Kennedy et al v. Ethicon, Inc. et al
| Rodney Kennedy and Ramona Y. Kennedy |
| BOSTON SCIENTIFIC CORPORATION, JOHNSON & JOHNSON, ETHICON, LLC and ETHICON INC |
| 5:2020cv00185 |
| January 10, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| P.I.: Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 78 RESPONSE in Support re #71 MOTION for Summary Judgment filed by ETHICON INC, JOHNSON & JOHNSON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Reply to Statement of Addition Facts)(FLYNN, MOLLY) |
Filing 77
ORDER THAT THE #74 MOTION FOR PRO HAC VICE IS GRANTED FOR ATTORNEY ADAM PORTER TO PRACTICE IN THIS COURT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/2/20.3/3/20 ENTERED AND COPIES MAILED TO ATTORNEY ALONG WITH ECF REGISTRATION FORM AND E-MAILED.(mas, ) Modified on 3/3/2020 (mas, ).
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| Filing 76 Exhibits A-LL to #75 Response to #71 Motion for Summary Judgment filed by Ramona Y. Kennedy, Rodney Kennedy. (Attachments: #1 Exhibit EXHIBIT U, #2 Exhibit EXHIBITS V-AA, #3 Exhibit EXHIBIT BB, #4 Exhibit EXHIBITS CC-DD, #5 Exhibit EXHIBITS EE-FF, #6 Exhibit EXHIBITS GG-HH, #7 Exhibit EXHIBITS II-LL)(ROBERTSON, ELIA) Modified on 3/3/2020 (tjd). Modified on 3/3/2020 (tjd). (Main Document 76 replaced on 3/3/2020 with permission from chambers) (tjd). Modified on 3/3/2020 (tjd). |
| Filing 75 Memorandum of Law to Motion re #71 MOTION for Summary Judgment filed by Ramona Y. Kennedy, Rodney Kennedy. (Attachments: #1 ANSWER TO STATEMENT OF UNDISPUTED FACTS)(ROBERTSON, ELIA) Modified on 3/4/2020 (tjd). |
| Filing 74 MOTION for Pro Hac Vice Adam Porter ( Filing fee $ 40 receipt number 0313-14146087.) filed by ETHICON INC, JOHNSON & JOHNSON.Certificate of Service.(FLYNN, MOLLY) |
| Filing 73 NOTICE of Appearance by ELIA A. ROBERTSON on behalf of Ramona Y. Kennedy, Rodney Kennedy (ROBERTSON, ELIA) |
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Filing 72
ORDER THAT PLAINTIFFS' COUNSEL SHALL WITHIN FOURTEEN (14) DAYS PROVIDE TO OPPOSING COUNSEL STATISTICS WITHIN HER POSSESSION REGARDING THE JURY-VERDICT WIN/LOSS RATIO IN PELVIC-MESH LITIGATION (TOGETHER WITH AMOUNTS AWARDED IN SUCH CASES FOR COMPENSATORY AND PUNITIVE DAMAGES, IF ANY), AS DISCUSSED ON THE CONFERENCE CALL, AND WITHIN SEVEN (7) DAYS THEREAFTER, OPPOSING COUNSEL SHALL SUPPLEMENT THIS INFORMATION AS THEY SEE FIT AND PROVIDE ALL OF IT TO CHAMBERS IN THE MANNER DISCUSSED, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/13/20. 2/18/20 ENTERED AND COPIES MAILED AND E-MAILED.(er, )
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| Filing 71 MOTION for Summary Judgment filed by ETHICON INC, JOHNSON & JOHNSON.Proposed Order, Memorandum, Certificate of Service. (Attachments: #1 Statement of Undisputed Material Facts, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(FLYNN, MOLLY) |
| Filing 70 Minute Entry for proceedings held before HONORABLE JOSEPH F. LEESON, JR Telephone Conference held on 2/13/20 (dt, ) |
| Filing 69 NOTICE of Appearance by CHRISTOPHER A. GOMEZ on behalf of Ramona Y. Kennedy, Rodney Kennedy with Jury Demand(GOMEZ, CHRISTOPHER) |
