Machula v. Howmedica Osteonics Corp.
Federal Civil Lawsuit Minnesota District Court, Case No. 0:13-cv-01252
District Judge Donovan W. Frank, presiding

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Last Updated January 31, 2017 at 6:36 AM ST (4.7 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo John L. Machula, Plaintiff

Toggle Switch Represented by Meshbesher & Spence Ltd

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Andrew L Davick , +1 507 280 8090 +1 507 280 0807 adavick@meshbesher.com
ATTORNEY TO BE NOTICED Anthony J Nemo , +1 612 339 9121 +1 612 339 9188 tnemo@meshbesher.com
v.
No Logo Howmedica Osteonics Corp, Defendant

Toggle Switch Represented by Stinson Leonard Street LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Timothy P Griffin +1 612 335 1500 +1 612 335 1657 timothy.griffin@stinsonleonard.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) 38 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) 37 Filed: 10/27/2014, Entered: None
    SUMMONS Returned Executed by John L. Machula. Stryker Ireland Limited served on 8/22/2014, answer due 9/12/2014. (Nemo, Anthony) (Entered: 10/27/2014)
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      Legal Document (Payment Possibly Required) 36 Filed: 7/11/2014, Entered: None
      Summons Issued as to Stryker Ireland Limited. (kt) (Entered: 07/11/2014)
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        Legal Document (Payment Possibly Required) 35 Filed: 6/17/2014, Entered: None
        WAIVER OF SERVICE Returned Executed filed by John L. Machula. All Plaintiffs. (Nemo, Anthony) (Entered: 06/17/2014)
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          Legal Document (Payment Possibly Required) 34 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) 33 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) 32 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) 31 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) 30 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) 29 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) 28 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) 27 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) 26 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) 25 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) 24 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) 23 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) 22 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) 21 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) 20 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) 19 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) 18 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) 17 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) 16 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) 15 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) 14 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) 13 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) 12 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) 11 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) 10 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) 9 Filed: 6/18/2013, Entered: None Court Filing
                                                            TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case was filed in the District of Minnesota prior to the creation of MDL No. 2441, In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation. Per Judg Donovan W. Frank, this case shall be included as part of MDL No. 2441, In re: Stryker Rejuvenate and ABG II Hip Implant Products Liability Litigation, without further notice or order from the JPML. This case is reassigned to Judge Donovan W. Frank. Judge Richard H. Kyle no longer assigned to the case. (TSS) (Entered: 06/18/2013)
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                                                              Legal Document (Payment Possibly Required) 8 Filed: 6/7/2013, Entered: None Court Filing
                                                              ORDER STAYING CASE. Signed by Magistrate Judge Franklin L. Noel on 06/06/2013. Associated Cases: 0:13-cv-01244-RHK-FLN et al.(jz) (Entered: 06/07/2013)
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                                                                Legal Document (Payment Possibly Required) 7 Filed: 5/30/2013, Entered: None
                                                                RULE 7.1 DISCLOSURE STATEMENT. Howmedica Osteonics Corp. is a wholly-owned subsidiary of Stryker Corporation, which is a publicly traded company.(Griffin, Timothy) Modified on 6/3/2013 (jz). (Entered: 05/30/2013)
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                                                                  Legal Document (Payment Possibly Required) 6 Filed: 5/30/2013, Entered: None
                                                                  NOTICE of Appearance by Timothy P Griffin on behalf of Howmedica Osteonics Corp.. (Griffin, Timothy) (Entered: 05/30/2013)
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                                                                    Legal Document (Payment Possibly Required) 5 Filed: 5/30/2013, Entered: None Court Filing
                                                                    ORDER FOR REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Richard H. Kyle for all further proceedings. Chief Judge Michael J. Davis is no longer assigned to the case. NOTE: the new case number is 13cv1252 (RHK/FLN). Please use this case number for all subsequent pleadings. Signed by Judge Richard H. Kyle and Chief Judge Michael J. Davis on 5/29/13. (JMH) (Entered: 05/30/2013)
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                                                                      Legal Document (Payment Possibly Required) 4 Filed: 5/28/2013, Entered: None
                                                                      DOCUMENT FILED IN ERROR-DUPLICATE ENTRY Summons Issued as to Howmedica Osteonics Corp. (jz) Modified text on 6/11/2013 (jz). (Entered: 05/28/2013)
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                                                                        Legal Document (Payment Possibly Required) 3 Filed: 5/28/2013, Entered: None
                                                                        Summons Issued as to Howmedica Osteonics Corp. (jz) (Entered: 05/28/2013)
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                                                                          Legal Document (Payment Possibly Required) 2 Filed: 5/28/2013, Entered: None Court Filing
                                                                          TEXT-ONLY ENTRY. CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge Michael J. Davis per Master List referred to Magistrate Judge Franklin L. Noel. Please use case number 13cv1252 MJD/FLN. (jz) (Entered: 05/28/2013)
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                                                                            Legal Document (Payment Possibly Required) 1 Filed: 5/24/2013, Entered: None
                                                                            COMPLAINT against Howmedica Osteonics Corp.. ( Filing fee $ 400 receipt number 0864-3568905.) Filed by John L Machula. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Nemo, Anthony) (Entered: 05/24/2013)
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