Pretrial Orders and Minute Entries - Stryker Rejuvenate
MDL 13-2441

Last Updated: August 26, 2014



DATE: 08/25/2014
ORDER: Pretrial Order #23
DESCRIPTION: PRETRIAL ORDER NO. 23 - Order Regarding Stipulation to Partially Stay Obligations Under the Common Benefit Order (PTO Nos. 18 and 20). Signed by Judge Donovan W. Frank on 08/25/2014. (BJS)



DATE: 08/25/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Diana Barshney & Doran Barshney (Doc. No. 6 in CV 14-1895 DWF/FLN). Signed by Judge Donovan W. Frank on 8/25/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-1895 DWF/FLN)(BJS)



DATE: 08/25/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE as to Annette Derr and Russell Derr (Cv. 14-2716 DWF/FLN Doc. No. 5). Signed by Judge Donovan W. Frank on 8/25/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-2716 DWF/FLN)(BJS)



DATE: 08/22/2014
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 8/21/2014. Next Status conference will be held on 9/22/2014 at 9:00 AM. (Jeanne Anderson Court Reporter) (BJS) (Entered: 08/22/2014)



DATE: 08/15/2014
ORDER: Pretrial Order #22
DESCRIPTION: PRETRIAL ORDER NO. 22 (Order Appointing Charles S. Zimmerman to Plaintiffs' Lead Counsel Committee). Signed by Judge Donovan W. Frank on 08/15/2014. (RLB)



DATE: 08/14/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: Regarding August 21, 2014, Status Conference - Telephone Participation. The Status Conference will begin at 2:00 pm CDT. Please dial in no later than 1:55 pm CDT. (BJS)



DATE: 08/11/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE as to Margaret Perala and John Perala (MDL No. 13-2441 (DWF/FLN), Doc. No. [435]) and on August 7, 2014 (Civil No. 13-1579 (DWF/FLN), Doc. No. [44]). Signed by Judge Donovan W. Frank on 8/11/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1579 DWF/FLN).(BJS)



DATE: 07/24/2014
ORDER: Pretrial Order #21
DESCRIPTION: PRETRIAL ORDER NO. 21 (Order Appointing Special Master.) Signed by Judge Donovan W. Frank on 7/28/2014. (BJS)



DATE: 07/24/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Doris Arnold (Civil No. 14-2426 (DWF/FLN), Doc. No. [5]). Signed by Judge Donovan W. Frank on 7/28/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-1322 DWF/FLN).(BJS)



DATE: 07/24/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Heidi A. Stone (Civil No. 14-1322 (DWF/FLN), Doc. No. 12 ). Signed by Judge Donovan W. Frank on 7/24/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-1322 DWF/FLN).(BJS) (Entered: 07/24/2014)



DATE: 07/24/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE as to Kimberly Fennessey (MDL No. 13-2441 (DWF/FLN), Doc. No. [426]; Civil No. 14-2260 (DWF/FLN), Doc. No. [5]). Signed by Judge Donovan W. Frank on 7/24/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-2260 DWF/FLN).



DATE: 07/24/2014
ORDER: Third Amended Pretrial Order No. 8
DESCRIPTION: THIRD AMENDED PRETRIAL ORDER NO. 8. (Regarding Service of Plaintiff Preliminary Disclosure and Fact Sheets.)(Attachments: # 1 Exhibit A - Master Plaintiff's Preliminary Disclosure Form, # 2 Exhibit B - Plaintiff Fact Sheet). Signed by Judge Donovan W. Frank on 7/22/2014.(BJS)



DATE: 07/18/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Joseph Riley (MDL No. 13-2441(DWF/FLN), Doc. No. [420]; Civil No. 13-1912 (DWF/FLN), Doc. No. [29]). Signed by Judge Donovan W. Frank on 7/18/2014. (Associated Cases:0:13-md-2441 DWF/FLN; 0:13-cv-1912 DWF/FLN).



