Casey v. Wright Medical Technology Inc et al
Consolidated
Lead case: 4:20-md-02949
Lead case: 4:20-md-02949
| Arkansas Eastern District Court | |
| Judge: | Kristine G Baker |
| Case #: | 4:20-cv-00958 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Petition for Removal- Product Liability |
| Case Filed: | Aug 19, 2020 |
| Terminated: | Jan 24, 2023 |
| Case in other court: | USDC Arizona, 2:19-cv-05360 |
| Last checked: Monday Feb 15, 2021 3:22 AM CST |
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Defendant
Does
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Defendant
Wright Medical Technology Inc
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Represented By
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Plaintiff
Theresa I Casey
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Represented By
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GPO
Feb 13 2020
ORDER - IT IS THEREFORE ORDERED that Defendant Wright Medical Technology, Inc.'s Partial Motion to Dismiss (Doc. 11) is granted in part and denied in part. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's negligent misrepresentation claim is dismissed, with leave to amend by February 28, 2020. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's prayer for punitive damages is dismissed, with prejudice. Signed by Senior Judge Neil V Wake on 2/13/2020. (WLP)[Transferred from azd on 8/19/2020.] |
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GPO
Jan 24 2023
ORDER adopting 42 stipulation of dismissal; and dismissing the action with prejudice, with each party to bear its own costs and fees. Signed by Judge Kristine G. Baker on 1/24/2023. (jbh) |
| Docket last updated: 05/08/2025 11:59 PM CDT |
| Tuesday, January 24, 2023 | ||
| 43 | 43
1
pgs
order
Order Dismissing Case
Tue 01/24 9:14 AM
ORDER adopting42 stipulation of dismissal; and dismissing the action with prejudice, with each party to bear its own costs and fees. Signed by Judge Kristine G. Baker on 1/24/2023. (jbh) |
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| Thursday, January 19, 2023 | ||
| 42 | 42
misc
Stipulation of Dismissal
Thu 01/19 2:05 PM
STIPULATION of Dismissal With Prejudice by Wright Medical Technology Inc. (Ash, Dana) |
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| Wednesday, January 12, 2022 | ||
| 41 | 41
4
pgs
order
Order
Wed 01/12 12:11 PM
ORDER FOR FURTHER DOCUMENTATION OF PLAINTIFFS' ALLEGED INJURIES directing that each plaintiff with a case pending in this MDL shall, within 30 days of the date of this Order, provide the information and the supporting documentation required by "Exhibit A." For any cases subsequently filed in the MDL after the date of this Order, the plaintiff is required to complete and submit Exhibit A and the requested materials within 30 days of filing the complaint. Service of the completed Exhibit A and the supporting documentation shall be made electronically, via email, as specified by this Order. Signed by Judge Kristine G. Baker on 1/12/2022. (kth) |
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| Thursday, March 11, 2021 | ||
| 40 | 40
10
pgs
order
Order
Thu 03/11 11:56 AM
CASE MANAGEMENT ORDER No. 1. Signed by Judge Kristine G. Baker on 3/11/2021. (jbh) |
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| Thursday, January 14, 2021 | ||
| 39 | 39
7
pgs
order
Order
Thu 01/14 11:38 AM
AMENDED ORDER re: defendants' leadership including liaison and co-lead counsel and scheduling of telephone conference. Signed by Judge Kristine G. Baker on 1/14/2021. (jbh) |
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| Monday, January 04, 2021 | ||
| 38 | 38
notice
Notice of Change of Address
Mon 01/04 5:08 PM
NOTICE of Change of Address by Theresa I Casey (Casey, Timothy) |
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| Monday, December 07, 2020 | ||
| 37 | 37
8
pgs
order
Order
Mon 12/07 4:32 PM
ORDER re: telephone hearing on 11/30/2020, convened with counsel for the limited purpose of addressing plaintiffs' leadership including liaison and co-lead counsel. Signed by Judge Kristine G. Baker on 12/7/2020. (jbh) |
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| Friday, November 20, 2020 | ||
| 36 | 36
8
pgs
order
Order
Fri 11/20 3:55 PM
ORDER re: scheduling of initial conferences. Signed by Judge Kristine G. Baker on 11/20/2020. (jbh) |
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| Sunday, November 08, 2020 | ||
| 35 | 35
notice
Notice of Appearance
Sun 11/08 12:41 PM
NOTICE of Appearance by George E. McLaughlin on behalf of Theresa I Casey (McLaughlin, George) |
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| Thursday, October 29, 2020 | ||
| 34 | 34
2
pgs
order
Order
Thu 10/29 3:05 PM
LETTER/ORDER scheduling an initial organizational meeting by telephone conference on 11/30/2020 at 10:30 a.m. The deadline for submitting proposals for a structure of the organization of plaintiffs' counsel is due 11/20/2020. It would be helpful to receive by 11/20/2020 a summary of the procedural setting of the cases. Signed by Judge Kristine G. Baker on 10/29/2020. (jbh) |
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| Monday, October 26, 2020 | ||
| 33 | 33
5
pgs
order
Order ~Util - Add and Terminate Attorneys
Mon 10/26 11:17 AM
