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MDL 2197 |
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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' Liaison Counsel-California: | James G. O'Callahan Girardi, Keese 1126 Wilshire Blvd. Los Angeles, CA 90017 213-977-0211 Fax: 213-481-1554 Email: jgocallahan@girardikeese.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 |
| 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 |
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 |