MCCLEERY et al v. ZIMMER INC et al

Consolidated
Lead case: 1:18-md-02859

New York Southern District Court
Judge:Paul A Crotty
Case #: 1:19-cv-04361
Nature of Suit367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability
Cause28:1332pl Diversity-Product Liability
Case Filed:May 14, 2019
Terminated:Jan 05, 2024
Last checked: Sunday Nov 10, 2019 3:21 AM EST
Defendant
Zimmer Biomet Holdings, Inc.
Defendant
Zimmer Inc.
Defendant
Zimmer US, Inc.
Plaintiff
Deborah Mccleery
Represented By
Kevin M. Fitzgerald
Nixon Peabody LLP
contact info
Plaintiff
John Mccleery
Represented By
Kevin M. Fitzgerald
Nixon Peabody LLP
contact info


Docket last updated: 04/29/2024 11:59 PM EDT
Friday, April 12, 2024
39 39 2 pgs order Order Fri 04/12 4:11 PM
ORDER. It is hereby ORDERED that no later than April 25, 2024, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed eight pages and shall provide the following information in separate paragraphs: 1. A list of all member cases that remain to be litigated ("Live Cases"); 2. Whether any case other than the Live Cases that remains open can be closed (administratively or otherwise), specifically addressing the status of Sullens, which is open but has had no docket activity since July 13, 2022; 3. The status of the Master Settlement Agreement ("MSA"), including but not limited to the timing and process for dismissal of any not-yet-dismissed cases that are part of the MSA and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/12/24) Filed In Associated Cases: 1:18-md-02859-JMF et al. (yv)
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Friday, January 05, 2024
38 38 order Stipulation and Order of Voluntary Dismissal Mon 01/08 8:50 PM
STIPULATION FOR DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the Plaintiff Jerry Adams, Plaintiff Eleanor Adamski; Plaintiff Paul Bradshaw; Plaintiff Ruth Hanna; Plaintiff Phyllis Hibbs; Plaintiff Joseph Jennings; Plaintiff Danny Kriseler; Plaintiff Robert Longdin; and Plaintiff Holly McDaniel; Plaintiff Eleanor Adamski; Robert J. Beres and LuAnn Beres; Attorney for Plaintiff Gerald P. DeMarco; Plaintiffs Thomas and Ruth Ann Demianczyk; Plaintiff Gary P. Durst; Plaintiff Cynthia Marino; Plaintiffs Phillip & Sarah Seale; and Plaintiffs Sisto & Joan Carol Tarquino; Plaintiffs Janice Aguirre, Plaintiffs Sam Ahlgren & Sheila Ahlgren, Plaintiff Marijo Chilli Green; Plaintiff Robert Helt; Plaintiff Christine Humphrey; As further set forth in this Order. In the above-captioned cases stipulate to a dismissal of the above-captioned cases with prejudice. The parties shall bear their own costs and attorney fees. The Clerk is directed to terminate all the dockets this order applies to. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/5/2024) (ks)
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Monday, December 11, 2023
37 37 misc Stipulation of Voluntary Dismissal Mon 12/11 5:02 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Zimmer Biomet Holdings, Inc., Zimmer US, Inc., Zimmer, Inc., Zimmer Biomet Holdings, Inc. and with costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Zimmer Biomet Holdings, Inc., Zimmer US, Inc, Zimmer, Inc., Brooke Adams, Jerry Adams, Kristine Adams, Eleanor Adamski, Janice Aguirre, Sam Ahlgren, Sheila Ahlgren, Sandra Albair, William Albair, Nathan Allen, Carol Anderson, Mary Anderson, Arla M. Angell, Gregory Archibald, Terri Archibald, Thomas Arnold, Dennis Artman, Jerome Atkins, Leonard Balewski, Ronald Barnes, Bruce Barott, Sandy Barott, Jan Bauman, Patricia Beaudoin, Lewis Bellas, Penny Bellas, Maureen Benner, Robert Beres, LuAnn Beres, h/w, Donna Berry, Sandra Borncamp, Janann Botzau, Thomas Botzau, Bruce Bourque, Sheryl Boyd, Paul Bradshaw, Stanley Brooks, Daniel Brosnan, Roberta Brosnan, Robalee Bruesewitz, Russell Bruesewitz, Lynn Buehring, Stephen Buehring, Eunice Buning, David Buterbaugh, Deborah Calvin, Martin Calvin, Robert Campbell, Donald Campeau, Susan Campeau, Diane Chase, Henri Chenard, Lee Chodorow, Diana Cipro, Michael Cipro, Gary Cohen, Jeannine Cohen, Corinne Coleman, Esther Conrad, Kenneth Conrad, Mary