Fincher v. Ethicon, Inc. et al
Plaintiff: Rosalie Fincher
Defendant: Ethicon, LLC, Ethicon Inc and Johnson & Johnson
Case Number: 2:2020cv00310
Filed: March 6, 2020
Court: US District Court for the Northern District of Alabama
Presiding Judge: Annemarie Carney Axon
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2020 Opinion or Order Filing 54 FINAL ORDER - Pursuant to the joint stipulation of dismissal filed by the parties (doc. #53 ), the court DISMISSES this action WITH PREJUDICE. The parties are to bear their own costs, expenses, and attorney's fees. Signed by Judge Annemarie Carney Axon on 3/30/2020. (KEK)
March 30, 2020 Filing 53 STIPULATION of Dismissal with Prejudice by Ethicon Inc, Johnson & Johnson. filed by Ethicon Inc, Johnson & Johnson (Walker, Caroline)
March 19, 2020 Minute Entry for proceedings held before Judge Annemarie Carney Axon: Telephone Status conference held on 3/19/2020. Status of the case discussed - parties will file update with the court by no later than March 31, 2020. (SAC)
March 18, 2020 Opinion or Order Filing 52 TEXT ORDER - The court sets a Telephone Conference for March 19, 2020, 11:00 AM before Judge Annemarie Carney Axon. Counsel will receive the numbers required to join the call via e-mail. Signed by Judge Annemarie Carney Axon on 3/18/20. (SAC )
March 17, 2020 Opinion or Order Filing 51 TEXT ORDER - The court GRANTS #46 Motion for Leave to Appear pro hac vice (Kurecian, Amanda). Signed by Judge Annemarie Carney Axon on 3/17/20. (SAC)
March 17, 2020 Opinion or Order Filing 50 TEXT ORDER - The court GRANTS #45 Motion for Leave to Appear pro hac vice (Gomez, Christopher). Signed by Judge Annemarie Carney Axon on 3/17/20. (SAC)
March 17, 2020 Opinion or Order Filing 49 TEXT ORDER - The court GRANTS #44 Motion for Leave to Appear pro hac vice (Balefsky, Lee). Signed by Judge Annemarie Carney Axon on 3/17/20. (SAC)
March 12, 2020 Filing 48 NOTICE of Appearance by Joe N Lampley on behalf of Rosalie Fincher (Lampley, Joe)
March 11, 2020 Opinion or Order Filing 47 TEXT ORDER - The court CANCELS the telephonic status conference previously scheduled for Thursday, March 12, 2020. This will be rest by separate order after local counsel for plaintiff makes an appearance as required by local rule 83.1 (b)(2). Signed by Judge Annemarie Carney Axon on 3/11/20. (SAC)
March 11, 2020 PHV Fee paid: $ 75, receipt number 1126-3554668 (ALND B4601104738). (Balefsky, Lee) Modified on 3/11/2020 (KEK).
March 11, 2020 PHV Fee paid: $ 75, receipt number 1126-3554688 (ALND B4601104739). (Gomez, Christopher) Modified on 3/11/2020 (KEK).
March 11, 2020 PHV Fee paid: $ 75, receipt number 1126-3554709 (ALND B4601104740). (Kurecian, Amanda) Modified on 3/11/2020 (KEK).
March 10, 2020 Filing 46 MOTION for Leave to Appear Pro Hac Vice by Rosalie Fincher. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurecian, Amanda)
March 10, 2020 Filing 45 MOTION for Leave to Appear Pro Hac Vice by Rosalie Fincher. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gomez, Christopher)
March 10, 2020 Filing 44 MOTION for Leave to Appear Pro Hac Vice by Rosalie Fincher. (Attachments: #1 Exhibit A, #2 Exhibit B)(Balefsky, Lee)
March 10, 2020 Opinion or Order Filing 43 TEXT ORDER granting #42 Motion to Withdraw as Attorney. Attorneys Christy D. Jones; Susan M. Robinson; David B. Thomas; James C. Barton, Jr.; and William M. Gage terminated. Caroline D. Walker will continue as counsel of record for Defendants Ethicon, Inc., and Johnson & Johnson. Signed by Judge Annemarie Carney Axon on 3/10/2020. (RLW)
March 9, 2020 Filing 42 MOTION to Withdraw as Attorney David B. Thomas, Susan M. Robinson, Christy D. Jones, William M. Gage and James C. Barton, Jr. by Ethicon Inc, Johnson & Johnson. (Walker, Caroline)
March 9, 2020 Opinion or Order Filing 41 TEXT ORDER correcting the court's previous 40 order. The telephonic status conference is scheduled for Thursday, March 12, 2020. Signed by Judge Annemarie Carney Axon on 3/9/2020. (RLW) Modified on 3/9/2020 (KEK).
