Case details

Court: pawd
Docket #: 3:06-cv-00043
Case Name: BEHE v. ZIMMER, INC.
PACER case #: 73810
Date filed: 2006-02-23
Date terminated: 2007-09-24
Assigned to: Kim R. Gibson
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 365 Personal Inj. Prod. Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-02-23 1 0 NOTICE OF REMOVAL from Court of Common Pleas of Blair County, case number 2004-01150. Copies attached: Complaint. (Filing fee $ 250; receipt number 06000197), filed by ZIMMER, INC.. (Attachments: # 1 Exhibit A - Complaint# 2 Civil Cover Sheet # 3 receipt)(cen ) (Entered: 02/27/2006)
2006-02-27 2 0 ANSWER to Complaint by ZIMMER, INC..(McLane, Daniel) (Entered: 02/27/2006)
2006-02-27 3 0 Correspondence dated 2/27/06 from U.S. District Court Clerk's Office to Francis J. Lafferty, IV, Esq. re: attorney admittance. (cen) (Entered: 02/27/2006)
2006-02-23 4 0 Disclosure Statement by ZIMMER, INC. (cen ) (Entered: 02/28/2006)
2006-03-02 5 0 NOTICE of Hearing: Initial Rule 16 Scheduling Conference set for 4/24/2006, at 9:00 AM, in Courtroom A, 104 Penn Traffic Building, 319 Washington Street, Johnstown, PA before Judge Kim R. Gibson; and as more fully stated in said Scheduling Conference Notice. (dlg) (Entered: 03/02/2006)
2006-03-02 6 0 ORDER that an Initial Rule 16 Scheduling Conference is set for 4/24/2006, at 9:00 AM; Disclosures required by Rule 26(f) due by 4/3/2006; Rule 26(f) Report must be filed by 4/17/2006; and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 3/1/2006. (dlg) (Entered: 03/02/2006)
2006-03-06 7 0 MOTION for attorney J. Stephen Bennett and Kellye M. Gordon to Appear Pro Hac Vice by ZIMMER, INC.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)(Sweeney, Thomas) (Entered: 03/06/2006)
2006-03-07 8 0 ORDER granting 7 Motion to Appear Pro Hac Vice as to J. Stephen Bennett and Kellye M. Gordon . Signed by Judge Kim R. Gibson on 3/7/3006. (dlg) (Entered: 03/07/2006)
2006-03-07 9 0 Pro Hac Vice Fees received in the amount $ 80; receipt # 06000220 re 7 Motion to Appear Pro Hac Vice (cen ) (Entered: 03/07/2006)
2006-04-17 10 0 NOTICE of Appearance by Alan H. Perer on behalf of LAWRENCE J. BEHE (Engel, Carlyle) Modified on 4/18/2006 (cen ). (Entered: 04/17/2006)
2006-04-17 11 0 NOTICE of Appearance by Carlyle J. Engel on behalf of LAWRENCE J. BEHE (Engel, Carlyle) (Entered: 04/17/2006)
2006-04-17 12 0 ERROR: WRONG EVENT SELECTED; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW. NOTICE by LAWRENCE J. BEHE of Withdraw of Appearance of Attorney Francis Lafferty IV (Engel, Carlyle) Modified on 4/18/2006 (cen ). (Entered: 04/17/2006)
2006-04-17 13 0 PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by LAWRENCE J. BEHE.(Engel, Carlyle) (Entered: 04/17/2006)
2006-04-17 14 0 MOTION to Withdraw as Attorney by LAWRENCE J. BEHE. This document was previously filed electronically. (cen ) (Entered: 04/18/2006)
2006-04-20 15 0 ORDER granting 14 Motion to Withdraw as Attorney. Attorney Francis J. Lafferty, IV terminated. Signed by Judge Kim R. Gibson on 4/20/2006. (dlg) (Entered: 04/20/2006)
2006-05-19 16 0 Proposed Case Management Order by ZIMMER, INC.. (Sweeney, Thomas) (Entered: 05/19/2006)
