DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation
| Master Docket Number: | 1:10-md-2197 |
| Presiding Judge: | Jeffrey J. Helmick |
| Chambers | 419-213-5690 |
| 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, 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 |
| Defendants' Liaison Counsel: | Jessica Brennan Drinker Biddle & Reath 600 Campus Drive Florham Park, NJ 07932 973-549-7164 Email: jessica.brennan@dbr.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 |
| 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 Catherine A. Yanni |
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 |
| Case Management Order No. 24 | Stipulated Order Regarding Non-Revision Cases | 10/30/2014 |
| Exhibit A to Case Management Order No. 24 | Election Form for Non-Revised Plaintiffs | 10/30/2014 |
| Exhibit B to Case Management Order No. 24 | Proposed Interrogatories for Unrevised Plaintiffs | 10/30/2014 |
| Order | Re: Post August 31, 2013 Cases | 10/31/2014 |
| Order | Re: Noncompliance with Case Management Order 23 | 11/4/2014 |
| Order | Order setting open court conference on January 7, 2015 at 10:30 a.m. in the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida. The open court conference will be held in Courtroom #1, Fourth Floor. | 11/20/2014 |
| Case Management Order No. 24A | Re: Extension of Election Deadline | 12/24/2014 |
| Order | Order vacating previously scheduled open court status conference on January 7, 2015 and rescheduling the open court conference to January 30, 2015 at 10:30 a.m. | 1/2/2015 |
| Order | Order setting open court conference on January 30, 2015 at 10:30 a.m. at the Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida, in Courtroom No. 6m Third Floor. | 1/12/2015 |
| Order | Order granting Defendant's unopposed motion for entry of dismissal with prejudice as to the cases listed on Exhibit A (see below). | 1/15/2015 |
| Exhibit A to Order | List of cases to be dismissed with prejudice per Order dated 1/15/2015. | 1/15/2015 |
| Order | Open court status conference set for 1/30/15 is vacated until further order. | 1/27/2015 |
| Order | Order granting Motion for Entry of Dismissal with Prejudice (ECF Doc. 878) | 2/10/2015 |
| Exhibit A to Order dated 2/10/2015 | Exhibit A to Order dated 2/20/2015. | 2/10/2015 |
| Joint Status Report Regarding U.S. Settlement Program | The Settlement Oversight Committee and DePuy Orthopaedics, Inc. are pleased to announce to the Court an agreement which would effectively extend the existing U.S. Settlement Program to U.S. citizens/residents with ASRTM hips, who had revision surgery on or before January 31, 2015, subject to the terms and conditions of the Program. Claim form information will be made available at the administrator’s website later next month. | 2/20/2015 |
| Order | Order Status Conference set for 4/14/2015 at 10:00 AM at Paul G. Rogers Federal Building and United States Courthouse, West Palm Beach, Florida. Attorneys wishing to bring electronic equipment of any kind are required to notify Court as stated herein by 4/3/2015. | 3/06/2015 |
| Order | Order granting Defendant's Unopposed Motion for Entry of Dismissal with prejudice as to the cases listed on Exhibit A (ECF Doc. 899). | 3/25/2015 |
| Exhibit A to Order dated 3/25/2015 | List of cases to be dismissed with prejudice per Order dated 3/25/2015. | 3/25/2015 |
| Case Management Order No. 24B | Re: Extension of Election Deadlines re: Non-Revision Plaintiffs | 4/01/2015 |
| Order | Amended Stipulated Order of Dismissal Without Prejudice for Non-Revised Plaintiffs Under CMO 24 (ECF Doc. 908), | 4/27/2015 |
| Exhibit A | Exhibit A to Amended Stipulated Order of Dismissal Without Prejudice for Non-Revised Plaintiffs. | 4/27/2015 |
| Case Management Order No. 18A | Re: Discovery Obligations for Plaintiffs Enrolled in the U.S. Settlement Program | 5/18/2015 |
| Amended Case Management Order No. 24 | Re: Non-Revision Cases | 9/10/2015 |
| Redline of Amendments to Case Management Order No. 24 | Exhibit to CMO No. 24: Redline of Amendments to CMO 24 | 9/10/2015 |
| Case Management Order No. 25 | Re: Fee Committee | 10/14/2015 |
| Case Management Order No. 19A | Extending CMO No. 19 and Approving the Amendment to ASR Settlement Escrow Agreement | 11/16/2015 |
| Order | Order re: Motion to Dismiss (ECF Doc. 971) and Establishing Procedure to Ensure Dismissal of the Appropriate Cases | 11/30/2015 |
| Case Management Order No. 19B | Approving the Second Amendment to ASR Settlement Escrow Agreement | 11/30/2015 |
| Order | Order Approving Award and Allocation of Common Benefit Fees | 11/30/2015 |
| Order | Third Amendment by Interlineation to Amended Case Management Order No. 13 | 11/30/2015 |
| Order | The Court will conduct an open court conference on July 26, 2016, at 11:00 a.m. in Courtroom 204 at the James M. Ashley and Thomas W.L. Ashley U.S. Courthouse in Toledo, Ohio. | 6/23/2016 |
| Case Management Order No. 26 | Re: Plaintiffs' Counsel Compliance with Electronic Filing Policies and Procedures | 7/8/2016 |
| Order | Order vacating the July 26, 2016 Open Court Conference until further Order of the Court. | 7/15/2016 |
| Order | Dismissing with prejudice cases listed in Appendix A per Defendants' Oral Motion | 10/11/2016 |
| Stipulation & Order | Dismissals without prejudice for Non-Revised Plaintiffs under CMO 24 as listed in Appendix A | 10/11/2016 |
| Order | Dismissal of Bilateral Cases Funded on Both Sides identified in the attached Appendix A | 10/11/2016 |
| Order | Open Court Conference November 10, 2016 at 1:00 p.m. Courtroom 16B, Carl B. Stokes U.S. Courthouse 801 West Superior Avenue, Cleveland Ohio 44113 | 10/20/2016 |
| Order No. 27 | Reminder of Registration Update Obligations | 11/8/2016 |
| Stipulation & Order | Stipulation Regarding Amended CMO 24 Dismissals regarding Plaintiffs from Louisiana and Mississippi | 11/17/2016 |