March 9, 2020 Opinion or Order Filing 40 TEXT ORDER: The court SETS a telephone conference for Thursday, April 12, 2020, 3:00 PM, before Judge Annemarie Carney Axon. Counsel will receive the numbers required to join the call by email. Signed by Judge Annemarie Carney Axon on 3/9/2020. (KEK)
March 6, 2020 Filing 39 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-25628. Original file certified copy of transfer order and docket sheet received.
March 2, 2020 Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2060) Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (4328) Pls Mot to Exclude Marshall Shoemaker, #2 Exhibit MDL ECF (4329) Pls Mem in Support of Mot to Exclude Marshall Shoemaker, #3 Exhibit MDL ECF (4551) Defs Resp to Mot to Exclude Marshall Shoemaker, #4 Exhibit MDL ECF (6851) Notice of Adoption of Pls Mot to Exclude Marshall Shoemaker, #5 Exhibit MDL ECF (7033) Notice of Adoption of Response to Pls Mot to Exclude Marshall Shoemaker)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2205) Part 1 Pls Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 Pls Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 Pls Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) Pls Mem in Support of Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) Pls Reply to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 Defs Resp to Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) Pls Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) Pls Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) Defs Resp to Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) Pls Reply to Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (6824) Notice of Adoption of Pls Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (6998) Notice of Adoption of Response to Pls Mot to Exclude Steven Maclean, #17 Exhibit MDL ECF (7100) Notice of Adoption of Reply to Pls Mot to Exclude Steven Maclean)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2063) Part 1 Pls Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 Pls Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) Pls Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 Defs Resp to Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 Defs Resp to Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) Pls Reply to Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (6796) Notice of Adoption of Pls Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (6966) Notice of Adoption of Response to Pls Mot to Exclude Juan Carlos Felix, #9 Exhibit MDL ECF (7093) Notice of Adoption of Reply to Pls Mot to Exclude Juan Carlos Felix)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2025) Pls Mot to Exclude Joseph Carbone, #2 Exhibit MDL ECF (2027) Pls Mem in Support of Mot to Exclude Joseph Carbone, #3 Exhibit MDL ECF (2180) Defs Resp to Mot to Exclude Joseph Carbone, #4 Exhibit MDL ECF (2915) Defs Resp to Mot to Exclude Joseph Carbone, #5 Exhibit MDL ECF (3036) Pls Reply to Mot to Exclude Joseph Carbone, #6 Exhibit MDL ECF (6790) Notice of Adoption of Pls Mot to Exclude Joseph Carbone, #7 Exhibit MDL ECF (7007) Notice of Adoption of Response to Pls Mot to Exclude Joseph Carbone, #8 Exhibit MDL ECF (7128) Notice of Adoption of Reply to Pls Mot to Exclude Joseph Carbone)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2760) Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2949) Pls Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (6821) - Notice of Adoption of Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (6958) Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (7177) Notice of Adoption of Reply to Defs Mot to Exclude Peggy Pence)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (2814) - Defs Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (2816) Defs Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2950) Pls Resp to Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (3011) - Defs Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (6825) - Notice of Adoption of Defs Mot to Exclude Donald Ostergard, #6 Exhibit MDL ECF (6957) Notice of Adoption of Pls' Resp to Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (7179) Defs Reply in Support of Notice of Adoption of Defs Mot to Exclude Donald Ostergard)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (3626) Part 1- Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 2- Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3630) Defs Mem in Support of Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3767) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 4 Pls Resp to Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (6648) - Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (6926) Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (7123) Notice of Adoption of Reply to Defs Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #29 CONTINUED, MDL ECF (3619) Part 1- Defs Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 2- Defs Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3621) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 1 Pls Resp to Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3790) Part 2 Pls Resp to Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 3 Pls Resp to Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3865) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (6874) Part 1 - Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (6874) Part 2 - Defs Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (6874) Part 3 - Defs Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (6875) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (7038) Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7045) Pls Resp to Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (7085) Amended Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (7183) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 2, 2020 Filing 29 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (240) Master Answer of Ethicon LLC to First Amended Master Complaint, #4 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
February 21, 2020 Opinion or Order Filing 28 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 3/6/2020.]
August 30, 2019 NOTICE OF DOCKET CORRECTION re: #27 NOTICE of Plaintiffs Failure to Respond to Pending Motions for Summary Judgment and Request for Ruling Prior to Remand by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #20 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment ERROR: Incomplete image attached. CORRECTION: Removed and replaced incorrect image. (slr) [Transferred from West Virginia Southern on 3/6/2020.]