| Filing 68 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN. A Telephonic Pretrial Conference was held on 2/11/20. (DT) |
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Filing 67
ORDER THAT KATHRYN J. SKAGERBERG, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/7/20.2/7/20 ENTERED AND COPIES MAILED WITH ECF FORMS AND E-MAILED.(er, )
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| Filing 66 MOTION for Pro Hac Vice Kathryn J. Skagerberg ( Filing fee $ 40 receipt number 0313-14096663.) filed by ETHICON INC, JOHNSON & JOHNSON.Certificate of Service.(FLYNN, MOLLY) |
| Filing 65 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN Settlement Conference held on 2/4/20. A telephonic settlement conference was conducted in this case. (mas, ) |
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Filing 64
ORDER THAT A TELEPHONE CONFERENCE WITH JUDGE LEESON IS SCHEDULED FOR THURSDAY, FEBRUARY 13, 2020, AT 3:15 P.M. COUNSEL FOR PLAINTIFF SHALL INITIATE THE TELEPHONE CONFERENCE BY CONTACTING JUDGE LEESON AT 610-391-7020, THROUGH HIS CIVIL DEPUTY CLERK, AFTER ALL PARTIES ARE CONFIRMED AS PRESENT ON THE CALL. COUNSEL SHOULD BE PREPARED TO DISCUSS THE FOLLOWING: (A) STATUS OF THIS CASE; (B) WHAT, IF ANYTHING, REMAINS TO BE DONE TO BE READY FOR TRIAL; (C) TRIAL SCHEDULING. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/29/20. 1/30/20 ENTERED AND COPIES E-MAILED.(mas, )
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| Filing 63 NOTICE of Appearance by JOSEPH E. O'NEIL on behalf of ETHICON INC, JOHNSON & JOHNSON with Certificate of Service (Attachments: #1 Certificate of Service)(O'NEIL, JOSEPH) |
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Filing 62
ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON WEDNESDAY, MARCH 25, 2020 AT 9:30 AM BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, IN SUITE 4401, UNITED STATES COURTHOUSE AND FEDERAL BUILDING, 504 WEST HAMILTON STREET, ALLENTOWN, PA, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/17/20. 1/21/20 ENTERED AND COPIES E-MAILED.(er, ) (Main Document 62 replaced on 1/21/2020) (er, ).
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Filing 61
ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON TUESDAY, FEBRUARY 4, 2020, AT 2:30 PM BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/17/20. 1/21/20 ENTERED AND COPIES E-MAILED.(er, )
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| Set/Reset Hearings: SETTLEMENT CONFERENCE SET FOR 2/4/2020 02:30 PM BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SETTLEMENT CONFERENCE SET FOR 3/25/2020 09:30 AM IN Allentown BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. (er, ) |
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Filing 60
ORDER THAT THE WITHIN MATTER IS REFERRED TO UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN TO SCHEDULE AND CONDUCT A SETTLEMENT CONFERENCE AT HIS EARLIEST CONVENIENCE. IN THE EVENT ANY DEFENDANT HAS NOT YET ENTERED AN APPEARANCE AT THE TIME OF THIS ORDER, PLAINTIFF SHALL SERVE A COPY OF THIS ORDER UPON THAT DEFENDANT. AS A MATTER OF STANDARD OPERATING PROCEDURE, THE OFFICE OF THE UNITED STATES MAGISTRATE JUDGE WILL CONTACT COUNSEL FOR THE PARTIES IN THE NEAR FUTURE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/15/20. 1/16/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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Filing 59