DATE: 07/17/2014
ORDER: 2nd Amended Pretrial Order No. 8
DESCRIPTION: SECOND AMENDED PRETRIAL ORDER NO. 8. (Regarding Service of Plaintiff Preliminary Disclosure and Fact Sheets.) Signed by Judge Donovan W. Frank on 6/5/2014. (Attachments: # 1 Exhibit A - Master Plaintiff's Preliminary Disclosure Form, # 2 Exhibit B - Plaintiff Fact Sheet). Signed by Judge Donovan W. Frank on 7/18/2014. (Attachments: # (1) Exhibit(s) A, # (2) Exhibit(s) B)(BJS) \



DATE: 07/17/2014
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 7/17/2014. For any case nominated by Defendants to be a lead case in any bellwether category, the Court has extended the deadline for serving the Defendants' Fact Sheet to August 11, 2014 at 5 p.m. (See Doc. No. 382 at 5.) The parties agreed that Defendants' deadline to answer the master long and/or short form complaint or to bring a Rule 12 motion shall be August 18, 2014. Defendants consented to the filing of an Amended Complaint in Sandra Jencks v. Howmedica Osteonics Corporation, CV 13-2759 DWF/FLN. As such, the Court GRANTS Plaintiff's motion to amend (Doc. No. 36). Plaintiff shall file her amended complaint on or before August 1, 2014. (Court Reporter Jeanne Anderson) (BJS)



DATE: 07/14/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Debra Langan (Doc. No. [32]) in CV No. 14-cv-523 DWF/FLN. Signed by Judge Donovan W. Frank on 7/14/2014. (Associated Cases: 0:13-md-2441-DWF/FLN; 0:14-cv-523 DWF/FLN)(BJS



DATE: 07/14/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: Regarding July 17, 2014, Status Conference - Telephone Participation. The Status Conference will begin at 9:00 am CDT. Please dial in no later than 8:55 am CDT. (BJS)



DATE: 06/27/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Theodore Bilan, (Doc. No. [11] in 14-cv-1366 DWF/FLN). Signed by Judge Donovan W. Frank on 6/27/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-1366 DWF/FLN).(BJS)



DATE: 06/04/2014
ORDER: Amended Pretrial Order 8
DESCRIPTION: AMENDED 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 6/5/2014. (Attachments: # (1) Exhibit A - Master Plaintiff's Preliminary Disclosure Form, # (2) Exhibit B - Plaintiff Fact Sheet)(BJS)



DATE: 06/02/2014
ORDER: Amended Pretrial Order 10
DESCRIPTION: AMENDED PRETRIAL ORDER NO. 10 (Master Long and Short Form Complaints and Jury Trial Demand). Signed by Judge Donovan W. Frank on 6/2/2014. (Attachments: # 1 Exhibit A -Master Long Form Complaint, # 2 Exhibit B - Master Short Form Complaint)(BJS) (Entered: 06/02/2014).



DATE: 05/29/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: Regarding June 12, 2014, Status Conference - Telephone Participation. The Status Conference will begin at 9:00 am CDT. Please dial in no later than 8:55 am. (This Notice pertains to the MDL case 13-md-2441 DWF/FLN and all individual member cases.)



DATE: 05/28/2014
ORDER: NOTICE
DESCRIPTION: 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)



DATE: 05/28/2014
ORDER: Pretrial Order #18
DESCRIPTION: PRETRIAL ORDER NO. 18 (Order Establishing Common Benefit Fee and Expense Fund). Signed by Judge Donovan W. Frank on 5/28/2014. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(BJS)



DATE: 05/28/2014
ORDER: Pretrial Order #19
DESCRIPTION: PRETRIAL ORDER NO. 19 (Order Regarding Bellwether Categories). Signed by Judge Donovan W. Frank on 5/28/2014 and Magistrate Judge Franklin L. Noel on 5/22/2014. (BJS)



