Jung et al v. Ethicon Incorporated et al
| Wendy Jung and John Jung |
| Ethicon Incorporated and Johnson & Johnson |
| 2:2020cv00494 |
| March 9, 2020 |
| US District Court for the District of Arizona |
| G Murray Snow |
| Personal Injury: Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 65 MOTION to Exclude, or in the Alternative, Limit the Case-Specific Opinions and Testimony of James Wheeler, MD by Ethicon Incorporated, Johnson & Johnson. (Attachments: #1 Text of Proposed Order, #2 Exhibit Ex A Wheeler Report, #3 Exhibit Ex B Plaintiff Disclosure)(Johnston, Bradley) |
| Filing 64 Corporate Disclosure Statement by Johnson & Johnson. (Johnston, Bradley) |
| Filing 63 Corporate Disclosure Statement by Ethicon Incorporated. (Johnston, Bradley) |
| Filing 62 NOTICE re: Voluntary Withdrawal of Motion for Partial Summary Judgment re: Negligence Count by Ethicon Incorporated, Johnson & Johnson . (Attachments: #1 Text of Proposed Order)(Johnston, Bradley) |
Filing 61
ORDER: The #60 Joint Stipulation of Dismissal with Prejudice is Granted and the following causes of actions are dismissed with prejudice, with each party to bear its own attorneys' fees and costs: strict liability-manufacturing defect (Count II); strict liability defective product (Count IV); fraudulent concealment (Count VII); constructive fraud (Count VIII); negligent misrepresentation (Count IX); negligent infliction of emotional distress (Count X); breach of express and implied warranties (Counts XI and XII); consumer protection laws (Count XIII); gross negligence (Count XIV); and unjust enrichment (Count XV). Signed by Chief Judge G Murray Snow on 4/9/20. (GMP)
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| Filing 60 STIPULATION of Dismissal by Ethicon Incorporated, Johnson & Johnson. (Attachments: #1 Text of Proposed Order Proposed Order)(Johnston, Bradley) |
| Remark: Out of state attorney Priscilla E Jimenez removed for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 59
ORDER - Pending before the Court is Defendants' Motion to Withdraw as Counsel of Record for Defendants Ethicon, Inc. and Johnson & Johnson (Doc. #58 ), and good cause appearing, IT IS HEREBY ORDERED that the following attorneys are formally withdrawn as counsel of record in this matter: Anita Modak-Truran, Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage, A LaVerne Edney, Paul S. Rosenblatt. Signed by Chief Judge G Murray Snow on 4/1/20. (SLQ)
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| Filing 58 MOTION to Withdraw as Attorney by Ethicon Incorporated, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(Johnston, Bradley) |
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Filing 57
ORDER - IT IS HEREBY ORDEREDthe Court's 52 Final Pretrial Conference Order and all deadlines thereto is vacated. The #25 pending Stipulation is moot. The parties shall by April 10, 2020, file a joint stipulation as to the Counts to be dismissed. Daubert motion(s) regarding Dr. Wheeler shall be due within 30 days of the date of this Order, April 27, 2020. The three depositions authorized shall be completed by July 31, 2020. All dispositive motions shall be filed by September 30, 2020. Signed by Chief Judge G Murray Snow on 3/27/2020. (MSA)
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| Filing 56 MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Telephone Conference held on 3/27/2020. Order to follow. APPEARANCES: Christopher Gomez for Plaintiffs. Bradley Johnston for Defendants. (Court Reporter Charlotte Powers.) Hearing held 9:31 AM to 10:02 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
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Filing 55
ORDER - IT IS HEREBY ORDERED granting the #54 Joint Motion. The parties shall appear telephonically for a Status Conference on March 27, 2020 at 9:30 a.m. Parties are directed to call in approximately five minutes prior to the Conference. IT IS FURTHER ORDERED directing Plaintiff's counsel to arrange the conference call and disseminate the call-in number on or before Noon on Wednesday, March 25, 2020 to all parties, including the Court. Signed by Chief Judge G Murray Snow on 3/23/2020. (MSA)
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| Filing 54 MOTION for Hearing or Conference re: Status Conference by Ethicon Incorporated, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(Johnston, Bradley) |