ORDER THAT THE PENDING #34 MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY DEFENDANT ETHICON, SEE ECF NO. #34 , IS DISMISSED, WITHOUT PREJUDICE AND WITH LEAVE TO RE-FILE SUBJECT TO THE DEADLINES SET FORTH BELOW. IN LIGHT OF THE TRANSFER OF THIS MATTER, THE COURT SETS THE FOLLOWING SCHEDULE: ALL DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE FEBRUARY 17, 2020. A FINAL PRETRIAL CONFERENCE FOR THIS MATTER WILL BE HELD ON JUNE 11, 2020 AT 4 P.M., AT THE EDWARD N. CAHN U.S. COURTHOUSE AND FEDERAL BUILDING, COURTROOM C, THIRD FLOOR, 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA. THIS CASE IS SCHEDULED FOR TRIAL ON JUNE 15, 2020, OR AS SOON THEREAFTER AS THE SCHEDULE OF THE COURT PERMITS. COURT SHALL BE HELD FROM 9:00 A.M. TO 5:00 P.M. EACH DAY; ETC. AS HEREIN. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/15/20.1/15/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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Filing 58
ORDER THAT THE #57 MOTION IS GRANTED. THE FOLLOWING COUNSEL OF RECORD ARE HEREBY WITHDRAWN AND THE CLERK'S OFFICE IS DIRECTED TO REMOVE THEM FROM THE COURT'S CM/ECF SYSTEM FOR THIS ACTION: CAROLINE DYE WALKER, BUTLER SNOW LLP; CHRISTY D. JONES, BUTLER SNOW LLP; BENJAMIN M. WATSON, BUTLER SNOW LLP; KARL L. SUTHERLAND, BUTLER SNOW LLP; LAURA H. DIXON, BUTLER SNOW LLP; WILLIAM M. GAGE, BUTLER SNOW LLP; PHILIP J. COMBS, FARMER CLINE & ARNOLD; DAVID B. THOMAS, THOMAS COMBS & SPANN PLLC; SUSAN M. ROBINSON, THOMAS COMBS & SPANN, PLLC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/15/20.1/16/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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| Filing 57 MOTION to Withdraw MDL COUNSEL filed by ETHICON INC, JOHNSON & JOHNSON.Certificate of Service.(FLYNN, MOLLY) |
| Filing 56 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-16859. Original file certified copy of transfer order and docket sheet received. |
| Filing 55 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Molly E. Flynn on behalf of Ethicon, Inc., Johnson & Johnson. (Flynn, Molly) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 54 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Melissa A. Merk on behalf of Ethicon, Inc., Johnson & Johnson. (Merk, Melissa) [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 53
ORDER granting #47 JOINT MOTION by Boston Scientific Corporation, Ramona Y. Kennedy, Rodney Kennedy to Dismiss Boston Scientific Corporation Without Prejudice, Defendant Boston Scientific Corporation only is dismissed without prejudice, each party to bear its own costs. Signed by Judge Joseph R. Goodwin on 1/3/2020. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 52 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #48 CONTINUED, ECF #6858 - Notice of Adoption, #2 Exhibit ECF #48 CONTINUED, ECF #6860 - Notice of Adoption, #3 Exhibit ECF #48 CONTINUED, ECF #6922 - Notice of Adoption, #4 Exhibit ECF #48 CONTINUED, ECF #6926 - Notice of Adoption, #5 Exhibit ECF #48 CONTINUED, ECF #6951 - Notice of Adoption, #6 Exhibit ECF #48 CONTINUED, ECF #6960 - Notice of Adoption, #7 Exhibit ECF #48 CONTINUED, ECF #6963 - Notice of Adoption, #8 Exhibit ECF #48 CONTINUED, ECF #6965 - Notice of Adoption, #9 Exhibit ECF #48 CONTINUED, ECF #6966 - Notice of Adoption, #10 Exhibit ECF #48 CONTINUED, ECF #6986 - Notice of Adoption, #11 Exhibit ECF #48 CONTINUED, ECF #6993 - Notice of Adoption, #12 Exhibit ECF #48 CONTINUED, ECF #6998 - Notice of Adoption, #13 Exhibit ECF #48 CONTINUED, ECF #7093 - Notice of Adoption, #14 Exhibit ECF #48 CONTINUED, ECF #7100 - Notice of Adoption, #15 Exhibit ECF #48 CONTINUED, ECF #7116 - Notice of Adoption, #16 Exhibit ECF #48 CONTINUED, ECF #7120 - Notice of Adoption, #17 Exhibit ECF #48 CONTINUED, ECF #7123 - Notice of Adoption, #18 Exhibit ECF #48 CONTINUED, ECF #7143 - Notice of Adoption, #19 Exhibit ECF #48 CONTINUED, ECF #7152 - Notice of Adoption)(Gage, William) (Modified on 1/8/2020 to remove terminated party filer and to add party filers) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 51 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #48 CONTINUED, ECF #4573 Part 1 - Motion to Exclude, #2 Exhibit ECF #48 CONTINUED, ECF #4573 Part 2 - Motion to Eclude, #3 Exhibit ECF #48 CONTINUED, ECF #4573 Part 3 - Motion to Exclude, #4 Exhibit ECF #48 CONTINUED, ECF #4573 Part 4 - Motion to Exclude, #5 Exhibit ECF #48 CONTINUED, ECF #4574 - Memo in Support of Motion to Exclude, #6 Exhibit ECF #48 CONTINUED, ECF #4675 Part 1 - Memo by All Plfs in Opposition to Motion to Exclude, #7 Exhibit ECF #48 CONTINUED, ECF #4675 Part 2 - Memo by All Plfs in Opposition to Motion to Exclude, #8 Exhibit ECF #48 CONTINUED, ECF #4692 - Memo in Support of Motion to Exclude, #9 Exhibit ECF #48 CONTINUED, ECF #5332 - Motion to Exclude, #10 Exhibit ECF #48 CONTINUED, ECF #5333 - Memo in Support of Motion to Exclude, #11 Exhibit ECF #48 CONTINUED, ECF #5339 Part 1 - Motion to Exclude, #12 Exhibit ECF #48 CONTINUED, ECF #5339 Part 2 - Motion to Exclude, #13 Exhibit ECF #48 CONTINUED, ECF #5340 - Memo in Support of Motion to Exclude, #14 Exhibit ECF #48 CONTINUED, ECF #5482 - Response Memo in Opposition to Motion to Exclude, #15 Exhibit ECF #48 CONTINUED, ECF #5491 - Memo in Opposition to Motion to Exclude, #16 Exhibit ECF #48 CONTINUED, ECF #5548 - Reply in Support of Defs Motion to Exclude, #17 Exhibit ECF #48 CONTINUED, ECF #6641 - Notice of Adoption, #18 Exhibit ECF #48 CONTINUED, ECF #6648 - Notice of Adoption, #19 Exhibit ECF #48 CONTINUED, ECF #6796 - Notice of Adoption, #20 Exhibit ECF #48 CONTINUED, ECF #6824 - Notice of Adoption, #21 Exhibit ECF #48 CONTINUED, ECF #6833 - Amended Notice of Adoption, #22 Exhibit ECF #48 CONTINUED, ECF #6840 - Notice of Adoption, #23 Exhibit ECF #48 CONTINUED, ECF #6842 - Notice of Adoption, #24 Exhibit ECF #48 CONTINUED, ECF #6846 - Notice of Adoption, #25 Exhibit ECF #48 CONTINUED, ECF #6852 - Notice of Adoption)(Gage, William) (Modified on 1/8/2020 to remove terminated party filer and add party