DATE: 05/28/2014
ORDER: Order
DESCRIPTION: ORDER ON REQUEST FOR PARTIAL RECONSIDERATION OF PRETRIAL ORDER NO. 16. Plaintiffs' Request for Partial Reconsideration of PTO 16 (Doc. No. [293]) is DENIED. Signed by Judge Donovan W. Frank on 5/28/2014. (BJS)



DATE: 05/28/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to Ardyce and Keith Haarstick (MDL No. 13-2441 (DWF/FLN), Doc. No. [325]; Civil No. 13-1897 (DWF/FLN), Doc. No. [28]). Signed by Judge Donovan W. Frank on 5/28/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1897 DWF/FLN)(BJS)



DATE: 05/28/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE in re Donald B. Driver, Sr., and Juanita Driver (MDL No. 13-2441 (DWF/FLN), Doc. No. [328]; Civil No. 14-205 (DWF/FLN), Doc. No. [20]). Signed by Judge Donovan W. Frank on 5/28/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-205 DWF/FLN).(BJS)



DATE: 05/28/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE in re Mark Louis Elletson and Jolinda Joy Elletson (MDL No. 13-2441 (DWF/FLN), Doc. No. [330]; Civil No. 14-787 (DWF/FLN), Doc. No. [4]). Signed by Judge Donovan W. Frank on 5/28/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-787 DWF/FLN).(BJS)



DATE: 05/27/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE as to Marlae R. Cox-Kolek and Michael A. Kolek (MDL No. 13-2441 (DWF/FLN), Doc. No. [317]; Civil No. 13-2862 (DWF/FLN), Doc. No. [30]). Signed by Judge Donovan W. Frank on 5/27/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2862 DWF/FLN).(BJS)



DATE: 05/27/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: Regarding June 12, 2014, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 13-md-2441 DWF/FLN and all individual member cases.)



DATE: 05/23/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE in re Anthony Williams as to Defendant Dignity Health d/b/a French Hospital (incorrectly sued as French Hospital Medical Center) (Doc. No. 30). Signed by Judge Donovan W. Frank on 5/23/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-587 DWF/FLN)



DATE: 05/20/2014
ORDER: Notice
DESCRIPTION: REVISED NOTICE to Counsel: Revised Stryker MDL Status Conference Schedule for 2014 (June through December, 2014). This notice reflects the correct August date of August 21, 2014. (BJS)



DATE: 05/15/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re 290 Stipulation of Dismissal as to Louise Hough. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-3168 DWF/FLN). Signed by Judge Donovan W. Frank on 5/15/2014. (BJS)



DATE: 05/15/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE re 287 Stipulation of Dismissal as to Charles Newton. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-776 DWF/FLN). Signed by Judge Donovan W. Frank on 5/15/2014.(BJS)



DATE: 05/15/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re 288 Stipulation of Dismissal as to Robert Welsch and Joan Welsch. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-895 DWF/FLN). Signed by Judge Donovan W. Frank on 5/15/2014. (BJS)



DATE: 05/15/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re 286 Stipulation of Dismissal as to Pamela Souhlas and Peter Souhlas. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-3156 DWF/FLN). Signed by Judge Donovan W. Frank on 5/15/2014. (BJS)



DATE: 05/15/2014
ORDER: Notice
DESCRIPTION: NOTICE to Counsel: Revised Stryker MDL Status Conference Schedule for 2014 (June through December, 2014). (BJS)



DATE: 05/14/2014
ORDER: Order
DESCRIPTION: ORDER GRANTING MOTION BY PERSONAL REPRESENTATIVE TO BE SUBSTITUTED AS PLAINTIFF. 1. The Motion for Substitution of Plaintiff (Civil No. 13-3533 (DWF/FLN), Doc. No. 21) is GRANTED. 2. Tracy Godwin, Personal Representative for the Estate of Robert C. Bell, deceased, shall be SUBSTITUTED as Plaintiff in this matter. Signed by Judge Donovan W. Frank on 5/12/2014. (BJS) (Entered: 05/14/2014)



