Frequently Asked Questions

If I have a question for the plaintiffs’ lead counsel or liaison counsel who should I call?

Call or email N. Kirkland Pope at the office of Pope, McGlamry, Kilpatrick, Morrison & Norwood, P.C. at (404) 523-7706 and  kirkpope@pmkm.com.

May I listen to the Court’s status conference via phone?

Yes. Status conference dates and times are posted on the MDL website. Parties may call in to listen to the status conference by using the dial-in information provided the week of the status conference. The dial-in information can be found under the Calendar dates section.

May plaintiffs that do not reside in the Northern District of Georgia file directly in this MDL?

Yes. Case Management Order No. 1 specifies the procedures for direct filing complaints in the MDL. CMO No. 1 can be found on this website under Pre-Trial Order and Case Management Orders.

Do I need local counsel or to be admitted in the Northern District of Georgia to file a case?

No. Attorneys who appear in MDL No. 2329 are bound by Pretrial Order No. 1, 3-6, including its provision regarding attorney admission, electronic filing, and use of the Public Access to Court Electronic Records (“PACER”) system and PACER accounts. Pre-trial Order No. 1 can be found on this website under Pre-Trial Order and Case Management Orders.

Do I need to enter an appearance in the Northern District of Georgia?

It depends. All counsel, resident and non-resident, who appeared in a transferor district court in any case previously or hereafter transferred to this Court by the MDL Panel are deemed to have made their appearance in this Court in the MDL Action. Counsel in any case later filed in, removed to, or transferred to this Court (other than a transfer by the MDL Panel) and which becomes a case in the MDL Action are required to enter an appearance in this Court.

Do I need to designate Lead Counsel?

Yes. Pursuant to Pre-Trial Order No. 1, each party shall be represented by counsel, and counsel for each party shall identify to Mr. Harry Martin (Harry_Martin@gand.uscourts.gov), a single Lead Counsel for each party separately represented in the MDL Action. The same lawyer may serve as Lead Counsel for multiple parties, and if so, that lawyer should identify himself as Lead Counsel for each party represented. The Clerk of Court will modify the CM/ECF system to reflect that each party’s Lead Counsel is deemed a “Lead Attorney” in the CM/ECF system.

How long do I have to submit a Plaintiff Fact Sheet (“PFS”) once I file my complaint?

90 days. According to CMO No. 1, each plaintiff whose case is, or may hereafter be, included in MDL No. 2329 will complete a PFS. The PFS and Authorizations for each Plaintiff in those cases will be served no later than ninety days from the date a case is transferred to, or direct-filed in, the MDL.

Do I need to submit a PFS even if my plaintiff has not had revision surgery?

Yes. CMO No. 1 requires PFSs from all plaintiffs regardless of revision surgery. A plaintiff who undergoes revision surgery after completing and serving a PFS will complete and serve an updated PFS no later than ninety (90) days after the date of the revision surgery.

Do I submit the PFS to the Court?

No. Service of the PFS, Authorizations, and responsive documents on Defendant’s Counsel will be included on a CD or other electronic storage device and sent by overnight delivery, addressed as follows:

Dana J. Ash, Esq.
Wright Conserve Plaintiff Fact Sheet
Duane Morris LLP
30 South 17th Street, Fifth Floor
Philadelphia, PA 19103

Do the Defendants have to submit a Defendant Fact Sheet?

Yes. The Defendants will complete and serve upon Co-Lead Counsel a completed Defendant Fact Sheet within ninety (90) days from the date of service of the PFS on Defendants’ Lead Counsel.

How do I contact the Court?

All communications with the Court are required to be made through Harry Martin, Deputy Courtroom Clerk at Harry_Martin@gand.uscourts.gov. It is encouraged to contact Plaintiff Lead or Liaison Counsel prior to contacting the Court with questions.