Holland et al v. Ethicon, Inc. et al
| Kathleen Holland and Michael Holland |
| Ethicon, Inc. and Johnson & Johnson |
| 2:2019cv00787 |
| October 16, 2019 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Wallace Capel |
| William Keith Watkins |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 5, 2021. A more recent docket listing may be available from PACER.
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Case Reassigned to Honorable Judge Jerusha T. Adams as referral judge; Honorable Judge Wallace Capel, Jr no longer assigned to the case. (No pdf attached) (kr, )
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Filing 53
TEXT ORDER granting #50 Motion for David C. Degreeff to Appear Pro Hac Vice. Signed by Honorable Judge William Keith Watkins on 10/28/2019. (No pdf attached to this entry) (kr, )
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Filing 52
TEXT ORDER granting #48 Motion to Withdraw as Attorney Cicely I. Luben and Scott R. Hunsaker. Signed by Honorable Judge William Keith Watkins on 10/28/2019. (No pdf attached to this entry) (kr, )
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Filing 51
TEXT ORDER granting #47 Motion for Thomas P. Cartmell to Appear Pro Hac Vice. Signed by Honorable Judge William Keith Watkins on 10/28/2019. (No pdf attached to this entry) (kr, )
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*** PURSUANT TO THE COURT'S 52 ORDER - Attorney Scott Richard Hunsaker and Cicely Irene Lubben terminated. (No pdf attached to this entry) (kr, )
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Filing 50
Motion for David C. Degreeff to Appear Pro Hac Vice ( Filing fee $ 75.00 receipt number 4602055430.) by Kathleen Holland, Michael Holland. (Attachments: #1 Exhibit A, #2 Proposed Order, #3 Receipt)(kr, )
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Filing 49
Pro Hac Vice Filing fee received re #47 Motion: $ 75.00, receipt number 4602055429. (kr, )
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Filing 48
MOTION to Withdraw as Attorney Cicely I. Luben and Scott R. Hunsaker by Ethicon, Inc., Johnson & Johnson. (Walker, Caroline)
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Filing 47
Motion for Thomas P. Cartmell to Appear Pro Hac Vice by Kathleen Holland, Michael Holland. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Cartmell, Thomas) Modified on 10/28/2019 to add attorney's name (kr, ).
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Filing 46
NOTICE of Appearance by James Clifton Barton, Jr on behalf of Ethicon, Inc., Johnson & Johnson (Barton, James)
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Filing 45
NOTICE of Appearance by Caroline D. Walker on behalf of Ethicon, Inc., Johnson & Johnson (Walker, Caroline)
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Filing 44
Case transferred in from Western District of Missouri; Case Number 4:13-cv-00155-ODS. Original file with certified copies of transfer order and docket sheet received ELECTRONICALLY via EMAIL from MOWD Clerk.(kh, )
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Case electronically transferred to District of Middle District of Alabama. This is a TEXT ONLY ENTRY. No document is attached.(kh, )
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Filing 43
ORDER entered by Judge Ortrie D. Smith. The Court denies Defendants' motion to dismiss but grants their alternative request to transfer the matter to the United States District Court for the Middle District of Alabama. Signed on 10/9/19 by District Judge Ortrie D. Smith.(kh, )
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Filing 42
REPLY SUGGESTIONS to motion re #36 MOTION to dismiss for lack of jurisdiction : Motion to Dismiss Plaintiffs' Complaint or, in the Alternative, to Transfer Venue filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson & Johnson. (Relateddocument(s) #36 ) (kh, )
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Filing 41
SUGGESTIONS in opposition re #36 MOTION to dismiss for lack of jurisdiction : Motion to Dismiss Plaintiffs' Complaint or, in the Alternative, to Transfer Venue filed by Jeffrey M. Kuntz on behalf of Plaintiffs Kathleen Holland, Michael Holland. Reply suggestions due by 10/3/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A -Ethicon Inc Answer, #2 Exhibit B - J & J Answer,, #3 Exhibit C - PTO)(kh, )
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Filing 40
ORDER granting #38 the parties' joint motion to stay, and staying the matter until the Court issues its decision on Defendants' Motion to Dismiss. Signed on 9/13/2019 by District Judge Ortrie D. Smith. (kh, )
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Filing 39
SUGGESTIONS in support re #38 Joint MOTION to stay re #26 Scheduling Order, : Joint Emergency Motion to Stay Discovery and Deadlines filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson & Johnson. (Related document(s) #38 )(kh, )
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Filing 38
Joint MOTION to stay re #26 Scheduling Order, : Joint Emergency Motion to Stay Discovery and Deadlines filed by Cicely I Lubben on behalf of Ethicon, Inc., Johnson & Johnson. Suggestions in opposition/response due by 9/19/2019 unless otherwise directed by the court. (Related document(s) #26 ) (kh, )
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Filing 37
SUGGESTIONS in support re #36 MOTION to dismiss for lack of jurisdiction : Motion to Dismiss Plaintiffs' Complaint or, in the Alternative, to Transfer Venue filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit A, #2 Exhibit B)(kh, )