DATE: 05/13/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re Stipulation of Dismissal filed by Howmedica Osteonics Corp., Stryker Corporation as to Alexander Procho. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:14-cv-204 DWF/FLN). Signed by Judge Donovan W. Frank on 5/13/2014.(BJS)



DATE: 05/13/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re 292 Stipulation of Dismissal filed by Howmedica Osteonics Corp., Stryker Corporation as to Darriel Howard and Debra Howard. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2110 DWF/FLN). Signed by Judge Donovan W. Frank on 5/13/2014. (BJS)



DATE: 05/13/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE re 289 Stipulation of Dismissal filed by Howmedica Osteonics Corp., Stryker Corporation as to Arthur Charleston and Bertha Jackson Charleston. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1818 DWF/FLN). Signed by Judge Donovan W. Frank on 5/13/2014. (BJS)



DATE: 05/13/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE re Stipulation of Dismissal filed by Stryker Sales Corporation, Howmedica Osteonics Corp., Stryker Corporation as to Christine Geiselhart and Paul Geiselhart. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2405 DWF/FLN) (Entered: 05/13/2014)



DATE: 05/13/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE re Stipulation of Dismissal filed by Stryker Sales Corporation, Howmedica Osteonics Corp., Stryker Corporation as to Lisa Lincoln and Brett Lincoln. Signed by Judge Donovan W. Frank on 5/13/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1466 DWF/FLN)(BJS) (Entered: 05/13/2014)



DATE: 05/13/2014
ORDER: Amended PreTrial Order #9
DESCRIPTION: 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)



DATE: 05/12/2014
ORDER: Order
DESCRIPTION: 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)



DATE: 05/09/2014
ORDER: PreTrial Order #17
DESCRIPTION: 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)



DATE: 05/06/2014
ORDER: PreTrial Order #16
DESCRIPTION: 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)



DATE: 05/06/2014
ORDER: PreTrial Order #15
DESCRIPTION: 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)



DATE: 05/01/2014
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 5/1/2014. (Court Reporter Jeanne Anderson) (BJS) (Entered: 05/06/2014)



DATE: 04/22/2014
ORDER: PreTrial Order #14
DESCRIPTION: 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)



DATE: 04/21/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE in re: Notice of Voluntary Dismissal re Leonard Davenport. Signed by Judge Donovan W. Frank on 4/21/2014. (Associated cases: 0:13-md-2441-DWF/FLN; 0:13-2440-DWF/FLN) (BJS)



DATE: 04/16/2014
ORDER: Instructions
DESCRIPTION: NOTICE to Attorneys: Regarding May 1, 2014, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 13-md-2441 DWF/FLN and all individual member cases.) (BJS)



DATE: 04/15/2014
ORDER: PreTrial Order #13
DESCRIPTION: 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)



DATE: 04/09/2014
ORDER: Amended Pretrial Order #4
DESCRIPTION: 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)



DATE: 03/25/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE. Based upon the Notice of Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i) filed by the Plaintiffs Verney and Debbie Boyett on February 28, 2014, (Civil No. 13-3422 (DWF/FLN), Doc. No. [17]). Signed by Judge Donovan W. Frank on 3/31/2014. (Associated Cases 0:13-md-2441 DWF/FLN; 0:13-cv-3422 DWF/FLN)(BJS)



DATE: 03/25/2014
ORDER: Order
DESCRIPTION: ORDER SETTING BRIEFING SCHEDULE ON MOTION TO COMPEL DISCOVERY. 1. The Joint Motion to Modify Briefing Schedule on Plaintiffs' Motion to Compel Discovery (Doc. No. [229]) is GRANTED. 2. Defendants shall file their response to Plaintiffs' motion to compel on or before April 4, 2014. 3. Plaintiffs shall file a reply memorandum on or before April 11, 2014. Signed by Judge Donovan W. Frank on 3/31/2014. (BJS



