Bausom et al v. Howmedica Osteonics Corporation
Federal Civil Lawsuit Minnesota District Court, Case No. 0:13-cv-01588
District Judge Donovan W. Frank, presiding

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Last Updated February 11, 2020 at 10:12 AM ST (1.3 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Diane Bausom , Plaintiff

Toggle Switch Represented by Cory Watson Crowder & DeGaris, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Annesley Hodges DeGaris +1 205 328 2200 +1 205 324 7896 adegaris@cwcd.com

Toggle Switch Represented by Cory Watson, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas A. Dellaccio, Jr. +1 205 328 2200 +1 205 324 7896 ddellaccio@corywatson.com

Toggle Switch Represented by Rainwater, Holt & Sexton PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Stephen Holt +1 501 868 2500 holt@rainfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael R. Rainwater +1 501 868 2500 rainwater@rainfirm.com
No Logo Mark Bausom, Plaintiff

Toggle Switch Represented by Cory Watson Crowder & DeGaris, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Annesley Hodges DeGaris +1 205 328 2200 +1 205 324 7896 adegaris@cwcd.com

Toggle Switch Represented by Cory Watson, P.C.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Douglas A. Dellaccio, Jr. +1 205 328 2200 +1 205 324 7896 ddellaccio@corywatson.com

Toggle Switch Represented by Rainwater, Holt & Sexton PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James Stephen Holt +1 501 868 2500 holt@rainfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael R. Rainwater +1 501 868 2500 rainwater@rainfirm.com
v.
No Logo Howmedica Osteonics Corporation, Defendant

Toggle Switch Represented by Watts, Donovan & Tilley, PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David M. Donovan +1 501 372 1406 david.donovan@wdt-law.com
No Logo Stryker Corp. , Defendant
No Logo Stryker Ireland Ltd., Defendant
Officially listed as "Stryker Ireland Limited"
No Logo Stryker Sales Corporation, Defendant
Citation Section 28 U.S.C. § 1332-pip-Diversity-Personal
Nature of Suit 367 - Health Care/Pharmaceutical Personal Injury Product Liability
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Legal Document (Payment Possibly Required) 51 Filed: 2/11/2020, Entered: None Stryker - Order for Dismissal ADI
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    Legal Document (Payment Possibly Required) 44 Filed: 6/3/2015, Entered: None Court Filing
    ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE PLAINTIFFS' FIRST AMENDED SHORT FORM COMPLAINT AND JURY TRIAL DEMAND. Plaintiffs may file the First Amended Complaint submitted with the moving papers within five (5) days of the service of this Order. Signed by Judge Donovan W. Frank on 6/3/2015. (Associated Cases: 0:13-md-2441-DWF/FLN; 0:13-cv-1588-DWF/FLN) (BJS) (Entered: 06/03/2015)
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      Legal Document (Payment Possibly Required) 43 Filed: 5/27/2015, Entered: None Court Filing
      TEXT ONLY NOTICE - COUNSEL PLEASE NOTE: This Notice serves as a reminder to all counsel that they shall read and comply with all Orders and Pretrial Orders ("PTOs") filed in the In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, 0:13-md-02441-DWF-FLN master MDL docket (0:13-md-2441-DWF-FLN), even if not filed in the individual member cases. As the Court noted on May 28, 2014 (Doc. No. 326 ), the Court only files all new or amended Orders and Pretrial Orders that are applicable to all actions in the master MDL docket. For example, PTO No. 29, filed today on the master MDL docket is applicable to all cases and should be read and complied with by all counsel for all cases. Indeed, counsel is responsible for all documents applicable to all actions and filed in the master MDL docket. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 0:13-md-2441-DWF-FLN. Further, all Orders, minutes, notices and transcripts that are filed in the master case will also be posted on the Stryker Rejuvenate web site at: www.mnd.uscourts.gov/MDL-Stryker/index. Signed by Judge Donovan W. Frank on 5/27/2015. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/27/2015)
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        Legal Document (Payment Possibly Required) 42 Filed: 5/15/2015, Entered: None
        MOTION to Alter/Amend/Supplement Pleadings 1 Complaint, by Mark Bausom, Diane Bausom. (Attachments: # 1 Plaintiffs' First Amended Short Form Complaint)(Dellaccio, Douglas) (Entered: 05/15/2015)
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        Legal Document (Payment Possibly Required) 41 Filed: 9/22/2014, Entered: None
        SUMMONS Returned Executed by Mark Bausom. Stryker Ireland Limited served on 7/31/2014, answer due 8/21/2014. (Nemo, Anthony) (Entered: 09/22/2014)
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          Legal Document (Payment Possibly Required) 40 Filed: 7/17/2014, Entered: None
          Summons Issued as to Stryker Ireland Limited. (kt) (Entered: 07/17/2014)