filers) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #48 CONTINUED, ECF #2488 - Response in Opposition to Motion to Exclude, #2 Exhibit ECF #48 CONTINUED, ECF #2552 Part 1 - Response in Opposition to Motion to Exclude, #3 Exhibit ECF #48 CONTINUED, ECF #2552 Part 2 - Response in Opposition to Motion to Exclude, #4 Exhibit ECF #48 CONTINUED, ECF #2552 Part 3 - Response in Opposition to Motion to Exclude, #5 Exhibit ECF #48 CONTINUED, ECF #2815 - Memo in Support of Motion to Exclude, #6 Exhibit ECF #48 CONTINUED, ECF #2817 - Defs Motion to Exclude, #7 Exhibit ECF #48 CONTINUED, ECF #2818 - Memo in Support of Motion to Exclude, #8 Exhibit ECF #48 CONTINUED, ECF #2825 - Motion to Exclude, #9 Exhibit ECF #48 CONTINUED, ECF #2826 - Memo in Support to Exclude, #10 Exhibit ECF #48 CONTINUED, ECF #2910 - Notice of Response and Adoption, #11 Exhibit ECF #48 CONTINUED, ECF #2916 - Def Response in Opposition to Plfs Motion to Exclude, #12 Exhibit ECF #48 CONTINUED, ECF #2931 - Memo by All Plfs in Opposition to Defs Motion to Exclude, #13 Exhibit ECF #48 CONTINUED, ECF #2942 - Response in Opposition to Motion to Exclude, #14 Exhibit ECF #48 CONTINUED, ECF #2952 - Memo in Opposition to Motion to Exclude, #15 Exhibit ECF #48 CONTINUED, ECF #2993 - Plfs Reply in Support of Motion to Exclude, #16 Exhibit ECF #48 CONTINUED, ECF #3024 - Reply by Ethicon in Support of Motion to Exclude, #17 Exhibit ECF #48 CONTINUED, ECF #3053 - Reply by All Plfs in Support of Daubert Motion to Exclude, #18 Exhibit ECF #48 CONTINUED, ECF #3626 Part 1 - Motion to Limit, #19 Exhibit ECF #48 CONTINUED, ECF #3626 Part 2 - Motion to Limit, #20 Exhibit ECF #48 CONTINUED, ECF #3630 - Memo in Support of Motion to Limit, #21 Exhibit ECF #48 CONTINUED, ECF #3767 Part 1 - Response by Defs in Opposition to Motion to Exclude, #22 Exhibit ECF #48 CONTINUED, ECF #3767 Part 2 - Response by Defs in Opposition to Motion to Exclude, #23 Exhibit ECF #48 CONTINUED, ECF #3767 Part 3 - Response by Defs in Opposition to Motion to Exclude, #24 Exhibit ECF #48 CONTINUED, ECF #3767 Part 4 - Response by Defs in Opposition to Motion to Exclude, #25 Exhibit ECF #48 CONTINUED, ECF #3855 - Reply in Support of Motion to Limit the Testimony)(Gage, William) (Modified on 1/8/2020 to remove terminated party filer and add party filers) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #48 CONTINUED, ECF #2065 - Memo i Support of Motion to Exclude, #2 Exhibit ECF #48 CONTINUED, ECF #2069 - Memo in Support of Daubert Motion to Preclude, #3 Exhibit ECF #48 CONTINUED, ECF #2082 Part 1 - Motion by Ethicon to Exclude, #4 Exhibit ECF #48 CONTINUED, ECF #2082 Part 2 - Motion by Ethicon to Exclude, #5 Exhibit ECF #48 CONTINUED, ECF #2082 Part 3 - Motion by Ethicon to Exclude, #6 Exhibit ECF #48 CONTINUED, ECF #2115 - Motion to Exclude Testimony, #7 Exhibit ECF #48 CONTINUED, ECF #2116 - Memo in Support of Motion to Exclude, #8 Exhibit ECF #48 CONTINUED, ECF #2134 - Response in Opposition to Motion to Exclude, #9 Exhibit CF #2184 Part 1 - Response in Opposition to Motion to Preclude, #10 Exhibit ECF #48 CONTINUED, ECF #2184 Part 2 - Response in Opposition to Motion to Preclude, #11 