Elawyers Elawyers
Washington| Change

JEFFES v. JOHNSON & JOHNSON, INC., 5:13-cv-262-Oc-22PRL. (2013)

Court: District Court, M.D. Florida Number: infdco20130617608 Visitors: 16
Filed: Jun. 14, 2013
Latest Update: Jun. 14, 2013
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. This is a products liability action regarding the DePuy Pinnacle Acetabular Cup System (a device used in hip replacement surgery). On May 23, 2011, the Multidistrict Litigation ("MDL") Panel established MDL Proceeding No. 2244, In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, and transferred similar cases to the Northern District of Texas, before the Honorable James E. Kinkeade. See In re DePuy Orthopaedics, Inc.
More

ORDER

PHILIP R. LAMMENS, Magistrate Judge.

This is a products liability action regarding the DePuy Pinnacle Acetabular Cup System (a device used in hip replacement surgery). On May 23, 2011, the Multidistrict Litigation ("MDL") Panel established MDL Proceeding No. 2244, In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, and transferred similar cases to the Northern District of Texas, before the Honorable James E. Kinkeade. See In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, 787 F.Supp.2d 1358, 1360-61 (J.P.M.L. 2011). Defendants represent that they anticipate that this case will be transferred to that proceeding; and, as such, request a stay here and an extension of the deadline to respond to Plaintiffs' Complaint. (Doc. 4). Plaintiffs do not oppose Defendants' Motion. (Doc. 4).

This case is in the very early stages of litigation. Plaintiffs filed their Complaint in state court on April 4, 2013 (Doc. 2), and Defendants filed their notice of removal on June 6, 2013 (Doc. 1). A conditional transfer order has already been entered, and it appears that this case will be transferred to the MDL Proceedings. In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation (MDL 2244) (Doc. 1074). Thus, the Court is inclined to grant the motion to stay. Accordingly, it is ORDERED:

1) Defendants' Unopposed Motion to Stay and for Extension of Time to Respond to the Complaint (Doc. 4) is GRANTED. This action is stayed pending transfer to In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigatiion (MDL 2244).

2) In the event this action has not been transferred within 60 days of the date of this Order, then Defendants shall file a status report with the Court.

DONE and ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer