McMillian v. Zimmer US, Inc (Dec. 16, 2025)

Case details
Country
United States
Jurisdiction
Federal
Decided
Dec. 16, 2025
Majority
United States (J.) (unanimous Court)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- IN RE: ZIMMER M/L TAPER HIP PROSTHESIS OR M/L TAPER HIP PROSTHESIS WITH KINECTIV TECHNOLOGY AND VERSYS FEMORAL HEAD PRODUCTS LIABILITY LITIGATION This Document Relates to McMillian v. Zimmer US, Inc. et al, 20-CV-2358 (JMF) ---------------------------------------------------------------------- X : : : : : : : : : : : X 18-MD-2859 (JMF) ORDER JESSE M. FURMAN, United States District Judge: As stated on the record during the teleconference held earlier today: • Plaintiff shall file the corrected versions of ECF Nos. 100-03, together with redlines showing any changes between the originally filed versions and the corrected versions, no later than December 22, 2025. If Plaintiff does not file redlines along with his corrected papers, Defendants shall file the appropriate redlines at their earliest convenience. • Defendants’ reply, if any, in further support of their pending summary judgment and Daubert motions shall be filed no later than January 14, 2026. • As Plaintiff’s counsel conceded, sanctions are warranted on Plaintiff’s counsel for filing papers with AI-generated hallucinations and inaccuracies. See ECF No. 105, 105-1. Accordingly, sanctions are hereby imposed. Unless and until the Court orders otherwise, Plaintiff’s counsel shall reimburse Defendants for the fees and costs they incur as a result of the problems with the papers filed on December 4, 2025. The parties shall confer in an effort to reach agreement on the size of the award. Absent agreement, Defendants shall file a letter, not to exceed five pages, seeking such fees and costs, supported by contemporaneous billing records, no later than January 21, 2026. Plaintiff’s counsel shall file any opposition no later than January 28, 2026. No reply may be filed absent leave of Court. SO ORDERED. Dated: December 16, 2025 __________________________________ New York, New York JESSE M. FURMAN United States District Judge Case 1:20-cv-02358-JMF Document 108 Filed 12/16/25 Page 1 of 1
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