Rouviere v. Depuy Orthopaedics, Inc.
- Gregory Woods
- 1:18-cv-04814
- U.S. District Court · Southern District of New York
- 2
In Rouviere v. DePuy Orthopaedics, Judge Woods granted defendants leave to file a five-page sur-reply addressing new arguments in plaintiff’s reply.
Jodi Rouviere and defendants DePuy Orthopaedics, Inc. and Howmedica Osteonics Corp. The order authorized the defendants to file an additional brief and did not decide the underlying motions described in the supplied text.
What happened
In Rouviere v. DePuy Orthopaedics, Jodi Rouviere filed a reply concerning her request to set aside a judgment and her request for an evidentiary hearing. The defendants are DePuy Orthopaedics, Inc. and Howmedica Osteonics Corp.
The defendants said Rouviere’s reply raised new arguments and allegations, including an allegation that Second Circuit Judge Reena Raggi should have been disqualified and allegations of unethical conduct involving other judges and defense counsel. They asked to file a short additional response.
Judge Gregory H. Woods granted the defendants’ request. He allowed them to file a five-page sur-reply by January 17, 2025, and directed the Clerk to terminate the pending docket entries identified as 384 and 387.
The detailed version
- Rouviere v. Depuy Orthopaedics, Inc. · No. 1:18-cv-04814
- Gregory Woods
- Jan. 11, 2025
Background
The order concerns Jodi Rouviere’s motion for relief from judgment and motion for an evidentiary hearing. The defendants—DePuy Orthopaedics, Inc., now known as Medical Device Business Services, Inc., and Howmedica Osteonics Corp., referred to together as Stryker—opposed those motions.
According to the defendants’ filing, Rouviere served an omnibus reply brief on January 6, 2025. The reply had not yet been filed on the docket, but Rouviere represented that she had mailed it to the court’s office for people representing themselves. The defendants asserted that the reply raised arguments and allegations not previously presented. These included an allegation that Second Circuit Judge Reena Raggi should have been disqualified because of income received from her late husband’s firm, which had represented Stryker in separate litigation, as well as allegations of unethical conduct involving Judge Liman, Judge Aaron, and defense counsel.
Ruling
The defendants jointly requested permission to file a short sur-reply, meaning an additional response to the reply. Judge Gregory H. Woods granted that request and gave the defendants leave to file a five-page sur-reply by January 17, 2025. The Clerk of Court was directed to terminate the pending matters at Docket Nos. 384 and 387. This order addressed only the defendants’ request to file the sur-reply; the supplied text does not state a ruling on Rouviere’s motions for relief from judgment or for an evidentiary hearing.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.