2006-05-19 17 0 NOTICE by ZIMMER, INC. to withdraw the appearance of Daniel B. McLane as counsel (McLane, Daniel) (Entered: 05/19/2006)
2006-05-22 18 0 Disclosure Statement by LAWRENCE J. BEHE.. (Engel, Carlyle) (Entered: 05/22/2006)
2006-05-23 19 0 ORDER re 17 Notice of Withdrawal of Daniel B. McLane as counsel on behalf of Defendant, Zimmer, Inc., filed by ZIMMER, INC. - said Notice of Withdrawal is so Ordered. Signed by Judge Kim R. Gibson on 5/22/2006. (dlg) (Entered: 05/23/2006)
2006-05-23 20 0 INITIAL SCHEDULING ORDER: Exchange of required Rule 26(a)(1) information due by 5/22/2006; Amended Pleadings due by 8/15/2006; Joinder of Parties due by 8/15/2006; Discovery due by 3/15/2007; the Plaintiff shall make his disclosure of experts required by Rule 26(a)(2) by 10/30/2006; the defendant shall make its disclosure of experts required by Rule 26(a)(2) by 1/30/2007; the defendant shall complete depositions of the plaintiff's expert(s) by 12/15/2006; the plaintiff shall complete depositions of the defendant's expert(s) by 3/15/2007; the parties elect to schedule the Post-Discovery Status Conference after the 3/15/2007 close of fact discovery; Dispositive Motions due by 4/16/2007; and as more fully stated in said Initial Scheduling Order. Signed by Judge Kim R. Gibson on 5/19/2006. (dlg,) (Entered: 05/23/2006)
2006-10-26 21 0 MOTION to Extend Time for Pretrial Deadlines, And In Particular, For Plaintiff To File Expert Reports by LAWRENCE J. BEHE. (Attachments: # 1 Proposed Order)(Engel, Carlyle) Modified on 10/30/2006 (cen). (Entered: 10/26/2006)
2006-11-02 22 0 Unopposed MOTION for Protective Order by ZIMMER, INC.. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order)(Gordon, Kellye) (Entered: 11/02/2006)
2006-11-02 23 0 BRIEF in Support re 22 Unopposed MOTION for Protective Order filed by ZIMMER, INC.. (Gordon, Kellye) (Entered: 11/02/2006)
2006-11-06 24 0 ORDER approving 22 Stipulated Protective Order; and as more fully stated in said Protective Order. Signed by Judge Kim R. Gibson on 11/6/2006. (dlg) (Entered: 11/06/2006)
2006-11-15 25 0 RESPONSE to Motion re 21 MOTION to Extend Time for Pretrial Deadlines, And In Particular, For Plaintiff To File Expert Reports filed by ZIMMER, INC. (Gordon, Kellye) Modified on 11/16/2006 (cen ). (Entered: 11/15/2006)
2006-11-20 26 0 MOTION for Leave to File Reply To Zimmer's 25 Response To Motion For Extension by LAWRENCE J. BEHE. (Attachments: # 1 Exhibit A (Reply)# 2 Proposed Order)(Engel, Carlyle) Modified on 11/21/2006 (cen ). (Entered: 11/20/2006)
2006-11-20 27 0 ORDER granting 21 Motion for Extension of Pretrial Deadlines and in Particular, for Plaintiff to File Expert Reports; Plaintiff shall make his disclosure of experts required by Rule 26(a)(2) by 12/15/2006; Defendant shall complete depositions of the Plaintiff's expert(s) by 1/31/2007; Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 4/16/2007; Plaintiff shall complete depositions of Defendant's expert(s) by 5/31/2007; Fact Discovery due by 5/31/2007; Dispositive Motions due by 7/2/2007; a Post-Discovery Status Conference is set for 6/25/2007, at 9:30 AM in Room 104, 319 Washington Street, Johnstown, PA before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 11/20/2006. (dlg) (Entered: 11/20/2006)