Curran, Nanci Ames Curtis, Nicholas Dahinden, Darcy Davis, Glen Davis, Norine Day, Ellen DeCotiis, Gerard DeMarco, Ruth Ann Demianczyk, Thomas Demianczyk, Pamela Dempsey, Thomas Denson, Carole Derifield, Michael Derifield, Deric DiGiuseppe, Paula Dimit, Dennis Doble, Lenora Doble, David Dodge, Linda Domagala, Joseph Donohue, Marion Donohue, Carole Dowling, Mary Downey, Alan Druskin, Gary Durst, Edward Erlichman, Katherine Erlichman, John Erskine, Melanie Erskine, Edith Escala, Gerald Escala, Magdalena Estrada, Raul Estrada, Julie Falcone, Marshall Fay, Janet Ferguson, Robert Fick, Jerod Field, Willi Field, Margaret Fig, Nancy Finn, Peter Finn, John Fiocchi, Mary Fiocchi, Dona Fitzgerald, Brenda Flanagin, Adele Flesher, Allen Flesher, Patricia Flora, Barbara Flores, Dennis Foley, Donna Foley, Caryn Foss, John Foss, David Gabler, Wendy Gabler, Marjorie Gajeski, Peter Gajeski, Elaine Gallo, Barbara Garlington, James Gayda, Edward Geisler, Debora Gellatly, Rosalind Gerst, Barbara Gibson, John Giegel, Bruce Gingrich, Kathryn Gingrich, Albert Girtz, Barbara Girtz, Jerry Glaze, Marlene Glaze, Todd Goode, Alfred Gosselin, Kathleen Gotham, Mary Graham-Fortin, Catherine Grannell, Stephen Grannell, Sarah Gray, Joseph Green, Marijo Green, Trudy Green, William Greene, Judy Grumet, Kerstin Gusterman, Debra Haddad, Louis Haddad, Felicia Ham, Diane Hammerling, Walter Hammerling, Ruth Hanna, Margie Hanns, Allin Harley, Judith Harms, Arthur Harris, Dianna Harris, Robert Harris, Paulette Hartley, John Hawkins, Joline Hayward, Robert Helt, Carol Heppner, Robert Heppner, Phyllis Hibbs, Daniel Hickey, Marilyn Hill, Matthew Hill, Ricardo Hinton, William Holland, William Hollenkamp, Marvin Hom, Janet Hone, Annemarie Hughes, Mark Hughes, Reynold Hulse, Christine Humphrey, Suzanne Jack, Caretha Jackson, Judith Jackson, Verl Jackson, Judith James, Robert James, Linda Jefferson, Joseph Jennings, Sherry Jessee, Ellen Johnson, Kyle Johnson, Janet Jones, Lana Jones, Peter Kellman, Mary Kelly, Betty Kennedy, Henry Kennedy, Keith Klobnak, Shelly Klobnak, James Knapton, Ilene Knight, Alan Koraltan, Lynda Koraltan, Thomas Kothman, Danny Kriseler, Tom Kucer, Richard Kulesza, Genevieve LaSota, John Lambe, Terrance Lambert, Steven Lane, Jeanette Laufer, Donald Laukka, Suzanne Laukka, Gary LeClair, Patricia League, Georgia Leeman, Marcianne Lewandowski, Jane Libby, Sandra Libby, Donald Liesch, Mary Jo Liesch, Anne Liguori, Joseph Little, Nancy Little, Robert Lloyd, Robert Longdin, Charles Lovell, Maureen Lovell, Margaret Lovering, Thomas Lovering, Janice Luckasavage, Robert Luckasavage, Gerald Lundholm, Patricia Lundholm, Kelli Maines, Steven Maines, Anthony Mannochio, Susan Mannochio, Gladys Marasti, Joseph Marasti, Cynthia Marino, Randis Marquardt, Odette Marquis, Robert Marquis, Maureen Martin, Richard Martin, Ernesto Martinez, Patricia Mather, Dorothy Maxwell, Don McAllister, Holly McDaniel, Ellen McDermott, Maryann McDonald, Deborah Mccleery, John Mccleery, Ronald Mertz, Kathleen Meservey, Jill Metzger, Pamela Michaud, William Michaud, Charles Michelsen, Serenah Michelsen, Donna Milito, Frank Milito, Donald Miller, Janice Miller, Linda Miller, Rosanne Mizzoni, Nancy Monsour, Nicholas Monsour, Janice Montez, Wanda Moon, Norman Moore, Susan Moore, Sharon Morgan, Thomas Morgan, Margaret Murray, Luigi Muzzin, John Myers, Corinne Myrhe, Rita Myrick, Judith Nagel, Jean Nattier, Daniel Nava, Leon Neeley, Sharon Neeley, David Ness, Frederick Ness, Wendy Ness, Jaromir Nesvadba, Miloslava Nesvadba, Susan Nolin, Donna Norrie, Concetta Norris, Carolyn Norton, Tamma Nutting, Jeremiah O'Shea, Edward Olsen, Donata Ouellette, Jack Palmer, Antonio Panebianco, Linda Panebianco, David Pastor, Paul Perala, Sandra Perala, Carolyn Perkins, Meredith Perkins, Stephen Perkins, Ralph Phelleps, Carolyn Plante, Sheila Plourde, Hildane Polky, Jackie Powell, Earle Pride, Susan Proetti, Gary Quattlebaum, Irene Quattlebaum, Linda Radach, Stephen Ray, Debra Reeder, Dennis Regnier, Leah Reinstein, Cheryl Rhoadarmer, Richard Rhoadarmer, Rian Rich, Neil Richardson, Susan Richardson, William Richardson, Jennifer