Exhibit ECF #48 CONTINUED, ECF #2191 - Amended Memo in Opposition to Motion to Exclude, #12 Exhibit ECF #48 CONTINUED, ECF #2201 - Response in Opposition to Motion to Exclude Testimony of Brian Raybon, #13 Exhibit ECF #48 CONTINUED, ECF #2205 Part 1 - Motion by All Plfs to Exclude Opinions, #14 Exhibit ECF #48 CONTINUED, ECF #2205 Part 2 - Motion by All Plfs to Exclude Opinions, #15 Exhibit ECF #48 CONTINUED, ECF #2205 Part 3 - Motion by All Plfs to Exclude Opinions, #16 Exhibit ECF #48 CONTINUED, ECF #2206 - Memo in Support of Daubert Motion to Exclude, #17 Exhibit ECF #48 CONTINUED, ECF #2231 - Reply Memo in Support of Motion to Exclude, #18 Exhibit ECF #48 CONTINUED, ECF #2232 - Plfs Reply in Support of Their Daubert Motion to Exclude, #19 Exhibit ECF #48 CONTINUED, ECF #2255 - Reply to Response in Opposition to Daubert Motion to Preclude, #20 Exhibit ECF #48 CONTINUED, ECF #2264 - Reply Brief in Support of Motion to Exclude, #21 Exhibit ECF #48 CONTINUED, ECF #2287 Part 1 - Defs Response in Opposition to Motion to Exclude, #22 Exhibit ECF #48 CONTINUED, ECF #2287 Part 2 - Defs Response in Opposition to Motion to Exclude, #23 Exhibit ECF #48 CONTINUED, ECF #2297 - Plfs Reply to Defs Response in Opposition of Motion to Exclude, #24 Exhibit ECF #48 CONTINUED, ECF #2417 - Motion to Exclude, #25 Exhibit ECF #48 CONTINUED, ECF #2466 - Memo in Opposition to Motion to Exclude)(Gage, William) (Modified on 1/8/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 48 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Complaint, #2 Exhibit ECF #239 - Master Answer and Jury Demand, #3 Exhibit ECF #240 - Master and Jury Demand, #4 Exhibit ECF #241 - Master and Jury Demand, #5 Exhibit ECF #262 - Short Form Complaint, #6 Exhibit ECF #263 - Amended Short Form Complaint, #7 Exhibit ECF #2023 - Motion to Exclude, #8 Exhibit ECF #2028 - Motion in Support of Motion to Exclude, #9 Exhibit ECF #2047 Part 1 - Motion to Exclude, #10 Exhibit ECF #2047 Part 2 - Motion to Exclude, #11 Exhibit ECF #2047 Part 3 - Motion to Exclude, #12 Exhibit ECF #2047 Part 4 - Motion to Exclude, #13 Exhibit ECF #2047 Part 5 - Motion to Exclude, #14 Exhibit ECF #2047 Part 6 - Motion to Exclude, #15 Exhibit ECF #2047 Part 7 - Motion to Exclude, #16 Exhibit ECF #2047 Part 8 - Motion to Exclude, #17 Exhibit ECF #2047 Part 9 - Motion to Exclude, #18 Exhibit ECF #2047 Part 10 - Motion to Exclude, #19 Exhibit ECF #2047 Part 11 - Motion to Exclude, #20 Exhibit ECF #2047 Part 12 - Motion to Exclude, #21 Exhibit ECF #2047 Part 13 - Motion to Exclude, #22 Exhibit ECF #2047 Part 14 - Motion to Exclude, #23 Exhibit ECF #2060 - Motion by All Plfs to Exclude Opinions, #24 Exhibit ECF #2063 Part 1 - Motion to Preclude, #25 Exhibit ECF #2063 Part 2 - Motion to Preclude)(Gage, William) (Modified on 1/8/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 47 JOINT MOTION by Boston Scientific Corporation, Ramona Y. Kennedy, Rodney Kennedy to Dismiss Boston Scientific Corporation Without Prejudice. (Strongman, Jon) (Modified on 1/1/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/08/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/13/2020.]