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Filing 53
ORDER - IT IS HEREBY ORDERED the parties shall appear telephonically at the 52 Final Pretrial Conference set for May 15, 2020 at 9:00 a.m. Parties are directed to call in approximately five minutes prior to the Conference. IT IS FURTHER ORDERED directing Plaintiffs counsel to arrange the conference call and disseminate the call-in number on or before Noon on Wednesday, May 13, 2020 to all parties, including the Court. Signed by Chief Judge G Murray Snow on 3/23/2020. (MSA)
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| Remark: Pro hac vice motion(s) granted for Christopher A Gomez, Braden R Lepisto and Lee B Balefsky on behalf of Plaintiffs John Jung and Wendy Jung. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 52
IT IS HEREBY ORDERED that the Final Pretrial Conference presently set for 5/15/20 at 2:30 p.m. is RESET AS TO TIME ONLY!! Final Pretrial Conference set for 5/15/20 at 9:00 a.m. in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G. Murray Snow. Ordered by Chief Judge G. Murray Snow. (GMS, ag) ( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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| Filing 51 NOTICE re: Re: Substitution of Counsel by Ethicon Incorporated, Johnson & Johnson . (Johnston, Bradley) |
| Filing 50 NOTICE of Appearance by Bradley James Johnston on behalf of Ethicon Incorporated, Johnson & Johnson. (Johnston, Bradley) |
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Filing 49
ORDER SETTING FINAL PRETRIAL CONFERENCE - Proposed Final Pretrial Order due by 5/1/2020. Final Pretrial Conference set for 5/15/2020 at 02:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. See document for complete details. Signed by Chief Judge G Murray Snow on 3/10/2020. (WLP)
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| Filing 48 LETTER Re Transfer of 2:15-cv-03317 from the Southern District of West Virginia to the District of Arizona. New Case Number: CV-20-00494-PHX-GMS. (MAP) |
| Filing 47 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:15-cv-03317 . Original file certified copy of transfer order and docket sheet received |
| Filing 46 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 45 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (3614) Pls Mot to Exclude Olga Ramm, #2 Exhibit MDL ECF (3616) Pls Mem in Support of Mot to Exclude Olga Ramm, #3 Exhibit MDL ECF (3750) Defs Resp to Mot to Exclude Olga Ramm, #4 Exhibit MDL ECF (3849) Pls Reply to Mot to Exclude Olga Ramm, #5 Exhibit MDL ECF (6831) Notice of Adoption of Pls Mot to Exclude Olga Ramm, #6 Exhibit MDL ECF (7016) Notice of Adoption of Response to Pls Mot to Exclude Olga Ramm, #7 Exhibit MDL ECF (7106) Notice of Adoption of Reply to Pls Mot to Exclude Olga Ramm)(Gage, William) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2076) Pls Mot to Exclude Teri A. Longacre, #2 Exhibit MDL ECF (2098) Pls Mem in Support of Mot to Exclude Teri A. Longacre, #3 Exhibit MDL ECF (2140) Defs Resp to Mot to Exclude Teri A. Longacre, #4 Exhibit MDL ECF (2253) Pls Mem in Support of Mot to Exclude Teri A. Longacre, #5 Exhibit MDL ECF (6820) Notice of Adoption of Pls Mot to Exclude Teri A. Longacre, #6 Exhibit MDL ECF (6969) Notice of Adoption of Response to Pls Mot to Exclude Teri A. Longacre, #7 Exhibit MDL ECF (7099) Notice of Adoption of Reply to Pls Mot to Exclude Teri A. Longacre)(Gage, William) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (6882) Pls Mot to Exclude Dorothy Kammerer-Doak, #2 Exhibit MDL ECF (6885) Pls Mem in Support of Mot to Exclude Dorothy Kammerer-Doak, #3 Exhibit MDL ECF (7029) Defs Resp to Mot to Exclude Dorothy Kammerer-Doak)(Gage, William) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (6852) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (6960) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 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) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
| Filing 37 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 (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 3/3/2020 to add party filers) (msa). [Transferred from wvsd on 3/9/2020.] |
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Filing 36
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) (kew) [Transferred from wvsd on 3/9/2020.]