ORDER instructing the Clerk to withdraw Local Counsel; and withdrawing Attorney Donn Christopher Alexander. Signed by Judge Kristine G. Baker on 10/26/2020. (ljb) |
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| Friday, September 18, 2020 | ||
| 32 | 32
motion
Withdraw as Attorney
Fri 09/18 10:57 AM
MOTION to Withdraw as Attorney by Wright Medical Technology Inc (Ash, Dana) |
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| 31 | 31
notice
Notice of Appearance
Fri 09/18 10:56 AM
NOTICE of Appearance by Dana J. Ash on behalf of Wright Medical Technology Inc (Ash, Dana) |
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| Wednesday, September 09, 2020 | ||
| 30 | 30
3
pgs
order
Order
Thu 09/10 8:14 AM
ORDER UPON TRANSFER. Signed by Judge Kristine G. Baker on 9/9/2020. (jbh) |
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| Wednesday, August 19, 2020 | ||
| 29 | 29
misc
Clerks Notice
Wed 08/19 2:37 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTIFICATION to Counsel from the Clerk of Court regarding MDL 2949, In Re Profemur Hip Implant Products Liability Litigation. The case of Casey v. Wright Medical Technology Incorporated et al, originally filed in the U.S. District Court for the USDC Arizona and assigned case number 2:19-cv-05360, was transferred by the Judicial Panel on Multidistrict Litigation to the Eastern District of Arkansas and assigned to U.S. District Judge Kristine G. Baker as case number 4:20-cv-00958-KGB for coordinated or consolidated pretrial proceedings. The master case for this litigation is 4:20-md-2949-KGB. All counsel should request E-File Registration with the Eastern District of Arkansas through PACER. Signed at the Direction of the Court on 8/19/2020. (jbh) |
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| 28 | 28
transfer
Case Transferred In - District Transfer
Wed 08/19 2:17 PM
Case electronically transferred in from U.S. District Court, District of Arizona; Case Number 2:19-cv-05360. Copy of transfer order, case file, and docket sheet received. |
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| Tuesday, August 18, 2020 | ||
| 27 | 27
CERTIFIED MDL TRANSFER ORDER - Transferring Case to the Eastern District of Arkansas Re MDL-2949. (MAP) [Transferred from azd on 8/19/2020.]
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| Remark: Case Transferred to the Eastern District of Arkansas via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 8/19/2020.] | ||
| Monday, June 08, 2020 | ||
| 26 | 26
NOTICE of Service of Discovery filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
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| Thursday, June 04, 2020 | ||
| 25 | 25 ORDER: The Court does not prejudge that an MDL motion will be granted. The case schedule does not have any proximate deadlines. Moreover, no discovery that might be done in this case will be wasted. It will all be needed eventually. IT IS THEREFORE ORDERED that the joint Stipulation to Stay (Doc.24 ) is denied. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) [Transferred from azd on 8/19/2020.] | |
| Wednesday, June 03, 2020 | ||
| 24 | 24
STIPULATION to Stay Proceedings Pending Ruling on Motion to Transfer by Judicial Panel on Multidistrict Litigation by Wright Medical Technology Incorporated.(Alexander, Donn) [Transferred from azd on 8/19/2020.]
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Text of Proposed Order Proposed Order
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| Friday, April 10, 2020 | ||
| 23 | 23
CASE MANAGEMENT ORDER: Discovery due by 1/8/2021. Dispositive motions due by 5/28/2021. Pre-motion conference letters due by 5/14/2021. See attached Order for details. Signed by Senior Judge Neil V Wake on 4/10/2020. (KFZ) [Transferred from azd on 8/19/2020.]
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| Thursday, April 09, 2020 | ||
| 22 | 22 ORDER: The Court has received and considered the parties' Joint Case Management Report (Doc.21 ) and will issue a Case Management Order. IT IS ORDERED vacating the Rule 16 Case Management Conference, presently set for 4/15/2020 at 1:30 p.m. before Senior U. S. District Judge Neil V. Wake. (vg)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) [Transferred from azd on 8/19/2020.] | |
| Wednesday, April 08, 2020 | ||
| 21 | 21
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Defendant Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
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| Tuesday, April 07, 2020 | ||
| 20 | 20
ORDER granting19 Stipulation for Entry of Protective Order. See document for complete details. Signed by Senior Judge Neil V Wake on 4/7/2020. (MSA) [Transferred from azd on 8/19/2020.]
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| Monday, April 06, 2020 | ||
| 19 | 19
STIPULATION for Entry of Protective Order by Wright Medical Technology Incorporated.(Alexander, Donn) [Transferred from azd on 8/19/2020.]
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Att: 1
Exhibit
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| Friday, March 13, 2020 | ||
| 18 | 18
*ANSWER to7 Amended Complaint with Jury Demand by Wright Medical Technology Incorporated.(Alexander, Donn) *Modified on 3/16/2020 to remove terminated filer (MSA). [Transferred from azd on 8/19/2020.]