Roberts, Mark Robinson, Dawn Rudolf, Pamela Salzmann, Richard Salzmann, Charlene Sandberg, Timothy Scott, Phillip Seale, Sarah Seale, Kay Seery, Cathy Senestraro, Joseph Shaw, Joyce Shiera, Donald Shumaker, Daryl Smith, Jaunt Smith, Judith Blackwell Smith, Julie Smith, Mark Smith, Robert Smith, Tammie Smith, Thomas Smith, Lawrence Snyder, Jenna Sondag, Timothy Sondag, Vicki Jo Spear, Cherie Spiegal, Jason Spiegal, Terry Steen, Kornelia Stephens, Jeffery Stevens, Judith Stevens, Barbara Stewart, Brooks Stoddard, James Strang, Joy Stroehmann, David Swim, Stacey Swim, Joan Tarquino, Sisto Tarquino, Pamela Thetford, James Thompson, Julie Thurston, Mary Tillay, Michael Torcasi, Suzanne Torcasi, Janna Torelli, Joseph Torelli, Pollyanna Torres, Richard Torres, Mary Trezza, Janene Trujillo, Ione Turner, Suzanne Vallee, David VanDaele, Tammy VanDaele, Bonnie Vandergrift, Gary Varney, Dominique Vermette, James Viania, Shannon Wainio, Carol Waldeier, Dianna Wallace, Rodney Wallace, Rachel Warnes, Robert Warnes, Sandra Waschow, Stanley Wegrzyn, Bruce Wehling, Susan Wehling, Marilyn Wellman, Steven Wellman, Becky White, Michael White, Fred Williams, Holly Williams, Robert Williams, Wanetta Witham, Wayne Witham, Gerald Wood, Ronald Woods, Yvonne Woods, Garrett Wright, Jeanne Wuornos, Ross Yagoda, Rebekah Yonan, Ronald Zabko, Valerie Zabko, David Zumwalt. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). .Filed In Associated Cases: 1:18-md-02859-PAC et al..(Powell, Sean)
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Wednesday, July 13, 2022
36 36 1 pgs order Order on Motion to Withdraw as Attorney Thu 07/14 2:23 PM
MEMO ENDORSEMENT in case 1:17-cv-02119-PAC; granting (583) Motion to Withdraw as Attorney. in case 1:18-md-02859-PAC. ENDORSEMENT: Permission to withdraw is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/13/2022) Filed In Associated Cases: 1:18-md-02859-PAC et al. (ate)
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Monday, May 09, 2022
notice Notice of Redesignation to Magistrate Judge Mon 05/09 3:10 PM
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (nb)
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Tuesday, October 19, 2021
35 35 misc Notice of Filing Transcript Tue 10/19 6:29 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(Moya, Goretti)
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34 34 misc Transcript Tue 10/19 6:22 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/7/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2021. Redacted Transcript Deadline set for 11/19/2021. Release of Transcript Restriction set for 1/17/2022.Filed In Associated Cases: 1:18-md-02859-PAC et al..(Moya, Goretti)
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Thursday, July 22, 2021
33 33 misc Notice of Filing Transcript Thu 07/22 11:52 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/14/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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32 32 misc Transcript Thu 07/22 11:47 AM
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/14/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Thursday, July 08, 2021
31 31 3 pgs order Order Thu 07/08 1:32 PM
ORDER NO. 61: Zimmer asks the Court to limit Plaintiff Nutting's affirmative deposition designations to 15 hours' worth of testimony, arguing that Plaintiffs current designations (which Zimmer estimates at 50 hours' worth) are over broad in light of the Court's order that each side will have five trial days (approximately 25-30 hours) for direct and cross examination. Defs.' Mot. Limit Pl.'s Dep. Designations 1 & n.1, 2, ECF No. 439.1 Plaintiff responds that these designations are all necessary, and that Zimmer's motion is premature-Plaintiff argues that the Court should not limit her designations until after the parties have winnowed them down through the objection and counter-designation process. Pl.'s Resp. to Defs.' Mot. Limit Pl.'s Dep. Designations 1-3, ECF No. 446. The Court will not limit the parties' designations at this time, but the parties are reminded that each side will have only five days in which to present its respective case-in-chief, and the Court will enforce those time limits. See In re Gen. Motors LLC Ignition Switch Litig., Nos. 14-MD-2543, 14-MC-2543, 2016 WL 4493863, at *1 (S.D.N.Y. Aug. 24, 2016). Accordingly, Zimmer's motion is denied. (As further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Crotty on 7/8/2021) Filed In Associated Cases: 1:18-md-02859-PAC et al. (va)