August 28, 2019 Filing 27 NOTICE of Plaintiffs Failure to Respond to Pending Motions for Summary Judgment and Request for Ruling Prior to Remand by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #20 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gage, William) (Modified on 8/30/2019 to remove and replace incomplete image)(slr). [Transferred from West Virginia Southern on 3/6/2020.]
April 24, 2019 Filing 26 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 3/6/2020.]
April 23, 2019 Filing 25 RESPONSE TO ORDER TO SHOW CAUSE by Rosalie Fincher (Balefsky, Lee) [Transferred from West Virginia Southern on 3/6/2020.]
April 10, 2019 Opinion or Order Filing 24 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 3/6/2020.]
March 26, 2019 Opinion or Order Filing 23 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) (mwk) (ADI) [Transferred from West Virginia Southern on 3/6/2020.]
October 23, 2018 Opinion or Order Filing 22 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 3/6/2020.]
October 17, 2018 Filing 21 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #20 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
October 17, 2018 Filing 20 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
October 4, 2018 Filing 19 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Rosalie Fincher. (Walker, Caroline) (Modified on 10/9/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 3/6/2020.]
August 20, 2018 Opinion or Order Filing 18 ORDER denying #15 MOTION and Supporting Memorandum by Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Show Cause for Failure to Comply with PTO 303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/20/2018. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 3/6/2020.]
August 15, 2018 Filing 17 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 3/6/2020.]
August 10, 2018 Filing 16 NOTICE of Plaintiffs' Failure to File Response to Defendants' Motion to Dismiss for Failure to Comply with PTO 303 or Alternatively for Plaintiffs to Show Cause for Failure to Comply with PTO 303 by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Appendix A, B & C)(Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
July 24, 2018 Filing 15 MOTION and Supporting Memorandum by Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Show Cause for Failure to Comply with PTO 303 and Request for Expedited Briefing. (Gage, William) (Modified text and added party filer on 7/27/2018) (slr). [Transferred from West Virginia Southern on 3/6/2020.]
June 13, 2018 Opinion or Order Filing 14 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: 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; and 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) (kp) (ADI) [Transferred from West Virginia Southern on 3/6/2020.]
May 18, 2018 Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants First Set of Interrogatories, Requests for Admission and Requests for Production. (Barton, James) [Transferred from West Virginia Southern on 3/6/2020.]
April 9, 2018 Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Rosalie Fincher on 5/16/18 at 2:00 p.m. (Walker, Caroline) [Transferred from West Virginia Southern on 3/6/2020.]
March 28, 2018 Filing 11 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #7 Notice of Videotaped Deposition. (Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
March 20, 2018 Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Caroline D. Walker on behalf of Ethicon, Inc., Johnson & Johnson. (Walker, Caroline) [Transferred from West Virginia Southern on 3/6/2020.]
March 20, 2018 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James C. Barton, Jr on behalf of Ethicon, Inc., Johnson & Johnson. (Barton, James) [Transferred from West Virginia Southern on 3/6/2020.]
January 31, 2018 Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert Flora on 4/20/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 3/6/2020.]
January 30, 2018 Opinion or Order Filing 8 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) (klc) (ADI) [Transferred from West Virginia Southern on 3/6/2020.]
June 2, 2017 Filing 6 PLAINTIFF PROFILE FORM filed by Rosalie Fincher. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 3/6/2020.]
March 14, 2016 Filing 5 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 3/6/2020.]
March 4, 2014 Filing 4 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 3/6/2020.]
November 7, 2013 Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 3/6/2020.]
October 18, 2013 Filing 2 TRANSMITTED PRETRIAL ORDER # 76 (Final Order Regarding Severance of Actions) entered on 10/10/2013 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 3/6/2020.]
October 15, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2711409. (Attachments: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (jws) [Transferred from West Virginia Southern on 3/6/2020.]

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Search for this case: Fincher v. Ethicon, Inc. et al
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Defendant: Ethicon, LLC
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
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Defendant: Ethicon Inc
Represented By: Christy D Jones
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Caroline Dye Walker
Represented By: Susan M. Robinson
Represented By: James C Barton, Jr
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Defendant: Johnson & Johnson
Represented By: Christy D Jones
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Caroline Dye Walker
Represented By: Susan M. Robinson
Represented By: James C Barton, Jr
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Plaintiff: Rosalie Fincher
Represented By: Lee B. Balefsky
Represented By: Michelle L. Tiger
Represented By: Priscilla E. Jimenez
Represented By: Thomas R. Kline
Represented By: Whitney Elise Tillman
Represented By: Lee B Balefsky
Represented By: Amanda L. Kurecian
Represented By: Christopher A. Gomez
Represented By: Joe N Lampley
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