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| Monday, March 02, 2020 | ||
| 17 | 17
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 4/15/2020 at 01:30 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Neil V Wake. See document for complete details. Signed by Senior Judge Neil V Wake on 3/2/20. (EJA) [Transferred from azd on 8/19/2020.]
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| Thursday, February 13, 2020 | ||
| 16 | 16
ORDER - IT IS THEREFORE ORDERED that Defendant Wright Medical Technology, Inc.'s Partial Motion to Dismiss (Doc.11 ) is granted in part and denied in part. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's negligent misrepresentation claim is dismissed, with leave to amend by February 28, 2020. IT IS FURTHER ORDERED that Plaintiff Theresa I. Casey's prayer for punitive damages is dismissed, with prejudice. Signed by Senior Judge Neil V Wake on 2/13/2020. (WLP) [Transferred from azd on 8/19/2020.]
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| Friday, November 22, 2019 | ||
| 15 | 15
REPLY to Response to Motion re:11 MOTION to Dismiss for Failure to State a Claim filed by Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
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| Tuesday, November 19, 2019 | ||
| 14 | 14
RESPONSE in Opposition re:11 MOTION to Dismiss for Failure to State a Claim filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
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| Friday, November 15, 2019 | ||
| 13 | 13
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Wright Medical Technology Incorporated. (Alexander, Donn) [Transferred from azd on 8/19/2020.]
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| Thursday, November 14, 2019 | ||
| 12 | 12
NOTICE of Service of Discovery filed by Theresa I Casey. (Casey, Timothy) [Transferred from azd on 8/19/2020.]
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| Wednesday, October 30, 2019 | ||
| 11 | 11
*MOTION to Dismiss for Failure to State a Claim by Wright Medical Group Incorporated. (Alexander, Donn) *Modified to correct event type on 10/30/2019 (EJA). [Transferred from azd on 8/19/2020.]
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| Thursday, October 24, 2019 | ||
| Remark: Pro hac vice motion(s) granted for Janet Lynn Hickson on behalf of Defendant Wright Medical Technology Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/19/2020.] | ||
| Tuesday, October 22, 2019 | ||
| 10 | 10 ORDER pursuant to General Order 09-08 terminating9 Motion for Admission Pro Hac Vice. Attorney notified to refile in master case and pay filing fee. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 8/19/2020.] | |
| 9 | 9
MOTION for Admission Pro Hac Vice as to attorney Scott W. Sayler by Wright Medical Technology Incorporated.(Sayler, Scott) [Transferred from azd on 8/19/2020.]
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Att: 1
Exhibit Good Standing
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| Remark: Pro hac vice motion(s) granted for Claire Martha Hillman and Scott W Sayler on behalf of Defendant Wright Medical Technology Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 8/19/2020.] | ||
| Thursday, October 17, 2019 | ||
| 8 | 8 NOTICE TO FILER OF DEFICIENCY re:7 Amended Complaint filed by Theresa I Casey. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) [Transferred from azd on 8/19/2020.] | |
| Wednesday, October 16, 2019 | ||
| 7 | 7
AMENDED COMPLAINT against Wright Medical Technology Incorporated filed by Theresa I Casey.(Casey, Timothy) [Transferred from azd on 8/19/2020.]
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Att: 1
Part 2,
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Att: 2
Part 3
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| Thursday, October 10, 2019 | ||
| 6 | 6
ORDER - Motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. FURTHER ORDERED that Plaintiff serve a copy of this Order upon any Defendant who has not yet appeared and file notice of service. See document for complete details. Signed by Senior Judge Neil V Wake on 10/10/2019. (RMV) [Transferred from azd on 8/19/2020.]
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| 5 | 5
NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Wright Medical Group Incorporated. (ARC) [Transferred from azd on 8/19/2020.]
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| 4 | 4
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) [Transferred from azd on 8/19/2020.]
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| Wednesday, October 09, 2019 | ||
| 3 | 3
Filing fee paid, receipt number 0970-17502309. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV 19-5360 PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) [Transferred from azd on 8/19/2020.]
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| 2 | 2
Corporate Disclosure Statement by Wright Medical Technology Incorporated. (Alexander, Donn) (ARC) [Transferred from azd on 8/19/2020.]
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| 1 | 1
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-012809. Filing fee received: $ 400.00, receipt number 0970-17502309 filed by Wright Medical Technology Incorporated. (Alexander, Donn)(ARC) [Transferred from azd on 8/19/2020.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Supplemental Civil Cover Sheet,
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Att: 3
Exhibit 1,
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Att: 4
Exhibit 2,
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Att: 5
Exhibit 3
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| ***STATE COURT RECORDS RECEIVED** SERVICE EXECUTED : Certificate of Service re: Summons, Complaint, Certificate of Compulsory Arbitration upon Wright Medical Technology Incorporated, Wright Medical Group Incorporated on 9/19/2019.(original filed in Maricopa County Superior Court on 9/23/2019) (ARC) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from azd on 8/19/2020.] | ||