and Expense Funds 12/21/2011
Order Document 332 Status Conference with Executive Committee set for 1/23/12 at 10:00 am; Open court conference set for 11:30 AM at Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida 1/9/2012
Order Document 337 Notice of Case Management Conference set for 1/23/12 in West Palm Beach, Florida
1/11/2012
Stipulaton by Interlineation Stipulation by Interlineation to Amended Case Management Order No. 13 1/17/2012
Order Document 353  Regarding Depositions 1/27/2012
Order Document 361  Status Conference with Executive Committee set for 3/15/12 at 10:00 AM in West Palm Beach, Florida. Open court conference at 11:30 AM. 2/16/2012
Order  Status Conference set for 3/15/2012 is vacated. 3/5/2011
Order Document 379  Telephone Conference held on 3/15/2012. Status Conference set for 5/1/2012 at 12:00 and Open Court Conference set for 2:00pm on Fourth Floor of  West Palm Beach Courthouse, Florida 3/5/2011
Amended Order  Status conference with Executive Committee set for 5/1/12 moved to 11:30 am; Open court conference moved to 12:30 pm. All other dates remain the same. 4/10/2012
Order Open Court Conference conducted on May 1, 2012. Next status conference scheduled for June 5, 2012. 5/10/2012
Order  Status Conference with Executive Committee set for 7/25/12 at 9:30 AM; open court conference at 11:30 AM in Courtroom 16A, Carl B. Stokes U.S. Court House, Cleveland, Ohio 6/11/2012
Case Management Order No. 14  Status Conference held on 7/25/12 in Cleveland, OH before David A. Katz. Bellwether cases to be selected by 8/8/12. Discovery on bellwether cases due by 11/1/12 as stated herein. Designation of cases for bellwether trial due by 12/1/12 as stated herein. First bellwether trial set for 5/6/12; Second bellwether trial set for 7/8/13 as stated herein. 7/26/2012
Order  Telephone Conference held on 8/6/12. Status Conference set for 10/3/12 at 9:00 AM with Executive Committee. Open court session 11:00 am in Courtroom 204 before David A. Katz 8/10/2012
CMO No. 6 Supplement Order Supplementing Case Management Order No. 6 9/20/2012
Order Status Conference delayed until after first of year 2013 11/20/2012
Status Order Conference set for 1/10/2013 with Executive Committee at 11:00 AM; open court conference at 1:00 PM at the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida, in Jury Deliberation Room associated with Courtroom #2, Fourth Floor. Attorneys to notify Catherine Wade-Babyak on or before 1/4/13 as stated herein. 12/27/2012
Bellwether Designation Order  Cases 1:11dp20112 (Faye Dorney-Madgitz) and 1:11dp20485 (Ann McCracken) selected for trial. 12/27/2012
Order Status Conference held on 1/10/13. Further Status Conference set for 2/13/13 with Executive Committee at 12:00 PM and open court conference at 2:00 PM at the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida. 1/22/2013
Order  Status Conference held on 2/13/13. Open court Status Conference set for 3/27/13 at 1:00 pm in Courtroom 204, James M. Ashley and Thomas L. Ashley U.S. Courthouse Toledo, Ohio. Executive Committee conference at 10:00 am. 2/28/2013
Second Amended CMO No. 15 Supplemental Plaintiff Disclosure Form with Attachments: # 1 ASR Supplemental Plaintiff Disclosure Form;  # 2 Authorization Form 4/2/2013
Trial Order 1:11-dp-20112 The Court vacates the current trial date of June 3, 2013 as well as the previously scheduled final pretrial. This trial is continued to September 9, 2013 at 9:00 AM in Courtroom 224. The Court will conduct a status conference with the leadership to address a briefing schedule on May 14, 2013, at 9:00 a.m. in Chambers. 5/7/2013
Order The trial date of September 9, 2013, is vacated in Dorney-Madgitz v. DePuy, Case No. 1:11 dp 20112. The Court has scheduled McCracken v. DePuy, Case No 1:11 dp 20485, to be tried as the first bellwether trial in Courtroom 17A of the Carl B.Stokes U.S. Courthouse, 801 West Superior Avenue, Cleveland, Ohio 44113 on September 9, 2013. 7/8/2013
