McMillon v. DePuy Orthopaedics, Inc.

Full title: DEBORAH McMILLON, an individual and RICHARD McMILLON, an individual…

Court: United States District Court, District of Nevada

Date published: Apr 10, 2023

2:13-cv-01444-JCM-PAL (D. Nev. Apr. 10, 2023)

Opinion

2:13-cv-01444-JCM-PAL

04-10-2023

DEBORAH McMILLON, an individual and RICHARD McMILLON, an individual, Plaintiffs, v. DEPUY ORTHOPAEDICS, INC., an Indiana Corporation, JOHNSON & JOHNSON, a New Jersey Corporation, and DOES I through X, inclusive, and ROE CORPORATIONS I through X, inclusive, Defendants.

MORRIS LAW GROUP Robert McCoy, No. 9121 Joni A. Jamison, No. 11614 Attorneys for Defendants DePuy Orthopaedics, Inc. and Johnson & Johnson THE FIRM, P.C. Preston Rezaee, No. 10729 Ryan Alexander, No. 10845 Attorneys for Plaintiffs

BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE

MORRIS LAW GROUP Robert McCoy, No. 9121 Joni A. Jamison, No. 11614 Attorneys for Defendants DePuy Orthopaedics, Inc. and Johnson & Johnson

THE FIRM, P.C. Preston Rezaee, No. 10729 Ryan Alexander, No. 10845 Attorneys for Plaintiffs

STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT (FIRST REQUEST)

BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE

Pursuant to LR 7-1(a), plaintiffs Deborah McMillon and Richard McMillon and defendants DePuy Orthopaedics, Inc. and Johnson & Johnson stipulate to extend the time for the defendants to file a response to plaintiffs' Complaint (#1), filed August 9, 2013 and served on December 2, 2013. The parties stipulate that DePuy shall have 21 days from the date the Judicial Panel on Multi-District Litigation transfers this case to MDL No. 2244, In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, pending in the United States District Court for the Northern District of Texas pursuant to 28 U.S.C. § 1407. This stipulation is made to permit the defendants to apply the master answers currently on file in the MDL to this case after this action has been transferred to the MDL.

ORDER

IT IS ORDERED that ECF No. 8 is DENIED without prejudice. ECF No. 8 was filed nearly ten years ago and sought an extension of time to file an answer once this case was transferred to the MDL. As this case was long ago transferred to the MDL, this stipulation appears moot. Accordingly, the Court will deny it without prejudice. The Court will also set this case for a status hearing on April 21, 2023 at 1:00 p.m. by Zoom video conference so the parties can inform the Court where they are at in the litigation and what remains to be done. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff miller@nvd.uscourts.gov.

IT IS SO ORDERED