DATE: 03/25/2014
ORDER: Amended PreTrial Order #12
DESCRIPTION: 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. (BJS)



DATE: 03/20/2014
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 3/20/2014. The items included on the Proposed Joint Agenda [213] were discussed. The next Status Conference will be held on May 1, 2014, at 2:00 PM. (Please note the afternoon start time.) (Court Reporter Jeanne Anderson) (BJS)



DATE: 03/14/2014
ORDER: PreTrial Order #12
DESCRIPTION: 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)



DATE: 03/14/2014
ORDER: Instructions
DESCRIPTION: NOTICE to Attorneys: Regarding March 20, 2014, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 13-md-2441 DWF/FLN and all individual member cases.) (BJS)



DATE: 02/25/2014
ORDER: Amended PreTrial Order #11
DESCRIPTION: 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)



DATE: 02/25/2014
ORDER: Order
DESCRIPTION: 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.



DATE: 02/25/2014
ORDER: PreTrial Order #11
DESCRIPTION: 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)



DATE: 02/20/2014
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 2/20/2014. (Court Reporter Jeanne Anderson) (BJS) (Entered: 02/25/2014)



DATE: 02/18/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: Regarding February 20, 2014, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 13-md-2441 DWF/FLN and all individual member cases.) (BJS)



DATE: 02/18/2014
ORDER: Letter
DESCRIPTION: LETTER TO STATE COURT JUDGES from Judge Donovan W. Frank.



DATE: 02/12/2014
ORDER: Notice
DESCRIPTION: NOTICE to Attorneys: The Short Form Complaint format has been updated to include case caption information. (Attachments: # (1) Attachment - Updated Short Form Complaint and Jury Trial Demand)(BJS))



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Voluntary Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (A)(1)(a)(i) filed by the Plaintiff Angela K. Hillard on September 17, 2013 (Civil No. 13-1625 (DWF/FLN), Doc. No. [10]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated Cases 0:13-md-2441 DWF/FLN; 0:13-cv-1625 DWF/FLN)(BJS)



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Voluntary Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (A)(1)(a)(i) filed by the Plaintiff Amado M. Torres on September 17, 2013 (Civil No. 13-1627 (DWF/FLN), Doc. No. [10]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated Cases 0:13-md-2441 DWF/FLN; 0:13-cv-1627 DWF/FLN)(BJS)



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Voluntary Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (A)(1)(a)(i) filed by the Plaintiff Sandy Dworkin on September 17, 2013 (Civil No. 13-1913 (DWF/FLN), Doc. No. [9]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated Cases 0:13-md-2441 DWF/FLN; 0:13-cv-1913 DWF/FLN)(BJS)



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Voluntary Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (A)(1)(a)(i) filed by the Plaintiff Danaka F. Longacre on September 17, 2013 (Civil No. 13-1914 (DWF/FLN), Doc. No. [9]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated Cases 0:13-md-2441 DWF/FLN; 0:13-1914 DWF/FLN)(BJS)



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (A)(1)(a)(i) filed by the Plaintiff John Nofs on October 3, 2013, (Civil No. 13-2138 (DWF/FLN), Doc. No. [10]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2138 DWF/FLN)(BJS)



DATE: 01/30/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Based upon the Notice of Voluntary Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(i) filed by the Plaintiff Eunice Black on September 19, 2013, in MDL No. 13-2441 (DWF/FLN) (Doc. No. [59]), and on September 20, 2013, in Civil No. 13-2271 (DWF/FLN) (Doc. No. [8]), this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 1/30/2014. (Associated cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2271 DWF/FLN)(BJS)



DATE: 01/23/2014
ORDER: PreTrial Order #10
DESCRIPTION: 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)



DATE: 01/15/2014
ORDER: NOTICE
DESCRIPTION: NOTICE to Attorneys: Regarding January 23, 2014, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 0:13-md-2441 DWF/FLN and all individual member cases.) (Entered: 01/15/2014)



DATE: 01/03/2014
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITH PREJUDICE per Joint Stipulation of Dismissal With Prejudice as to Ruby Phillippi in MDL No. 13-2441 (DWF/FLN) (Doc. No. 104 ), and in Civil No. 13-1443 (DWF/FLN) (Doc. No. 25 ). Signed by Judge Donovan W. Frank on 01/03/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1443 DWF/FNL)(BJS) (Entered: 01/03/2014)



DATE: 01/03/2014
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS GALEN HOSPITAL ALASKA, INC. D/B/A ALASKA REGIONAL HOSPITAL, JEFF VAUGHN, AMERICAN MEDICAL CONCEPTS, INC., AND STRYKER CORPORATION; DELETION OF HOWMEDICA OSTEONICS CORP. D/B/A STRYKER ORTHOPAEDICS FROM CAPTION; AND WITHDRAWAL OF PLAINTIFFS' MOTION FOR REMAND. Based on the stipulation of the parties (MDL No. 13-2441 (DWF/FLN), Doc. No. 150 ; Civil No. 13-1444 (DWF/FLN), Doc. No. 64 ), 1. Plaintiffs' claims against Galen Hospital Alaska, Inc. d/b/a Alaska Regional Hospital are hereby DISMISSED WITH PREJUDICE before answer; 2. Plaintiffs' claims against Jeff Vaughn, American Medical Concepts, Inc., and Stryker Corporation are hereby DISMISSED WITH PREJUDICE; 3. Named Defendant "Howmedica Osteonics Corp. d/b/a Stryker Orthopaedics" is hereby DELETED from the case caption; 4. This action shall proceed with Howmedica Osteonics Corp (HOC) as the sole remaining Defendant; 5. Plaintiffs have WITHDRAWN their motion for remand WITH PREJUDICE; and 6. All parties shall bear their own costs and attorney fees with respect to the involvement of any party dismissed by virtue of the parties' stipulation and this order, and with respect to motion practice relative to the withdrawn motion for remand and underlying removal. Signed by Judge Donovan W. Frank on 01/03/2014. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1444 DWF/FNL)(BJS) (Entered: 01/03/2014)



DATE: 12/23/2013
ORDER: PreTrial Order #9
DESCRIPTION: 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)



DATE: 12/23/2013
ORDER: PreTrial Order #8
DESCRIPTION: 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)



DATE: 12/19/2013
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 12/19/2013. (Court Reporter Jeanne Anderson) (BJS)
   Handouts:
     Rejuvenate List of Plaintiff's Counsel with Cases in the MDL
     Rejuvenate Map of Cases



DATE: 12/19/2013
ORDER: PreTrial Order #7
DESCRIPTION: 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)



DATE: 12/16/2013
ORDER: Agenda
DESCRIPTION: Status Conference Agenda for 12-19-2013.



DATE: 12/05/2013
ORDER: NOTICE
DESCRIPTION: NOTICE to Attorneys: Regarding December 19, 2013, Status Conference - Telephone Participation. (This Notice pertains to the MDL case 0:13-md-2441 DWF/FLN and all individual member cases.)