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            Legal Document (Payment Possibly Required) 39 Filed: 6/18/2014, Entered: None
            WAIVER OF SERVICE Returned Executed filed by Diane Bausom. All Plaintiffs. (Nemo, Anthony) (Entered: 06/18/2014)
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              Legal Document (Payment Possibly Required) 38 Filed: 5/28/2014, Entered: None
              TEXT ONLY NOTICE - COUNSEL PLEASE NOTE: From this date on, all new or amended Orders and Pretrial Orders that are applicable to all actions in the In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, 0:13-md-02441-DWF-FLN will be filed only in the master MDL docket (0:13-md-2441-DWF-FLN) and will not be filed in the individual member cases. Orders that apply to less than all cases (e.g., an Order of Dismissal of an individual member case) will be filed in the master MDL docket and in the individual member case. All Orders, minutes, notices and transcripts that are filed in the master case will also be posted on the Stryker Rejuvenate web site at: www.mnd.uscourts.gov/MDL-Stryker/index. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/28/2014)
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                Legal Document (Payment Possibly Required) 37 Filed: 5/13/2014, Entered: None Court Filing
                AMENDED PRETRIAL ORDER NO.9 (Protective Order). Signed by Judge Donovan W. Frank on 5/12/2014. (Attachment: # 1 Exhibit A) Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/13/2014)
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                  Legal Document (Payment Possibly Required) 36 Filed: 5/12/2014, Entered: None Court Filing
                  ORDER ON REQUEST FOR PERMISSION TO SEEK PARTIAL RECONSIDERATION. Defendants' Request for Permission to Seek Partial Reconsideration of PTO No. 13 (Doc. No. 275 ) is DENIED. Signed by Judge Donovan W. Frank on 5/12/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/12/2014)
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                    Legal Document (Payment Possibly Required) 35 Filed: 5/9/2014, Entered: None Court Filing
                    PRETRIAL ORDER NO. 17 (Stipulated Order Regarding Bellwether Categories). Signed by Judge Donovan W. Frank on 5/9/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/09/2014)
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                      Legal Document (Payment Possibly Required) 34 Filed: 5/7/2014, Entered: None Court Filing
                      PRETRIAL ORDER NO. 16 (Order Regarding Defendants' Contacts With Physician-Experts). Signed by Judge Donovan W. Frank on 5/6/2014. (Attachments: # 1 Exhibit(s) 1)Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/07/2014)
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                        Legal Document (Payment Possibly Required) 33 Filed: 5/6/2014, Entered: None Court Filing
                        PRETRIAL ORDER NO. 15 (Order Regarding Deposition Guidelines for Plaintiffs Who are In Extremis). Signed by Judge Donovan W. Frank on 5/6/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 05/06/2014)
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                          Legal Document (Payment Possibly Required) 32 Filed: 4/22/2014, Entered: None Court Filing
                          PRETRIAL ORDER NO. 14 (PLCC Appointments to Sub-Committee to Confer with New Jersey Multicounty Litigation). Signed by Judge Donovan W. Frank and Magistrate Judge Franklin L. Noel on 4/21/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 04/22/2014)
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                            Legal Document (Payment Possibly Required) 31 Filed: 4/15/2014, Entered: None Court Filing
                            PRETRIAL ORDER NO. 13. (Order on Discovery Motion.) Signed by Judge Donovan W. Frank and Magistrate Judge Franklin L. Noel on 4/15/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 04/15/2014)
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                              Legal Document (Payment Possibly Required) 30 Filed: 4/9/2014, Entered: None Court Filing
                              AMENDED PRETRIAL ORDER NO. 4. Order Regarding Direct Filing of Cases into this Court Without Need to Associate Local Counsel. (See Order for details.). Signed by Judge Donovan W. Frank on 4/9/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 04/09/2014)
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                                Legal Document (Payment Possibly Required) 29 Filed: 3/26/2014, Entered: None Court Filing
                                AMENDED PRETRIAL ORDER NO. 12 (Scheduling orders and bellwether cases.) Signed by Judge Donovan W. Frank on 3/25/2014 and Magistrate Judge Franklin L. Noel on 3/24/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al. (Please note this Amended PTO was originally filed on 3/25/2014, but only in the main MDL case of 0:13-md-02441-DWF-FLN. To be consistent with all of the other PTO's filed in this MDL, it is being refiled on this date in the main MDL case as well as all member cases.) (BJS) (Entered: 03/26/2014)