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Friday, June 04, 2021
30 30 misc Transcript Fri 06/04 4:47 PM
TRANSCRIPT of Proceedings re: conference held on 5/13/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2021. Redacted Transcript Deadline set for 7/6/2021. Release of Transcript Restriction set for 9/2/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Tuesday, April 27, 2021
misc Notice Regarding Pro Hac Vice Motion Tue 04/27 3:46 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (25 in 1:20-cv-01167-PAC, 21 in 1:20-cv-02986-PAC, 29 in 1:19-cv-09112-PAC, 59 in 1:19-cv-00141-PAC, 359 in 1:18-md-02859-PAC, 25 in 1:20-cv-01162-PAC, 29 in 1:19-cv-06695-PAC, 56 in 1:19-cv-00310-PAC, 27 in 1:19-cv-08110-PAC, 30 in 1:19-cv-08360-PAC, 30 in 1:19-cv-08356-PAC, 38 in 1:19-cv-02486-PAC, 39 in 1:19-cv-02646-PAC, 25 in 1:20-cv-00921-PAC, 29 in 1:19-cv-08766-PAC, 29 in 1:19-cv-06692-PAC, 31 in 1:19-cv-04651-PAC) MOTION for Basil E. Adham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-24459104. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-md-02859-PAC et al.(wb)
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Tuesday, April 13, 2021
29 29 misc Notice of Filing Transcript Tue 04/13 8:56 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/31/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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28 28 misc Transcript Tue 04/13 8:52 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/31/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Wednesday, February 10, 2021
27 27 misc Notice of Filing Transcript Wed 02/10 4:39 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/1/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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26 26 misc Transcript Wed 02/10 4:34 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 2/1/2021 before Judge Paul A. Crotty. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/11/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Wednesday, January 27, 2021
25 25 misc Notice of Filing Transcript Wed 01/27 12:41 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/15/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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24 24 misc Transcript Wed 01/27 12:35 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/15/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 3/1/2021. Release of Transcript Restriction set for 4/27/2021.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Tuesday, August 11, 2020
23 23 misc Notice of Filing Transcript Tue 08/11 5:58 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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22 22 misc Transcript Tue 08/11 5:52 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Thursday, June 18, 2020
21 21 misc Notice of Filing Transcript Thu 06/18 7:37 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/5/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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20 20 misc Transcript Thu 06/18 7:32 PM
TRANSCRIPT of Proceedings re: CONFERNECE held on 6/5/2020 before Judge Paul A. Crotty. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al..(McGuirk, Kelly)
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Wednesday, December 18, 2019
19 19 misc Notice of Filing Transcript Wed 12/18 3:42 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/12/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:18-md-02859-PAC et al.(McGuirk, Kelly)
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18 18 misc Transcript Wed 12/18 3:32 PM