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Filing 36
MOTION to dismiss for lack of jurisdiction : Motion to Dismiss Plaintiffs' Complaint or, in the Alternative, to Transfer Venue filed by Cicely I Lubben on behalf of Ethicon, Inc., Johnson & Johnson. Suggestions in opposition/response due by 9/19/2019 unless otherwisedirected by the court. (kh, )
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Filing 35
CERTIFICATE OF SERVICE by Kathleen Holland, Michael Holland Plaintiffs' First Requests for Admissions, First Interrogatories and First Requests for Production to Defendant Ethicon filed by David C. DeGreeff on behalf of Plaintiffs Kathleen Holland, Michael Holland. (kh, )
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Filing 34
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David C. DeGreeff on behalf of Plaintiffs Kathleen Holland, Michael Holland. (kh, )
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Filing 33
RETURN OF SERVICE (non cmp) Subpoena re Dr. R. Edward Varner. (kh, )
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Filing 32
RETURN OF SERVICE (non cmp) Subpoena re Dr. William J. Dailey.(kh, )
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Filing 31
RETURN OF SERVICE (non cmp) Subpoena re Dr. Keith C. Martin(kh, )
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Filing 30
RETURN OF SERVICE (non cmp) Subpoena re Dr. C. Dent Williams(kh, )
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Filing 29
CERTIFICATE OF SERVICE by Kathleen Holland re Answers & Objections to First Interrogatories and Responses and Objections to First Requests for Production of Defendants Ethicon, Inc. and Johnson & Johnson filed by David C. DeGreeff on behalf of Plaintiff Kathleen Holland.(kh, )
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Filing 28
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson & Johnson. (kh, )
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Filing 27
CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson re: Defendants' First Set of Interrogatories and First Set of Requests for Production to Plaintiff Kathleen Holland filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson &Johnson.(kh, )
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Filing 26
SCHEDULING AND TRIAL ORDER: Discovery due by 12/16/2019. Dispositive Motions due by 1/15/2020. Pretrial Conference set for 4/29/2020 at 11:00 AM in Chambers before District Judge Ortrie D. Smith. Jury Trial set for 6/22/2020 at 8:00 AM in Courtroom 8C, Kansas City (ODS) before District Judge Ortrie D. Smith. Signed on 6/18/19 by District Judge Ortrie D. Smith. (kh, )
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Filing 25
NOTICE of filing (Joint) by Kathleen Holland (kh, )
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Filing 24
NOTICE of appearance by David C. DeGreeff on behalf of Kathleen Holland, Michael Holland (Attorney David C. DeGreeff added to party Kathleen Holland(pty:pla), Attorney David C. DeGreeff added to party Michael Holland(pty:pla))(kh, )
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Filing 23
RULES OF TRIAL. Signed on 5/31/19 by District Judge Ortrie D. Smith. (kh, ).
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Filing 22
ORDER - FILED IN USDC- Western District of Missouri (Kansas City). By no later than June 14, 2019, the parties shall meet and confer and jointly file a Notice of Filing containing (1) anticipated length of trial based on the issues to be tried and the limitations on witness testimony set forth in the contemporaneously filed Rules of Trial; (2) dates that counsel and witnesses are available for trial; and (3) dates at least thirty days prior to the suggested trial dates that all lead counsel are available for a pretrial conference. Signed on 5/29/19 by District Judge Ortrie D. Smith(kh, )
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Filing 21
ORDER FILED IN USDC- Western District of Missouri (Kansas City) DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANT ETHICON, LLC. Ethicon, LLC terminated. Signed on 5/10/19 by District Judge Ortrie D. Smith. (kh, )
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Filing 20
Joint MOTION to dismiss party : Joint Motion to Voluntarily Dismiss Defendant Ethicon, LLC filed by Scott Richard Hunsaker on behalf of Ethicon, LLC. Suggestions in opposition/response due by 5/24/2019 unless otherwise directed by the court. (kh, )
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Filing 19
ORDER - FILED IN USDC- Western District of Missouri (Kansas City) granting #18 motion to appear pro hac vice entered by Clerk of Court. Attorney Cicely I Lubben for Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (kh, )
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Filing 18
Motion to allow Cicely I. Lubben to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6302973) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson.(kh, )
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Filing 17
NOTICE of appearance by Scott Richard Hunsaker on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attorney Scott Richard Hunsaker added to party Ethicon, Inc.(pty:dft), Attorney Scott Richard Hunsaker added to party Ethicon, LLC(pty:dft), Attorney Scott Richard Hunsaker added to party Johnson & Johnson(pty:dft))(kh, )
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Filing 16