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| Filing 35 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 3/9/2020.] |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Wendy Jung, John Jung (Balefsky, Lee) (Modified on 5/1/2019 to add party filer)(slr). [Transferred from wvsd on 3/9/2020.] |
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Filing 33
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 3/9/2020.]
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Filing 32
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 3/9/2020.]
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| Filing 31 REPLY by Ethicon, Inc., Johnson & Johnson to #28 Response In Opposition. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
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Filing 30
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 3/9/2020.]
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| Filing 29 MEMORANDUM by John Jung and Wendy Jung in opposition to #26 MOTION by Ethicon, Inc. and Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 28 OPPOSITION by John Jung and Wendy Jung to #26 MOTION by Ethicon, Inc. and Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order)(Balefsky, Lee) (Modified text on 10/26/2018) (slr). [Transferred from wvsd on 3/9/2020.] |
| Filing 27 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 26 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 25 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Wendy Jung, John Jung (Rosenblatt, Paul) (Modified on 10/4/2018 to add party filers)(rmc). [Transferred from wvsd on 3/9/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 3/9/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. La'Verne Edney on behalf of Ethicon, Inc., Johnson & Johnson. (Edney, A.) [Transferred from wvsd on 3/9/2020.] |
| Filing 22 NOTICE of Issuing Amended Subpoena to Dr. Ronald C. Burton by Ethicon, Inc., Johnson & Johnson (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| Filing 21 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Ronald C. Burton on 8/20/2018 at 9:30 a.m. (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| Filing 20 NOTICE of Issuing Subpoena to Dr. Ronald C. Burton by Ethicon, Inc., Johnson & Johnson (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| Filing 19 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Ronald C. Burton on 8/20/2018 at 9:30 a.m. (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
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Filing 17
ORDER The #16 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 wvsd on 3/9/2020.]
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Filing 18
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) (mek) (ADI) [Transferred from wvsd on 3/9/2020.]
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| Filing 16 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 3/9/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by John Jung, Wendy Jung for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 14 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Wendy Jung on 6/14/2018 at 9:00 a.m. (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Rosenblatt, Paul) [Transferred from wvsd on 3/9/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Wendy Jung on 4/18/2018 at 9:00 a.m. (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paul Stokely Rosenblatt on behalf of Ethicon, Inc., Johnson & Johnson. (Rosenblatt, Paul) [Transferred from wvsd on 3/9/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson. (Modak-Truran, Anita) [Transferred from wvsd on 3/9/2020.] |
| NOTICE OF DOCKET CORRECTION re: #8 Notice of Video Deposition. ERROR: Incorrect image filed. CORRECTION: Image removed and replaced with correct image. (kp) [Transferred from wvsd on 3/9/2020.] |
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Filing 9
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) (PMA) [Transferred from wvsd on 3/9/2020.]
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| Filing 8 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Ronald C. Burton on 5/7/2018 at 9:00 a.m. (Gage, William) (Modified on 2/1/2018 to remove and replace incorrect image) (kp). [Transferred from wvsd on 3/9/2020.] |
| 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 wvsd on 3/9/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by John Jung, Wendy Jung. (Jimenez, Priscilla) [Transferred from wvsd on 3/9/2020.] |
| Filing 5 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 3/9/2020.] |
| Filing 4 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 3/9/2020.] |
| Filing 3 AMENDED SHORT FORM COMPLAINT filed by John Jung, Wendy Jung against Ethicon, Inc., Johnson & Johnson. (Balefsky, Lee) [Transferred from wvsd on 3/9/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 167 (QUALIFIED PROTECTIVE ORDER)entered on 02/26/2015 in MDL 2327 to attorneys in member case. (kw) [Transferred from wvsd on 3/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3774053. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from wvsd on 3/9/2020.] |
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