Order 1:11-dp-20485  Jury Trial scheduled for 9/9/13 is  reset for 9/24/13 at 9:00 AM  and will commence following voir dire by Magistrate Judge Baughman on the same date in Courtroom 17A of the Carl B. Stokes U.S. Courthouse. 9/6/2013
Order 1:11-dp-20485 Voir Dire Setting forth procedural schedule in preparation for conducting voir dire (Related Doc # 100 ). The Voir Dire will commence on 9/24/2013 at 09:00 AM in Courtroom 17A before Magistrate Judge William H. Baughman, Jr. 9/6/2013
Order 1:11-dp-20485 In the interests of justice, judicial economy and to protect the interests of the parties, the adjourned trial date of 9/24/2013 is set aside and continued to the call of the Court, trial to be set to commence within (90) days. 9/20/2013
Order The Court will conduct an Open Court Conference on 11/19/2013 at 04:30 PM in Courtroom 204 before Judge David A. Katz at the James M. Ashley U.S. Courthouse in Toledo, Ohio. 11/15/2013
Case Management Order 16 Order for Appointment of Plaintiffs' Settlement Oversight Committee. 11/18/2013
Case Managment Order No. 17 .Appointment of Claims Administrator and Special Masters. 11/22/2013
Order Regarding registration of ASR related cases and claims 11/22/2013
Order Re access to settlement information. 11/22/2013
Amended Case Management Order No. 8 Re Defendants' Master Answer 12/5/2013
Case Management Order No. 18 Re Plaintiff Enrollment in U.S. Settlement Program. 1/31/2014
Order Oral Argument set for 2/26/2014 at 9:00 AM in Courtroom #2 at the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida. Objections to the Motion to Modify shall be filed no later than 5:00 p.m. (EST) on 2/21/14. 2/13/2014
Order  Amending CMO 13 re increasing attorney hold back to 5% (Related Doc # 671 ) 3/3/3024
Notice Re Walk Away Rights 5/20/2014
Case Management Order No. 19 Approving ASR settlement escrow agreement. 5/21/2014
Case Management Order No. 20 Procedure for Filing Qualified Settlement Fund Motions and Exhibit 1 - Form 6/4/2014
Notice Re Registration Update 6/13/2014
Amended Case Management Order No. 20 Re Qualified Settlement Fund Motions. 6/17/2014
Joint Report Re Status of U.S. Program 6/27/2014
Order The Court will hold an open court status conference on July 18, 2014 at 9:30 a.m. at the James M. Ashley and Thomas W. L. Ashley U.S. Courthouse in Toledo in Courtroom 204. Items to be addressed include: (1) a Progress Report on the MDL by the leadership; and (2) oral argument on the pending motions in Case Nos. 12dp21530, 11dp22602, 11dp23003, and 12dp20410. 6/30/2014
Amended Order 

The Court will hold an open court status conference on July 18, 2014 at 9:30 a.m. at the James M. Ashley and Thomas W. L. Ashley U.S. Courthouse in Toledo in Courtroom 204. Items to be addressed include: (1) a Progress Report on the MDL by the leadership;  (2) oral argument on the pending motions in Case Nos. 12dp21530, 11dp22602, 11dp23003, and 12dp20410 ; and (3) Defendants’ Motion for an entry of a Case Management Order (Doc. No. 741) with respect to all Plaintiffs who have had a revision surgery on or before August 31, 2013 who are represented by the law firms of Parker McDonald and Harrison Davis Steakley Morrison.

7/14/2014
Plaintiff's Status Report  An update on various issues that remain pending both here in the MDL and in various state court cooperating jurisdictions. 7/16/2014
Case Management Order No. 21 Re Discovery in Cases Listed in Attached Appendix 7/22/2014
Order Counsel for Defendants reported agreement to terms for Case Management Order re discovery of Non-Opt-In Plaintiffs represented by Parker McDonald and Harrison Davis Steakley. Oral argument on pending motions in Case Nos. 12dp21530, 11dp22602, 11dp23003, and 12dp20410 deferred as counsel advised Court of agreement which moots motions and stays proceedings re Special Master. 7/22/2014
Case Management Order No. 22 Re Settlement Program Enrollment. 8/14/2014
Case Management Order 23 Re failure to comply with registration of ASR related cases and claims. 8/29/2014
Amended Order Amendment to Registration Order Re: Unrevised Plaintiffs or Claimants 10/17/2014