MDL CERTIFIED CONDITIONAL REMAND ORDER (MDL NO. 2327) signed by Jeffery N. Luthi, Clerk of the Panel. (Attachments: #1 MDL 2327 Order and Suggestions of Remand, #2 Docket Sheet for WVSD MDL Member Case 2:13-cv-14115, #3 Docket Sheet for MDL 2327 (2:12-md-2327, #4 Pretrial Order (Dkt. 32) in WVSD MDL Member Case 2:13-cv-14115, #5 Designation of Record (Dkt. 38) in WVSD MDL Member Case 2:13-cv-14115, #6 Answer (Dkt. 17) in WVSD MDL Member Case 2:13-cv-14115, #7 Stipulation of Dismissal (Dkt. 25) in WVSD MDL Member Case 2:13-cv-14115, #8 Stipulation of Dismissal (Dkt. 33) in WVSD MDL Member Case 2:13-cv-14115, #9 Show Cause Order (Dkt. 36) in WVSD MDL Member Case 2:13-cv-14115, #10 Plf's Response to Show Cause Order (Dkt. 39) in WVSD MDL Member Case 2:13-cv-14115, #11 Dft's Response to Show Cause Order (Dkt. 40) in WVSD MDL Member Case 2:13-cv-14115)(kh, )
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Filing 15
ADMINISTRATIVE TRANSFER. This case is randomly reassigned to the Honorable Judge Ortrie D. Smith for all further proceedings. Please note the new case number: 4:13-00155-CV-W-ODS. This is a TEXT ONLY ENTRY. No document is attached.(kh, )
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Case electronically transferred to the Southern District of West Virginia. This is a TEXT ONLY ENTRY. No document is attached.(kh, )
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Filing 14
CONDITIONAL TRANSFER ORDER -FILED IN USDC- Western District of Missouri (Kansas City) from John G. Heyburn, II, Chairman, transferring case to the MDL Panel, MDL No. 2327, theSouthern District of West Virginia.(kh, )
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Filing 13
ORDER -FILED IN USDC- Western District of Missouri (Kansas City) granting #11 and #12 motion to appear pro hac vice approved by Clerk of Court. Attorneys Douglas B King and Jennifer L Schuster for Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc. and Cook Urological Incorporated allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached. CM/ECF registration forms emailed to counsel. (kh, )
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Filing 12
Motion to allow Jennifer L. Schuster to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3512193) filed by Robert A.Henderson on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated.(kh, )
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Filing 11
Motion to allow Douglas B. King to appear pro hac vice (Pro Hac fee $100 receipt number 0866-3512143) filed by Robert A.Henderson on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated. (kh, )
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Filing 10
Before the Court is an Unopposed Motion to Stay Proceedings Pending Disposition of Motion to Vacate CTO-78 in MDL 2327 (Doc.#4). The Cook defendants move the Court to stay all proceedings until the Judicial Panel on Multidistrict Litigation rules on a pending motion that Cook filed. It is hereby GRANTED. The Cook defendants shall notify the Court in writing of the JPMLs decision within seven (7)days of its Order. Signed on 04/09/13 by District Judge Scott O. Wright. This is a TEXT ONLY ENTRY. No document is attached.(kh, )
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Filing 9
RETURN OF WAIVER OF SERVICE filed by Michael Holland, Kathleen Holland. Waiver sent to Cook Incorporated on 3/28/2013,answer due 5/28/2013. (kh, )
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Filing 8
RETURN OF WAIVER OF SERVICE filed by Michael Holland, Kathleen Holland. Waiver sent to Cook Urological Incorporated on3/28/2013, answer due 5/28/2013.(kh, )
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Filing 7
RETURN OF WAIVER OF SERVICE filed by Michael Holland, Kathleen Holland. Waiver sent to Cook Medical Inc. on 3/28/2013,answer due 5/28/2013.(kh, )
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Filing 6
RETURN OF WAIVER OF SERVICE filed by Michael Holland, Kathleen Holland. Waiver sent to Cook Group, Inc. on 3/28/2013,answer due 5/28/2013. (kh, )
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Filing 5
RETURN OF WAIVER OF SERVICE filed by Michael Holland, Kathleen Holland. Waiver sent to Cook Biotech, Inc. on 3/28/2013,answer due 5/28/2013. (kh, )
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Filing 4
MOTION to stay Proceedings Pending Disposition of Motion to Vacate CTO-78 in MDL 2327 filed by Robert A. Henderson on behalf of Cook Biotech, Inc., Cook Group, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated. Suggestions in opposition/response due by 4/25/2013 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kh, )
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Filing 3
DISCLOSURE OF CORPORATE INTERESTS filed by Robert A. Henderson on behalf of Defendants Cook Biotech, Inc., CookGroup, Inc., Cook Incorporated, Cook Medical Inc., Cook Urological Incorporated. (kh, ).
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Filing 2
MDL Notification - Notice of potential tag along case for MDL 2327 with copy of complaint and docket sheet sent to MDL Panel.(Attachments: # 1 docket report) (Attachments: # ( #1 ) Docket Report)(kh, )
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Filing 1
COMPLAINT FILED IN USDC- Western District of Missouri (Kansas City) against Ethicon, Inc., Johnson & Johnson ( Filing fee $ 350.00 receipt number 0866-3415253.), filed by Michael Holland, Kathleen Holland. (Attachments: #1 Civil Cover Sheet)(kh, )
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