Trujillo v. Zimmer US, Inc.

FAEGRE DRINKER BIDDLE & REATH LLP {| TARIFA B. LADDON (Pro Hac Vice) [email protected] || THEODORE O’REILLY (Pro Hac Vice) theodore. □□□□□□□□□□□□□□□□□□□□□□□□□ || 11766 Wilshire Boulevard, Suite 750 Los Angeles, CA 90025 Telephone: (310) 500-2090 Facsimile: (310) 500-2091 ALVERSON TAYLOR & SANDERS |} LEANN SANDERS, ESQ.

Nevada Bar No. 000390 || 6605 Grand Montecito Parkway, Suite. 200 Las Vegas, NV 89149 □□ Telephone: (702) 384-7000 Facsimile: (702) 385-7000 || E-File: [email protected] || Attorneys for Defendants UNITED STATES DISTRICT COURT ~ DISTRICT OF NEVADA 4 JANENE TRUJILLO, CASE NO.: 3:19-cv-00056 “Zee 15 Plaintiff, 2 vs. [PROPOSED] ORDER GRANTING 17 JOINT MOTION TO STAY PENDING ZIMMER, US, INC., a Delaware Corporation, | TRANSFER TO MDL COURT || SYNVASIVE TECHNOLOGY, a California Corporation, BIOMET ORTHOPEDICS, LLC, | [Filed concurrently with Joint Motion and || an Indiana Limited Liability Company, Declaration of T. O’Reilly] BIOMET, INC., an Indiana Corporation, and || DOES I-X, inclusive, 21 Defendants. Complaint Filed: November 16, 2018 23 This matter comes before the Court on the Joint Motion to Stay Pending Transfer to ||the MDL Court submitted by Plaintiff Janene Trujillo (“Plaintiff”) and Defendants Zimmer, ||US, Inc., Synvasive Technology, Inc., Biomet Orthopedics LLC, and Biomet, Inc. || (collectively, “Zimmer/Biomet”).

27 The parties jointly request that the Court stay this action pending a decision on the ||conditional transfer to the multidistrict litigation proceeding In re Zimmer M/L Taper Hip 1 CC 26018 || Prosthesis, MDL No. 2859 (SDNY Oct. 3, 2018) (the “MDL”). The Court, having considered || the Joint Motion and for good cause shown, hereby orders as follows: 3 The Joint Motion to Stay Pending Transfer to the MDL Court is GRANTED. This || action will be stayed in this Court pending the MDL Court’s final decision on this action’s || transfer to the MDL.

6 ||[DATED this__ day of March, 2020.

AGL 9 Hon. CarkeBatdwin Miranda M. Du 10 United States tvfagtstrate Judge 2 12 = as $417 FAEGRE DRINKER BIDDLE & REATH LLP | TARIFA, B. LADDON (Pro Hac Vice) [email protected] | BORE OREIELY (Pro Hac Vice) theodore. oreilly@facgredrinker: com |111766 Wilshire Boulevard, Suite 750 Los Angeles, CA 90025 || Telephone: G10) 500-2090 Facsimile: (310) 500-2091 ALVERSON TAYLOR & SANDERS || LEANN SANDERS, ESQ.

Nevada Bar No. 000390 || 6605 Grand Montecito Parkway, Suite. 200 Las Vegas, NV 89149 || Telephone: 15) 384-7000 Facsimile: (702) 385-7000 || E-File: [email protected] |! Attorneys for Defendants UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA xa. 13 JANENE TRUJILLO, CASE NO.: 3:19-cv-00056 Caz 14 S588 Plaintiff, S55 vs. DECLARATION OF THEODORE REILLY IN SUPPORT OF g 7 ZIMMER, US, INC., a Delaware JOINT MOTION TO STAY Corporation PROCEEDINGS PENDING SYNV ASIVE TECHNOLOGY, a TRANSFER TO MDL COURT California Corporation BIOMET ORTHOPEDICS, LLC, an Indiana [Filed concurrently with Joint Motion Limited Liability Company, BIOMET, | to Stay and [Proposed] Order] INC., an Indiana Corporation, and ||DOES I-X, inclusive, 21 Defendants. Complaint Filed: November 16, 2018 33 DECLARATION OF THEODORE O’REILLY 1. I am an active member of the Bar of the State of California and an associate with Faegre Drinker Biddle & Reath LLP, attorneys of record for Defendants Defendants Zimmer, US, Inc., Synvasive Technology, Inc., Biomet Orthopedics LLC, and Biomet, Inc. I make this declaration in support of the Parties’ Joint Motion to Stay Proceedings Pending Transfer to MDL Court. I 1 DECLARATION IN SUPPORT OF JOINT MOTION TO STAY ||make this declaration based upon personal knowledge and, if called upon to do || so, I could and would so testify.

3 2. Attached as Exhibit | is a true and correct copy of the Conditional || Transfer Order applicable to this action, issued in the multidistrict litigation || proceeding Jn re Zimmer M/L Taper Hip Prosthesis, MDL No. 2859 (SDNY Oct.

6 1/3, 2018) (the “MDL”).

7 I declare under the penalty of perjury and the laws of the United States and ||the State of California that the foregoing is true and correct.

9 Executed this 19th day of March 2020, at Los Angeles, California. a D /s/ Theodore O'Reilly Ee 13 Theodore OReilly (Fro Hac Vice) FAEGRE DRINKER BIDDLE & REATH LLP sega 4 15 Attorney for Defendants a2 Zimmer, US, Inc., Synvasive Technology, 16 Inc., Biomet Orthopedics LLC, and Biomet, Inc. 8 17 28 —______ 2 DECLARATION IN SUPPORT OF JOINT MOTION TO STAY EXHIBIT “1” UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: ZIMMER M/L TAPER HIP PROSTHESIS OR M/L TAPER HIP PROSTHESIS WITH KINECTIV TECHNOLOGY AND VERSYS FEMORAL HEAD PRODUCTS LIABILITY LITIGATION MDL No. 2859 (SEE ATTACHED SCHEDULE) CONDITIONAL TRANSFER ORDER (CTO -19) On October 3, 2018, the Panel transferred 19 civil action(s) to the United States District Court for the Southern District of New York for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. See 340 F.Supp.3d 1379 (J.P.M.L. 2018). Since that time, 44 additional action(s) have been transferred to the Southern District of New York. With the consent of that court, all such actions have been assigned to the Honorable Paul A. Crotty.

It appears that the action(s) on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Southern District of New York and assigned to Judge Crotty.

Pursuant to Rule 7.1 of the Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the Southern District of New York for the reasons stated in the order of October 3, 2018, and, with the consent of that court, assigned to the Honorable Paul A. Crotty.

This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District of New York. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7-day period, the stay will be continued until further order of the Panel.

FOR THE PANEL: ela i ZZ John W. Nichols Clerk of the Panel IN RE: ZIMMER M/L TAPER HIP PROSTHESIS OR M/L TAPER HIP PROSTHESIS WITH KINECTIV TECHNOLOGY AND VERSYS FEMORAL HEAD PRODUCTS LIABILITY LITIGATION MDL No. 2859 SCHEDULE CTO-19 — TAG-ALONG ACTIONS DIST DIV. CANO, CASE CAPTION NEVADA NV 3 19—00056 Trujillo v. Zimmer US, Inc. et al