2006-11-21 28 0 ORDER granting 26 Plaintiff's Motion for Leave to File a Reply to Defendant's Response to Motion for Extension. Signed by Judge Kim R. Gibson on 11/21/2006. (krt) (Entered: 11/21/2006)
2006-11-21 29 0 AMENDED ORDER: Plaintiff shall make his disclosure of experts required by Rule 26(a)(2) by 12/29/2006; Defendant shall complete depositions of the Plaintiff's expert(s) by 2/14/2007; Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 4/30/2007; Plaintiff shall complete depositions of Defendant's expert(s) by 6/14/2007; Fact Discovery due by 6/14/2007; Dispositive Motions due by 7/16/2007; a Post-Discovery Status Conference is set for 7/9/2007, at 9:30 AM in Room 104, 319 Washington Street, Johnstown, PA before Judge Kim R. Gibson. Signed by Judge Kim R. Gibson on 11/21/2006. (dlg) (Entered: 11/21/2006)
2006-12-27 30 0 Consent MOTION to Extend Time for Pretrial Deadlines by LAWRENCE J. BEHE. (Attachments: # 1 Proposed Order)(Engel, Carlyle) Modified on 12/28/2006 (jjg). (Entered: 12/27/2006)
2007-01-03 31 0 ORDER granting 30 Motion for Extension of Pretrial Deadlines; Plaintiff shall make his disclosure of experts required by Rule 26(a)(2) by 1/12/2007; Defendant shall complete depositions of Plaintiff's experts by 2/28/2007; Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 5/14/2007; Plaintiff shall complete depositions of Defendant's experts by 6/28/2007; Fact Discovery due by 6/28/2007; Dispositive Motions due by 7/30/2007; the parties elect to schedule the post-discovery status conference after the 6/28/2007 close of fact discovery; in all other respects, the initial Scheduling Order shall remain the same. Signed by Judge Kim R. Gibson on 1/2/2007. (dlg) (Entered: 01/03/2007)
2007-02-21 32 0 ERROR: DOCUMENT FILED IN ERROR; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; MOTION TERMINATED; MOTION for attorney J. Byron Hayes to Appear Pro Hac Vice by ZIMMER, INC. (Attachments: # 1 Affidavit of J. Byron Hayes in Support# 2 Proposed Order)(Mullenbach, Erika) Modified on 2/27/2007 (cen). (Entered: 02/21/2007)
2007-02-21 33 0 Pro Hac Vice Fees received in the amount $ 40; receipt # 07000195 re: 32 Motion to Appear Pro Hac Vice (cen) (Entered: 02/21/2007)
2007-02-27 34 0 MOTION for attorney J. Byron Hayes to Appear Pro Hac Vice by ZIMMER, INC.. (Attachments: # 1 Affidavit of J. Byron Hayes# 2 Proposed Order)(Mullenbach, Erika) (Entered: 02/27/2007)
2007-02-27 35 0 NOTICE of Substitution of Attorney Appearance by Erika L. Mullenbach on behalf of ZIMMER, INC. Attorney Kellye M Gordon terminated. (Attachments: # 1 Proposed Order)(Mullenbach, Erika) (Entered: 02/27/2007)
2007-03-02 36 0 ORDER granting 34 Motion to Appear Pro Hac Vice as to Jerome B. Hayes for Defendant Zimmer, Inc. Signed by Judge Kim R. Gibson on 3/1/2007. (dlg) (Entered: 03/02/2007)
2007-03-22 37 0 MOTION to Amend/Correct 31 Order on Motion to Extend Time, by ZIMMER, INC. (Attachments: # 1 Proposed Order)(Mullenbach, Erika) Modified on 3/23/2007 (cen). (Entered: 03/22/2007)