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                                  Legal Document (Payment Possibly Required) 28 Filed: 3/14/2014, Entered: None Court Filing
                                  PRETRIAL ORDER NO. 12 (Scheduling orders and bellwether cases.) Signed by Judge Donovan W. Frank and Magistrate Judge Franklin L. Noel on 3/14/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 03/14/2014)
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                                    Legal Document (Payment Possibly Required) 27 Filed: 2/28/2014, Entered: None Court Filing
                                    AMENDED PRETRIAL ORDER NO. 11 (Electronic Service of Preliminary Disclosure Forms and Plaintiff Fact Sheets). Signed by Judge Donovan W. Frank on 2/28/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al. (BJS) (Entered: 02/28/2014)
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                                      Legal Document (Payment Possibly Required) 26 Filed: 2/27/2014, Entered: None Court Filing
                                      ORDER re scheduling conference before Magistrate Judge Franklin L. Noel at 2:00 PM on March 12, 2014 in chambers, Suite 9W, United States Courthouse, 300 South 4th Street, Minneapolis, MN. Signed by Magistrate Judge Franklin L. Noel on 2/26/14. Associated Cases: 0:13-md-02441-DWF-FLN et al.(kt) (Entered: 02/27/2014)
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                                        Legal Document (Payment Possibly Required) 25 Filed: 2/25/2014, Entered: None Court Filing
                                        PRETRIAL ORDER NO. 11 (Electronic Service of Preliminary Disclosure Forms and Plaintiff Fact Sheets). Signed by Judge Donovan W. Frank on 2/25/2014. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 02/25/2014)
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                                          Legal Document (Payment Possibly Required) 24 Filed: 1/23/2014, Entered: None Court Filing
                                          PRETRIAL ORDER NO. 10 (Master Long and Short Form Complaints and Jury Trial Demand). Signed by Judge Donovan W. Frank on 1/23/2014. (Attachments: # 1 Exhibit A - Master Long Form Complaint, # 2 Exhibit B - Master Short Form Complaint)Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 01/23/2014)
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                                            Legal Document (Payment Possibly Required) 23 Filed: 12/23/2013, Entered: None Court Filing
                                            PRETRIAL ORDER NO. 9 (Interim Protective Order). Signed by Judge Donovan W. Frank on 12/23/2013. (Attachments: # 1 Exhibit A - Confidentiality Agreement) Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 12/23/2013)
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                                              Legal Document (Payment Possibly Required) 22 Filed: 12/23/2013, Entered: None Court Filing
                                              PRETRIAL ORDER NO. 8. (Forms for use by each plaintiff in providing preliminary and more extensive case-specific factual information in the above-referenced matter.). Signed by Judge Donovan W. Frank on 12/23/2013. (Attachments: # 1 Exhibit A - Master Plaintiff's Preliminary Disclosure Form, # 2 Exhibit B - Plaintiff Fact Sheet)Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 12/23/2013)
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                                                Legal Document (Payment Possibly Required) 21 Filed: 12/19/2013, Entered: None Court Filing
                                                PRETRIAL ORDER NO. 7. (Accepting Service of Process). Signed by Judge Donovan W. Frank on 12/19/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 12/19/2013)
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                                                  Legal Document (Payment Possibly Required) 20 Filed: 11/21/2013, Entered: None Court Filing
                                                  PRETRIAL ORDER NO. 6. (Order governing procedures.) Signed by Judge Donovan W. Frank on 11/21/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 11/21/2013)
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                                                    Legal Document (Payment Possibly Required) 19 Filed: 11/5/2013, Entered: None Court Filing
                                                    PRETRIAL ORDER NO. 5. (Order Designating Plaintiffs' Lead Counsel Committee, Liaison Counsel, and Steering Committee & Defendants' Lead Counsel and Liaison Counsel.) (Written Opinion) Signed by Judge Donovan W. Frank on 11/5/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 11/05/2013)
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                                                      Legal Document (Payment Possibly Required) 18 Filed: 10/3/2013, Entered: None Court Filing
                                                      PRETRIAL ORDER NO. 4. Order Regarding Direct Filing of Cases into this Court Without Need to Associate Local Counsel. (See Order for details.) Signed by Judge Donovan W. Frank on 10/3/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 10/03/2013)
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                                                        Legal Document (Payment Possibly Required) 17 Filed: 9/5/2013, Entered: None Court Filing
                                                        PRETRIAL ORDER NO. 3 (Agenda for September 9, 2013, Status Conference). Signed by Judge Donovan W. Frank on 9/5/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 09/05/2013)
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                                                          Legal Document (Payment Possibly Required) 16 Filed: 7/22/2013, Entered: None Court Filing
                                                          PRETRIAL ORDER NO. 2. 1. INITIAL STATUS CONFERENCE All parties shall appear for an initial status conference on Monday, September 9, 2013, at 1:30 p.m., in Courtroom 7C, 7th Floor, Warren E. Burger Federal Building and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota. An order setting forth an agenda and the related procedure for the initial status conference will be forthcoming. 2. EXTENSION AND STAY As was done for the Defendants' in Pretrial Order No. 1, each Plaintiff is granted an indefinite extension of time for filing any motion or responding to any pending motion until this Court, by subsequent order, sets a date by which Plaintiffs shall submit or respond to any motions. Signed by Judge Donovan W. Frank on 7/22/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(BJS) (Entered: 07/22/2013)
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                                                            Legal Document (Payment Possibly Required) 15 Filed: 7/5/2013, Entered: None Court Filing
                                                            PRETRIAL ORDER NO. 1 (Establishing Preliminary Procedures and Appointing Interim Counsel). Signed by Judge Donovan W. Frank on 07/05/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(rlb) (Entered: 07/05/2013)
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                                                              Legal Document (Payment Possibly Required) 14 Filed: 7/1/2013, Entered: None Court Filing
                                                              ORDER. IT IS HEREBY ORDERED that Defendants' deadlines to answer or otherwise respond to Plaintiffs' complaints are hereby extended until such time that the Court establishes a time line for such responses. By separate order, the Court will set a status conference for a date and time to be determined in August for all cases in the MDL. Signed by Judge Donovan W. Frank on 07/01/2013. Associated Cases: 0:13-md-02441-DWF-FLN et al.(rlb) (Entered: 07/01/2013)
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                                                                Legal Document (Payment Possibly Required) 13 Filed: 6/26/2013, Entered: None Court Filing
                                                                Case transferred in from District of Arkansas Eastern; Case Number 4:13-cv-00189. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Donovan W. Frank and referred to Magistrate Judge Franklin L. Noel per MDL List. (Entered: 06/26/2013)
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                                                                  Legal Document (Payment Possibly Required) 12 Filed: 6/26/2013, Entered: None
                                                                  CONDITIONAL TRANSFER ORDER (CTO-1) transferring the case to the District of Minnesota to be included in MDL No. 2441, In Re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation. Signed by Jeffery N. Luthi, Clerk of the Panel, on 6/26/13.(dmn) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 06/26/2013)
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                                                                    Legal Document (Payment Possibly Required) 11 Filed: 5/8/2013, Entered: None
                                                                    AFFIDAVIT of Service of Summons & Complaint , filed by Diane Bausom, Mark Bausom. Howmedica Osteonics Corporation served on 4/16/2013. (Attachments: # 1 Exhibit Return Receipt)(DeGaris, Annesley) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 05/08/2013)
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                                                                      Legal Document (Payment Possibly Required) 10 Filed: 4/30/2013, Entered: None Court Filing
                                                                      ORDER finding as moot 7 Motion for Notice of Related Case; finding as moot 8 Motion to Extend Time; finding as moot 9 Motion to Stay. Signed by Judge D. P. Marshall Jr. on 4/30/13. (kpr) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/30/2013)
