O'Malley et al v. Ethicon Incorporated et al
| Leann O'Malley and Terence O'Malley |
| Ethicon Incorporated and Johnson & Johnson |
| 2:2020cv00188 |
| January 24, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Personal Injury: Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 29 NOTICE Re Transfer of 2:13-cv-31812 from the Southern District of West Virginia to the District of Arizona. New Case Number: CV-20-00188-PHX-JJT. (MAP) |
| Filing 28 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:13-cv-31812 . Original file certified copy of transfer order and docket sheet received |
| Filing 27 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (241) Master Answer and Jury Demand, #4 Exhibit (262) Short Form Complaint, #5 Envelope (263) Amended Short Form Complaint)(Gage, William) (Modified on 1/10/2020 to add party filers) (mk). [Transferred from wvsd on 1/24/2020.] |
Filing 26
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 1/24/2020.]
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| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from wvsd on 1/24/2020.] |
| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Leann O'Malley, Terence O'Malley (Balefsky, Lee) [Transferred from wvsd on 1/24/2020.] |
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Filing 23
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 wvsd on 1/24/2020.]
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Filing 22
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 wvsd on 1/24/2020.]
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Filing 21
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 wvsd on 1/24/2020.]
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Filing 20
ORDER denying as moot #18 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum 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 8/17/2018. (cc: attys; any unrepresented party) (kp) [Transferred from wvsd on 1/24/2020.]
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| Filing 19 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson of #18 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss With Prejudice. (Gage, William) [Transferred from wvsd on 1/24/2020.] |
| Filing 18 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum 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) [Transferred from wvsd on 1/24/2020.] |
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Filing 16
ORDER The #14 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) (hkl) [Transferred from wvsd on 1/24/2020.]
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| Filing 15 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson of #14 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss. (Gage, William) [Transferred from wvsd on 1/24/2020.] |
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Filing 17
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 wvsd on 1/24/2020.]
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| Filing 14 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 wvsd on 1/24/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 1/24/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Morris, Christopher) [Transferred from wvsd on 1/24/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc., Johnson & Johnson. (Adams, Kasey) [Transferred from wvsd on 1/24/2020.] |
| Filing 10 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #7 Notice of Videotaped Deposition. (Gage, William) [Transferred from wvsd on 1/24/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Johnson & Johnson. (Morris, Christopher) [Transferred from wvsd on 1/24/2020.] |
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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 wvsd on 1/24/2020.]
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul W Marshburn on 3/20/2018 at 9:00 a.m. (Gage, William) [Transferred from wvsd on 1/24/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Leann O'Malley, Terence O'Malley. (Gomez, Christopher) [Transferred from wvsd on 1/24/2020.] |
| 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 wvsd on 1/24/2020.] |
| 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 wvsd on 1/24/2020.] |
| 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 wvsd on 1/24/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 87 (Motion to Establish Order of Discovery and Request for In-Person Hearing) entered on 12/13/2013 in MDL 2327 to attorneys in member case. (klc) [Transferred from wvsd on 1/24/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2834481. (Attachment: #1 Civil Cover Sheet, #2 Notice of Service Under Delayed Filing Agreement) (mmw) [Transferred from wvsd on 1/24/2020.] |
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