DATE: 12/12/2013
ORDER: Memorandum Opinion and Order
DESCRIPTION: MEMORANDUM OPINION AND ORDER. 1. Plaintiff's Motion to Remand (MDL No. 13-2441 (DWF/FLN), Doc. No. [12]; Civil No. 13-1811 (DWF/FLN), Doc. No. [13]) is GRANTED IN PART and DENIED IN PART as follows: a. With respect to Defendants Mercy Hospital and Dignity Health, the motion is GRANTED. All claims asserted against Defendants Mercy Hospital and Dignity Health are hereby are SEVERED and REMANDED to the Superior Court of the State of California for the County of Sacramento. b. With respect to Defendants Stryker Corporation, Stryker Sales Corporation, and Stryker Orthopaedics, the motion is DENIED. The Court retains jurisdiction over all claims asserted against Defendants Stryker Corporation, Stryker Sales Corporation, and Stryker Orthopaedics. 2. Plaintiff's Motion to Reinstate CTO-3 (MDL No. 13-2441 (DWF/FLN), Doc. No. [17]; Civil No. 13-1811 (DWF/FLN), Doc. No. [10]) is DENIED AS MOOT. (Written Opinion). Signed by Judge Donovan W. Frank on 12/12/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1811 DWF/FNL)



DATE: 12/05/2013
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Telephone Conference with LCC held on 12/5/2013. (Court Reporter Jeanne Anderson) (BJS)



DATE: 12/04/2013
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to NOTICE of Voluntary Dismissal by Lisa Eickman. Signed by Judge Donovan W. Frank on 12/4/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1829 DWF/FNL)(BJS) (Entered: 12/04/2013)



DATE: 12/04/2013
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to NOTICE of Voluntary Dismissal by Richard Pando, Stephanie Pando (Doc. No. 68 ). Signed by Judge Donovan W. Frank on 12/4/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1822 DWF/FNL)(BJS) (Entered: 12/04/2013)



DATE: 12/03/2013
ORDER: Order
DESCRIPTION: ORDER DISMISSING CASE WITHOUT PREJUDICE as to NOTICE of Voluntary Dismissal by Dorothy Mae McGlorn Clayton (Doc. No. [10]). Signed by Judge Donovan W. Frank on 12/3/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-2113 DWF/FNL (BJS).



DATE: 11/21/2013
ORDER: Minutes
DESCRIPTION: Minutes from Status Conference held on November 21, 2013.
   Handouts:
     Geographic Breakdown of Stryker Rejuvenate ABG II MDL Cases
     Plaintiff's Counsel with Cases in the MDL (11/18/2013)



DATE: 11/21/2013
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 11/21/2013 re 13 First MOTION to Remand to State Court filed by David Akin. (Court Reporter Jeanne Anderson) (Entered: 11/21/2013)



DATE: 11/21/2013
ORDER: PreTrial Order #6
DESCRIPTION: 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.



DATE: 11/05/2013
ORDER: PreTrial Order #5
DESCRIPTION: 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.



DATE: 10/09/2013
ORDER: Order
DESCRIPTION: ORDER REGARDING LEADERSHIP STRUCTURE FOR PLAINTIFFS' COUNSEL. See Order for details. Signed by Judge Donovan W. Frank on 10/09/2013. (Entered: 10/09/2013)



DATE: 10/04/2013
ORDER: Order
DESCRIPTION: ORDER 1. The parties' Joint Motion For Entry of Briefing Schedule for Plaintiff's Motion to Remand is GRANTED; 2. Defendants Stryker Sales Corporation and Stryker Corporation's Opposition to Motion to Remand shall be filed on or before October 4, 2013; and 3. Plaintiffs Reply Brief shall be filed on or before October 18, 2013. 4. Plaintiff's Motion to Remand will be scheduled for oral argument during the next MDL status conference on November 21, 2013.. Signed by Judge Donovan W. Frank on 10/4/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1811 DWF/FLN)



DATE: 10/04/2013
ORDER: Order
DESCRIPTION: ORDER GRANTING PLAINTIFF'S MOTION TO DROP HOWMEDICA D/B/A/ STRYKER ORTHOPAEDICS AS A PARTY. re 57 Stipulation filed by Toll W. McDaniel, Jr. Signed by Judge Donovan W. Frank on 10/3/2013.(Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1877 DWF/FLN). Signed by Judge Donovan W. Frank on 10/3/2013. (Entered: 10/04/2013)



DATE: 10/04/2013
ORDER: Order
DESCRIPTION: ORDER GRANTING PLAINTIFF'S MOTION TO DROP HOWMEDICA D/B/A/ STRYKER ORTHOPAEDICS AS A PARTY. re 56 Stipulation filed by Francis R. Swartz. Signed by Judge Donovan W. Frank on 10/3/2013. (Associated Cases:0:13-md-2441 DWF/FLN; 0:13-cv-1879 DWF/FLN). Signed by Judge Donovan W.Frank on 10/3/2013.



