This case was last updated from PACER on 07/10/2019 at 11:02:37 (UTC).

Smolka v. Wright Medical Technology

Case Summary

On 04/18/2019 Smolka filed a Personal Injury - Other Product Liability lawsuit against Wright Medical Technology. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Dustin B. Pead, Dale A. Kimball and Evelyn J. Furse. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00263

  • Filing Date:

    04/18/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Courthouse:

    Utah District

Judge Details

Referral Judge

Evelyn J. Furse

Presiding Judges

Dustin B. Pead

Dale A. Kimball

 

Party Details

Plaintiff

Joseph Smolka

Defendant

Wright Medical Technology

Attorney/Law Firm Details

Plaintiff Attorneys

David M. Bennion

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Brandon J. Mark

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Defendant Attorney

Elisabeth M. McOmber

Attorney at SNELL & WILMER LLP

15 W South Temple Ste 1200, Gateway Tower West

Salt Lake City, UT 84101

 

Court Documents

#21

(#21) SCHEDULING ORDER: Initial Pretrial Hearing, previously scheduled for 7/1/2019, is VACATED. Amended Pleadings are due by 8/2/2019. Joinder of Parties due by 8/2/2019. Expert Discovery due by 5/22/2020. Dispositive Motions due by 6/29/2020. 14-Day Jury Trial is set for 11/30/2020, at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Magistrate Judge Evelyn J. Furse on 6/24/2019. (eat) (Entered: 06/24/2019)

#20

(#20) REPORT OF ATTORNEY PLANNING MEETING. (Bennion, David) (Entered: 06/19/2019)

#19

(#19) NOTICE of Appearance by Brandon J. Mark on behalf of Joseph Smolka (Mark, Brandon) (Entered: 06/13/2019)

#15

(#15) REPORT OF ATTORNEY PLANNING MEETING. (Bennion, David) (Entered: 05/31/2019)

#14

(#14) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Wright Medical Technology identifying Wright Medical Group, Inc., a wholly owned subsidiary of Wright Medical Group, N.V. as Corporate Parent. (McOmber, Elisabeth) (Entered: 05/24/2019)

#7

(#7) ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Wright Medical Technology. (McOmber, Elisabeth) (Entered: 04/25/2019)

6 #3

Notice of Removal

6 #2

Return of Service

6 #1

State Complaint

#6

(#6) File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents. (Attachments: #1 State Complaint, #2 Return of Service, #3 Notice of Removal) (las) (Entered: 04/22/2019)

#5

(#13) DOCKET TEXT ORDER: The parties are ORDERED to comply with Paragraph 2 of the Order to Propose Schedule #5 within fourteen (14) days. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 5/17/2019. (nas) (Entered: 05/17/2019)

#4

(#9) NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) (Entered: 05/06/2019)

#3

(#3) NOTICE OF ADR, e-mailed or mailed to Plaintiff Joseph Smolka and Defendant Wright Medical Technology. (tlh) (Entered: 04/18/2019)

2 #3

Civil Cover Sheet Civil Cover Sheet

2 #2

Exhibit B - Smolka v WMT State Court Docket

2 #1

Exhibit A - Complaint and Return of Service

#2

(#7) ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Wright Medical Technology. (McOmber, Elisabeth) (Entered: 04/25/2019)

#1

(#1) Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendant Wright Medical Technology is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) (Entered: 04/18/2019)

9 More Documents Available

 

Docket Entries

  • 06/24/2019
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  • (#21) SCHEDULING ORDER: Initial Pretrial Hearing, previously scheduled for 7/1/2019, is VACATED. Amended Pleadings are due by 8/2/2019. Joinder of Parties due by 8/2/2019. Expert Discovery due by 5/22/2020. Dispositive Motions due by 6/29/2020. 14-Day Jury Trial is set for 11/30/2020, at 08:30 AM in Rm 3.400 before Judge Dale A. Kimball. Signed by Magistrate Judge Evelyn J. Furse on 6/24/2019. (eat) (Entered: 06/24/2019)