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/12/2019 before Judge Paul A. Crotty. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/8/2020. Redacted Transcript Deadline set for 1/21/2020. Release of Transcript Restriction set for 3/17/2020.Filed In Associated Cases: 1:18-md-02859-PAC et al.(McGuirk, Kelly)
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Friday, October 18, 2019
17 17 3 pgs order Order Fri 10/18 3:59 PM
ORDER NO. 28: The Court accepts a modified version of the plans proposed by each of the parties. The parties and the Court, at a date to be suggested by the parties, will conduct a random drawing of cases to replace the three removed due to Lexecon objections, and will select two new cases in Category 1 and one new case in Category 2 from this Second Bellwether Selection Pool. The PEC shall obtain Lexecon waivers in advance for all cases to be entered in the Second Bellwether Selection Pool for random selection. The parties may confer on whether the Second Bellwether Selection Pool should include cases filed after the April 30, 2019 deadline imposed for the initial round of random selection, and whether the two cases filed in the Southern District of New York should be added, and inform the Court of their decision. See Order No. 19, Dkt. 102, at P 9(b ). Following this second round of random selection, the parties will be permitted to each exercise two strikes in each Category, filing Notices of Bellwether Strikes 16 days after the date of the random selection from the Second Bellwether Selection Pool, by 5 p.m. The parties will then return to the timetable laid out in Order No. 19 and amended in Order No. 26, filing briefs on the remaining eight cases to the Court 10 days after filing the Notices of Bellwether Strikes. See Order No. 19, Dkt. 102, at P 12; Order No. 26, Dkt. 139. Order No. 19 has always directed the bellwether selection process toward an end where this Court, after random selection and briefing on at least eight cases by the parties, selects the final four bellwether cases for trial, two from each Category. Order No. 19, Dkt. 102, at P 12. The plan adopted by this Order best respects the expectations of both parties as embodied in Order No. 19 and will ensure that the remaining cases are of "average and representative merit." Id. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/18/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al.(ks)
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Thursday, October 10, 2019
16 16 4 pgs order Order ~Util - Set Hearings Thu 10/10 5:30 PM
ORDER NO.27 MEMORIALIZING SEPTEMBER 26, 2019 STATUS CONFERENCE: The Court has set a control date of December 12, 2019, at 3 o'clock PM for the next status conference. The conference will occur in Courtroom 14-C of the Daniel Patrick Moynihan United State Courthouse, 500 Pearl Street, New York, New York 10007. Counsel should check in with the Courtroom Deputy at least fifteen minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in the Courtroom may not be reserved. No later than five (5) days prior to the Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the parties' tentative agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/10/2019) ( Status Conference set for 12/12/2019 at 03:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) Filed In Associated Cases: 1:18-md-02859-PAC et al.(ks)
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Tuesday, July 23, 2019
15 15 service Summons Issued Tue 07/23 2:50 PM
ELECTRONIC SUMMONS ISSUED as to Zimmer Inc.. (dnh)
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14 14 service Summons Issued Tue 07/23 2:48 PM
ELECTRONIC SUMMONS ISSUED as to Zimmer US, Inc.. (dnh)
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13 13 service Summons Issued Tue 07/23 2:46 PM
ELECTRONIC SUMMONS ISSUED as to Zimmer Biomet Holdings, Inc.. (dnh)
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Monday, July 22, 2019
12 12 service Request for Issuance of Summons Mon 07/22 1:28 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer, Inc., re:1 Complaint,,8 Complaint. Document filed by Deborah Mccleery, John Mccleery. (Fitzgerald, Kevin)