DATE: 10/03/2013
ORDER: PreTrial Order #4
DESCRIPTION: 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.



DATE: 09/30/2013
ORDER: TEXT ORDER ONLY
DESCRIPTION: TEXT ONLY ORDER: The Court has received several emails from interested parties raising various concerns and requests regarding Plaintiffs' Interim Lead Counsel's proposed leadership structure in this MDL. Any party seeking to respond to the proposed order regarding leadership structure (Doc. No. 64-2) shall do so by filing a brief letter on the docket in MDL No. 13-2441 on or before 5 p.m. on October 4, 2013. Signed by Judge Donovan W. Frank on 9/30/2013



DATE: 09/16/2013
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 9/9/2013. By the close-of-business on September 16, 2013, the Plaintiffs will provide the Court with an update as to the Lead Plaintiff issue. By the close-of-business on September 17, 2013, the parties will simultaneously file 3-page letter briefs regarding the direct file issue. The next status conference will be held on November 21, 2013, at 9:00 a.m. (Court Reporter Jeanne Anderson) (Attachments: # (1) Attachment A, # (2) Attachment B)



DATE: 09/13/2013
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re Notice of Voluntary Dismissal filed by Katherine Huxhold, Jason Huxhold. Signed by Judge Donovan W. Frank on 9/13/2013. (Associated cases 0:13-md-2441 DWF/FLN; 0:13-cv-1616
DWF/FLN)



DATE: 09/11/2013
ORDER: Order
DESCRIPTION: ORDER GRANTING JOINT MOTION FOR SUGGESTION OF REMAND. This action, D. Minn. Civil No. 13-2196 (DWF/FLN), should be remanded to the transferor court, the United States District Court for the District of Rhode Island. A copy of this Order shall be filed with the office of the Clerk for the Judicial Panel on Multidistrict Litigation. Signed by Judge Donovan W. Frank on 9/11/2013.(0:13-md-2441 DWF/FLN; 0:13-cv-2196 DWF/FLN).



DATE: 09/05/2013
ORDER: PreTrial Order #3
DESCRIPTION: 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.



DATE: 09/04/2013
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re [45] Notice of Voluntary Dismissal filed by Jane Orndorff, Paul Orndorff. Signed by Judge Donovan W. Frank on 9/4/2013. (Associated cases: 0:13-md-2441 DWF/FLN: 0:13-cv-329 DWF/FLN).



DATE: 09/04/2013
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re [44] Notice of Voluntary Dismissal filed by Joan Graham, Gerald Graham. Signed by Judge Donovan W. Frank on 9/4/2013. (Associated cases: 0:13-md-2441 DWF/FLN: 0:13-cv-1730 DWF/FLN)



DATE: 08/02/2013
ORDER: Order
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Donovan W. Frank on 8/2/2013. (Associated Cases: 0:13-md-2441 DWF/FLN; 0:13-cv-1468 DWF/FLN Annalisa Fox v. Howmedica Osteonics Corporation)



DATE: 07/03/2013
ORDER: PreTrial Order #2
DESCRIPTION: 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.



DATE: 07/03/2013
ORDER: PreTrial Order #1
DESCRIPTION: PRETRIAL ORDER NO. 1 (Establishing Preliminary Procedures and Appointing Interim Counsel).



DATE: 07/01/2013
ORDER: Order
DESCRIPTION: 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


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