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                                                                        Legal Document (Payment Possibly Required) 9 Filed: 4/26/2013, Entered: None
                                                                        Joint MOTION to Stay Action Pending MDL Determination by Howmedica Osteonics Corporation (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Donovan, David) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/26/2013)
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                                                                          Legal Document (Payment Possibly Required) 8 Filed: 4/26/2013, Entered: None
                                                                          MOTION to Extend Time and Stipulation of Agreement for Additional Time to file a Responsive Pleading to Plaintiffs' Complaint by Howmedica Osteonics Corporation (Donovan, David) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/26/2013)
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                                                                            Legal Document (Payment Possibly Required) 7 Filed: 4/26/2013, Entered: None
                                                                            NOTICE of Related Case by Howmedica Osteonics Corporation; Case Number 4:12cv701; 4:13cv114; 4:13cv112;4:13cv115; 4:13cv113; 4:13cv128; 4:13cv129; 4:13cv127 (Donovan, David) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/26/2013)
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                                                                              Legal Document (Payment Possibly Required) 6 Filed: 4/26/2013, Entered: None
                                                                              Corporate Disclosure Statement (Rule 7.1) by Howmedica Osteonics Corporation (Donovan, David) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/26/2013)
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                                                                                Legal Document (Payment Possibly Required) 5 Filed: 4/26/2013, Entered: None
                                                                                NOTICE of Appearance by David M. Donovan on behalf of Howmedica Osteonics Corporation (Donovan, David) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/26/2013)
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                                                                                  Legal Document (Payment Possibly Required) 4 Filed: 4/5/2013, Entered: None Court Filing
                                                                                  (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: This tagalong case is stayed pending a decision from the Judicial Panel on Multidistrict Litigation on whether to handle all of these Stryker hip-replacement cases in an MDL proceeding. See, e.g., Sponer v. Howmedica Osteonics Corp., 4:12-cv-701-DPM, Document No. 14. Signed by Judge D. P. Marshall Jr. on 4/5/2013. (mkf) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/05/2013)
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                                                                                    Legal Document (Payment Possibly Required) 3 Filed: 4/4/2013, Entered: None Court Filing
                                                                                    ORDER REASSIGNING CASE to Judge D. P. Marshall Jr. for all further proceedings pursuant to General Order 39. Chief Judge Brian S. Miller no longer assigned to case. Granting 2 NOTICE of Related Case. Signed by Chief Judge Brian S. Miller on 4/4/13. (djw) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/04/2013)
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                                                                                      Legal Document (Payment Possibly Required) 2 Filed: 4/2/2013, Entered: None
                                                                                      NOTICE of Related Case by Mark Bausom and Diane Bausom; Case Numbers 4:12-CV-701 and 4:13-CV-113. (kdr) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/03/2013)
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                                                                                        Legal Document (Payment Possibly Required) 1 Filed: 4/2/2013, Entered: None
                                                                                        COMPLAINT with Jury Demand against Howmedica Osteonics Corporation, filed by Diane Bausom and Mark Bausom. Filing fee of $350.00 paid; receipt #LIT039130; summonses issued and returned to counsel for service. (Attachments: # 1 Civil Cover Sheet)(kdr) [Transferred from Arkansas Eastern on 6/26/2013.] (Entered: 04/03/2013)
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