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Filing 45
VOLUNTARY DISMISSAL OF ETHICON, LLC/ORDER Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(i), Defendant Ethicon, LLC only is voluntarily dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 12/18/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 43 RESPONSE TO ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 42 NOTICE OF ATTORNEY APPEARANCE by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 41 RESPONSE TO ORDER TO SHOW CAUSE by Ramona Y. Kennedy, Rodney Kennnedy (Balefsky, Lee) (Modified on 4/26/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 40
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/13/2020.]
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Filing 39
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 38 MEMORANDUM by Ramona Y. Kennedy, Rodney Kennedy in opposition to #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 37 OPPOSITION by Ramona Y. Kennedy, Rodney Kennedy to #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 36
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 35 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 33 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Christopher Kennedy, Jennifer Kennedy, Joshua Kennedy, Kristin Kennedy, Rodney Kennedy, Scott Kennedy, and Bonnie Moser on dates and at times to be determined. (Sutherland, Kari)[Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 32 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Constantine Harris on October 2, 2018 at 8:30 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 31 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dr. Constantine Harris on October 2, 2018 at 8:30 a.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 28 NOTICE OF APPEARANCE by Caroline D. Walker on behalf of Ethicon, Inc., Johnson & Johnson. (Walker, Caroline) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 27 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Ramona Y. Kennedy, Rodney Kennedy pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 25
ORDER The #24 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (mek) [Transferred from West Virginia Southern on 1/13/2020.]
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Filing 26
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (mmw) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 24 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Benjamin M. Watson on behalf of Ethicon, Inc., Johnson & Johnson. (Watson, Benjamin) (Modified on 6/1/2018 to remove and replace incomplete image) (lca). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Dominic Cammarano on 07/06/2018 at 10:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/13/2020.] |
| NOTICE OF DOCKET CORRECTION re: #23 Notice of Attorney Appearance and Counsel Contact Information Form by Benjamin M. Watson. ERROR: Incomplete image attached. CORRECTION: Incomplete image removed and replaced with complete image. (lca) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kila Baldwin on behalf of Ramona Y. Kennedy, Rodney Kennedy. (Baldwin, Kila) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Ramona Kennedy on 07/16/2018 at 2:00 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 17
ORDER The Clerk is directed to STRIKE from the docket the #15 PROPOSED ORDER Consent Order Granting Substitution of Attorney filed on 4/13/2018. Signed by Judge Joseph R. Goodwin on 4/13/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 1/13/2020.]
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Filing 16
ORDER granting #13 PROPOSED ORDER Consent Order Granting Substitution of Attorney Lee Balefsky as Counsel in lieu of Thomas Moribondo by Ramona Y. Kennedy, Rodney Kennedy. Signed by Judge Joseph R. Goodwin on 4/13/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 15 STRICKEN PURSUANT TO THE #17 ORDER ENTERED 4/13/2018: PROPOSED ORDER Consent Order Granting Substitution of Attorney Lee Balefsky as Counsel in lieu of Thomas Moribondo by Ramona Y. Kennedy, Rodney Kennedy. (Balefsky, Lee) (Modified on 4/13/2018 to convert event to proposed order and to note order has been stricken) (lca). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Lee B. Balefsky on behalf of Ramona Y. Kennedy, Rodney Kennedy. (Balefsky, Lee) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 13 PROPOSED ORDER Consent Order Granting Substitution of Attorney Lee Balefsky as Counsel in lieu of Thomas Moribondo by Ramona Y. Kennedy, Rodney Kennedy. (Balefsky, Lee) (Modified on 4/13/2018 to convert event to proposed order) (lca). [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Domenic Cammaramo on 4/18/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 11
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (lca) (ADI) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 10 PLAINTIFF PROFILE FORM filed by Ramona Y. Kennedy. (Moribondo, Thomas) (Modified on 6/23/2017 to correct appearance of image (document originally appeared upside down)) (skh). [Transferred from West Virginia Southern on 1/13/2020.] |
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Filing 9
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 1/13/2020.]
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| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 53 (AGREED ORDER AND STIPULATION REGARDING THIRD PARTY SUBPOENAS) entered on 06/12/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/13/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2514493. (Attachment: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 1/13/2020.] |
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