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11 11 service Request for Issuance of Summons Mon 07/22 1:27 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer US, Inc., re:1 Complaint,,8 Complaint. Document filed by Deborah Mccleery, John Mccleery. (Fitzgerald, Kevin)
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10 10 service Request for Issuance of Summons Mon 07/22 1:26 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Zimmer Biomet Holdings, Inc., re:1 Complaint,,8 Complaint. Document filed by Deborah Mccleery, John Mccleery. (Fitzgerald, Kevin)
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Thursday, July 18, 2019
9 9 order Scheduling Order Thu 07/18 6:15 PM
AMENDED SCHEDULE: Upon consideration of the parties' agreed-to proposed amended schedule, the Court adopts the following deadlines: Motions due by 8/13/2020. Responses due by 9/17/2020 Replies due by 10/5/2020. Fact Discovery due by 1/31/2020. (Signed by Judge Paul A. Crotty on 7/18/2019) Filed In Associated Cases: 1:18-md-02859-PAC et al. Pursuant to instructions from Chambers on 7/18/2019. (ks)
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Wednesday, May 29, 2019
8 8 cmp Complaint Wed 05/29 2:18 PM
COMPLAINT against Zimmer Biomet Holdings, Inc., Zimmer Inc., Zimmer US, Inc.. Document filed by John Mccleery, Deborah Mccleery.(Fitzgerald, Kevin)
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Tuesday, May 14, 2019
7 7 transfer Case Transferred In - District Transfer Tue 05/14 10:48 AM
MDL TRANSFERRED IN from the United States District Court - District of Maine; Case Number: 2:19-cv-00179. Original file certified copy of transfer order and docket entries received. (sjo)
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utility Case Accepted as Related Tue 05/14 10:50 AM
CASE ACCEPTED AS RELATED. Create association to 1:18-md-02859-PAC. (sjo)
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utility Case Consolidation - MDL Tue 05/14 10:50 AM
CONSOLIDATED MDL CASE: Create association to 1:18-md-02859-PAC. (sjo)
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utility Case Designated ECF Tue 05/14 10:51 AM
Case Designated ECF. (sjo)
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utility Case Designation Tue 05/14 10:51 AM
Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (sjo)
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misc Note to Out of State Attorneys Tue 05/14 10:52 AM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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notice Case Opening Initial Assignment Notice - Transfer Case Tue 05/14 10:52 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (sjo)
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Monday, May 13, 2019
6 6 MDL CERTIFIED TRANSFER ORDER (akr) [Transferred from Maine on 5/14/2019.]
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5 5 MDL CONDITIONAL TRANSFER ORDER (akr) [Transferred from Maine on 5/14/2019.]
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Monday, April 29, 2019
4 4 LETTER sent to MDL Panel. (bfa) [Transferred from Maine on 5/14/2019.]
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3 3 Summons Issued as to ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) [Transferred from Maine on 5/14/2019.]
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Att: 1 Zimmer US, Inc summons,
Att: 2 Zimmer, Inc summons
Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-2011819.), filed by JOHN MCCLEERY, DEBORAH MCCLEERY.(FITZGERALD, KEVIN) [Transferred from Maine on 5/14/2019.]
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Friday, April 26, 2019
2 2 CIVIL COVER SHEET. (bfa) [Transferred from Maine on 5/14/2019.]
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1 1 COMPLAINT against ZIMMER BIOMET HOLDINGS INC, ZIMMER INC, ZIMMER US INC with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by JOHN MCCLEERY, DEBORAH MCCLEERY. (Service of Process Deadline 7/25/2019) Fee due by 4/29/2019.(bfa) [Transferred from Maine on 5/14/2019.]
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