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  • 06/19/2019
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  • (#20) REPORT OF ATTORNEY PLANNING MEETING. (Bennion, David) (Entered: 06/19/2019)

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  • 06/13/2019
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  • (#19) NOTICE of Appearance by Brandon J. Mark on behalf of Joseph Smolka (Mark, Brandon) (Entered: 06/13/2019)

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  • 06/11/2019
  • (#18) DOCKET TEXT ORDER: The parties are directed to submit to chambers a Proposed Scheduling Order or Orders prior to the July 1, 2019 Scheduling Conference. Word versions (.doc or.docx format) of the Proposed Scheduling Order(s) should be submitted to utdecf_furse@utd.uscourts.gov no later than the close of business on June 24, 2019. The parties should come to the Scheduling Conference prepared to discuss the Proposed Scheduling Order(s). No attached document. Signed by Magistrate Judge Evelyn J. Furse on 6/11/2019. (nas) (Entered: 06/11/2019)

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  • 06/11/2019
  • (#17) AMENDED NOTICE OF HEARING: (Notice generated by EJF Chambers) Scheduling Conference reset for 7/1/2019 at 02:00 PM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE THE DATE AND TIME CHANGE. (lnp) (Entered: 06/11/2019)

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  • 06/04/2019
  • (#16) NOTICE OF HEARING: (Notice generated by EJF Chambers) Scheduling Conference set for 6/27/2019 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (lnp) (Entered: 06/04/2019)

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  • 05/31/2019
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  • (#15) REPORT OF ATTORNEY PLANNING MEETING. (Bennion, David) (Entered: 05/31/2019)

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  • 05/24/2019
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  • (#14) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Wright Medical Technology identifying Wright Medical Group, Inc., a wholly owned subsidiary of Wright Medical Group, N.V. as Corporate Parent. (McOmber, Elisabeth) (Entered: 05/24/2019)

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  • 05/17/2019
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  • (#13) DOCKET TEXT ORDER: The parties are ORDERED to comply with Paragraph 2 of the Order to Propose Schedule #5 within fourteen (14) days. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 5/17/2019. (nas) (Entered: 05/17/2019)

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  • 05/15/2019
  • (#12) ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 5/15/2019. (eat) (Entered: 05/15/2019)

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1 More Docket Entries
  • 05/14/2019
  • (#10) RECEIVED Consent/Reassignment Form from Defendant Wright Medical Technology. (las) (Entered: 05/14/2019)

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  • 05/06/2019
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  • (#9) NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) (Entered: 05/06/2019)

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  • 05/02/2019
  • (#8) RECEIVED Consent/Reassignment Form from Plaintiff Joseph Smolka. (las) (Entered: 05/02/2019)

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  • 04/25/2019
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  • (#7) ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Wright Medical Technology. (McOmber, Elisabeth) (Entered: 04/25/2019)

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  • 04/22/2019
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  • (#6) File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents. (Attachments: #1 State Complaint, #2 Return of Service, #3 Notice of Removal) (las) (Entered: 04/22/2019)

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  • 04/19/2019
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  • (#5) ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 4/19/2019. (las) (Entered: 04/19/2019)

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  • 04/18/2019
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  • (#4) NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Joseph Smolka, Defendant Wright Medical Technology. Form due by 5/3/2019. (tlh) (Entered: 04/18/2019)

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  • 04/18/2019
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  • (#3) NOTICE OF ADR, e-mailed or mailed to Plaintiff Joseph Smolka and Defendant Wright Medical Technology. (tlh) (Entered: 04/18/2019)

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  • 04/18/2019
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  • (#2) NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 190902122, (Filing fee $ 400, receipt number 1088-3254443) filed by Wright Medical Technology. (Attachments: #1 Exhibit A - Complaint and Return of Service, #2 Exhibit B - Smolka v WMT State Court Docket, #3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (McOmber, Elisabeth) (Entered: 04/18/2019)

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  • 04/18/2019
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  • (#1) Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendant Wright Medical Technology is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (tlh) (Entered: 04/18/2019)

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