2007-03-23 38 0 AMENDED CASE MANAGEMENT ORDER: Defendant shall complete depositions of Plaintiff's experts by 5/30/2007; Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 6/14/2007; Plaintiff shall complete depositions of Defendant's experts by 7/30/2007; Fact Discovery due by 7/30/2007; Dispositive Motions due by 8/30/2007; the parties elect to schedule the post-discovery status conference after the 7/30/2007 close of fact discovery; in all other respects, the Initial Scheduling Order shall remain the same. Signed by Judge Kim R. Gibson on 3/23/2007. (dlg) (Entered: 03/23/2007)
2007-04-13 39 0 MOTION for attorney J. Joseph Tanner to Appear Pro Hac Vice by ZIMMER, INC.. (Attachments: # 1 Proposed Order # 2 Affidavit J. Joseph Tanner)(Mullenbach, Erika) (Entered: 04/13/2007)
2007-04-13 40 0 Pro Hac Vice Fees received in the amount $ 40; receipt # 07000263 re: 39 Motion to Appear Pro Hac Vice (cen) (Entered: 04/13/2007)
2007-04-16 41 0 ORDER granting 39 Motion to Appear Pro Hac Vice. Attorney J. Joseph Tanner added for Zimmer, Inc. Signed by Judge Kim R. Gibson on 4/16/2007. (dlg) (Entered: 04/16/2007)
2007-05-10 42 0 Second MOTION to Amend/Correct 38 Case Management Order, by ZIMMER, INC. (Attachments: # 1 Proposed Order)(Mullenbach, Erika) Modified on 5/11/2007 (cen). (Entered: 05/10/2007)
2007-05-16 43 0 SECOND AMENDED CASE MANAGEMENT ORDER: it is hereby Ordered that the Case Management Order governing this case is Amended as follows: Defendant shall complete depositions of Plaintiff's experts by 6/29/2007; Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 7/16/2007; Plaintiff shall complete depositions of Defendant's experts by 8/30/2007; Fact Discovery due by 8/30/2007; Dispositive Motions due by 10/1/2007; the parties elect to schedule the post-discovery status conference after the 8/30/2007 close of fact discovery; in all other respects, the Initial Scheduling Order shall remain the same. Signed by Judge Kim R. Gibson on 5/16/2007. (dlg) (Entered: 05/16/2007)
2007-06-21 44 0 Joint MOTION to Amend/Correct 43 Case Management Order, by ZIMMER, INC. (Attachments: # 1 Proposed Order)(Mullenbach, Erika) Modified on 6/22/2007 (cen ). (Entered: 06/21/2007)
2007-06-22 45 0 ORDER granting 44 Motion to Amend Case Management Order. Signed by Judge Kim R. Gibson on 6/22/2007. (dlg) (Entered: 06/22/2007)
2007-07-26 46 0 Joint MOTION to Amend Case Management Order by LAWRENCE J. BEHE. (Attachments: # 1 Proposed Order for Extension of Discovery Deadlines)(Engel, Carlyle) Modified on 7/27/2007 (cen). (Entered: 07/26/2007)
2007-07-27 47 0 ORDER granting 46 Motion for Extension of Time to Complete Discovery: it is hereby ordered that the Case Management Order governing this case is AMENDED as follows: (a) Defendant shall complete depositions of Plaintiff's experts on or before 8/31/2007; (b) Defendant shall make its disclosure of experts required by Rule 26(a)(2) by 9/15/2007; (c) Plaintiff shall complete depositions of Defendant's experts by 11/1/2007; (d) Fact Discovery due by 11/1/2007; (e) Dispositive Motions due by 12/1/2007; (f) The parties elect to schedule the post-discovery status conference after the 11/1/2007 close of fact discovery; (g) In all other respects, the Initial Scheduling Order shall remain the same. Signed by Judge Kim R. Gibson on 7/27/2007. (dlg) (Entered: 07/27/2007)
2007-09-24 48 0 STIPULATION of Dismissal with Prejudice by ZIMMER, INC.. (Mullenbach, Erika) (Entered: 09/24/2007)