Dickey et al v. Ethicon Incorporated et al
| Janna Dickey and Archie Dickey |
| Ethicon Incorporated, Johnson & Johnson and Ethicon LLC |
| 2:2020cv02084 |
| October 29, 2020 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Personal Injury: Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 53
ORDER: IT IS ORDERED vacating the telephonic status hearing previously set in this matter for December 17, 2020, to be reset at a later date. IT IS FURTHER ORDERED vacating the Court's previous minute entry (Doc. #49 ) requiring the parties to "jointly file a notice identifying all individual motions that are pending and in need of ruling in this matter." The Court will readdress the issue at a later date. Signed by Judge John J Tuchi on 12/7/2020. (JAMA)
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| Filing 52 NOTICE TO FILER OF DEFICIENCY re: #51 First MOTION for Ruling re: #34 re: Motion for Ruling on Defendants' Motion for Summary JudgmentFirst MOTION to Continue tasks set forth in November 17, 2020 Order filed by Johnson & Johnson, Ethicon Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Bradley Johnston but submitted using the log-in and password belonging to attorney Levi Claridge. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 51 *First MOTION for Ruling re: #34 re: Motion for Ruling on Defendants' Motion for Summary Judgment, First MOTION to Continue tasks set forth in November 17, 2020 Order by Ethicon Incorporated, Ethicon LLC, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(Claridge, Levi) *Modified to add additional filer and to reflect Local Rule violation; attorney noticed on 11/30/2020 (SST). |
| Filing 50 NOTICE of Appearance by Bradley James Johnston on behalf of Ethicon LLC. (Johnston, Bradley) |
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Filing 49
ORDER: IT IS ORDERED granting the Motion to Withdraw as Counsel of Record for Plaintiffs. (Doc. #48 .) Christopher Post and the law firm of Burg, Simpson Eldredge Hersh & Jardine, PLC are withdrawn. The Clerk of Court will list Attorney Post as "terminated" in the docket. IT IS FURTHER ORDERED setting this matter for a telephonic status conference on December 17, 2020, at 11:30 AM (Arizona time) in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail dial-in instructions to counsel. At least one week prior to the status conference, the parties shall jointly file a notice identifying all "individual motions that are pending and in need of ruling" in this matter, as required by Judge Goodwin in his transfer order (Doc. #37 at 2.) The Court having concluded that the designations of the MDL record thus far appearing on this Court's docket in this matter are unclear and not particularly helpful in their current form, IT IS FURTHER ORDERED that, for any pending motions, the parties shall refile onto the docket in the District of Arizona, contemporaneous with the above-required notice, the motions themselves, the responses and replies thereto, and any attendant statements of fact, and provide one set of hard copies of each to chambers. IT IS FURTHER ORDERED that at the telephonic status hearing, the Court will also set a firm trial date for the matter in mid-2021 that will allow time for it to resolve the outstanding motions and the parties to conform their trial preparation to those rulings. IT IS FURTHER ORDERED that all counsel shall have taken all necessary steps to be admitted to practice before this Court or admitted pro hac vice, as required by the Local Rules of Practice for the District of Arizona, before making any appearance in the Court. (See attached Order for complete details). Signed by Judge John J Tuchi on 11/17/2020. (JAMA)
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| Remark: Out of state attorneys Christy D Jones, David B Thomas, Susan M Robinson, Kari L Sutherland, and William M Gage removed as counsel 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) |
| Filing 48 MOTION to Withdraw as Attorney for Plaintiffs by Janna Dickey. (Attachments: #1 Text of Proposed Order Order of Withdrawal)(Post, Christopher) |
| Filing 47 *Corporate Disclosure Statement by Ethicon Incorporated. (Johnston, Bradley) *Modified to correct filer on 11/3/2020 (SST). |
| Filing 46 *Corporate Disclosure Statement by Johnson & Johnson. (Johnston, Bradley) *Modified to correct filer on 11/3/2020 (SST). |
| Filing 45 NOTICE of Appearance by Bradley James Johnston on behalf of Ethicon Incorporated, Johnson & Johnson. (Johnston, Bradley) |
| Filing 44 Letter re Transfer of 2:13-cv-04463 from Southern District of West Virginia to the District of Arizona. New Case Number: CV 20-2084-PHX-JJT. (MAP) |
| Filing 43 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:13-cv-04463 . Original file certified copy of transfer order and docket sheet received |
| Filing 42 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' 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 Pls' Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #15 Exhibit MDL ECF (7993) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8206) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 10/27/2020 to add party filers) (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 41 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 Pls' Mot to Exclude Olga Ramm, #4 Exhibit MDL ECF (3849) - Pls' Reply in Supp of Mot to Exclude Olga Ramm, #5 Exhibit MDL ECF (7995) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Olga Ramm, #6 Exhibit MDL ECF (8173) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Olga Ramm)(Robinson, Susan) (Modified on 10/27/2020 to add party filers) (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 40 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of 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 (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #7 Exhibit MDL ECF (8041) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8191) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 10/27/2020 to add party filers) (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 39 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 Pls' Mot to Exclude Dorothy Kammerer-Doak, #4 Exhibit MDL ECF (7991) - Notice of Adoption of Pls' Mot to Exclude Dorothy Kammerer-Doak, #5 Exhibit MDL ECF (8236) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Dorothy Kammerer-Doak)(Robinson, Susan) (Modified on 10/27/2020 to add party filers) (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 38 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)(Robinson, Susan) (Modified on 10/27/2020 to add party filers) (mk). [Transferred from wvsd on 10/29/2020.] |
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Filing 37
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/27/2020 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 10/26/2020 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 10/13/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from wvsd on 10/29/2020.]
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Filing 36
ORDER granting #26 MOTION by Aimee H. Wagstaff to Withdraw as Attorney for Archie Dickey, Janna Dickey. Signed by Judge Joseph R. Goodwin on 10/7/2020. (cc: attys; any unrepresented party) (kew) [Transferred from wvsd on 10/29/2020.]
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| Filing 35 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A-E)(Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 33 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 10/29/2020.] |
| Filing 31 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Archie Dickey on 01/31/19 at 1:00 p.m. MST (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 30 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Marshburn on 02/21/19 at 1:00 p.m. MST (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Janna Dickey on 01/31/19 at 9:00 a.m. MST (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| NOTICE OF DOCKET CORRECTION re: #28 Notice of Issuance of Subpoena to Janna Dickey by Ethicon, Inc., Johnson & Johnson. ERROR: Form contained instructional page. CORRECTION: Page 3 removed and image replaced (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 28 NOTICE of Issuance of Subpoena to Janna Dickey by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) (Modified on 1/9/2019 to remove incorrect image) (mk). [Transferred from wvsd on 10/29/2020.] |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Janna Dickey on 01/22/19 at 9:00 a.m. MST (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 26 MOTION by Aimee H. Wagstaff to Withdraw as Attorney for Archie Dickey, Janna Dickey. (Attachments: #1 Exhibit A, #2 Proposed Order)(Wagstaff, Aimee) [Transferred from wvsd on 10/29/2020.] |
| Filing 25 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from wvsd on 10/29/2020.] |
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Filing 23
PRETRIAL ORDER # 320 (Docket Control Order - Ethicon, Inc. Wave 10 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 10 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all Ethicon Wave 10 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 10 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from wvsd on 10/29/2020.]
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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 wvsd on 10/29/2020.]
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Filing 21
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (kp) (ADI) [Transferred from wvsd on 10/29/2020.]
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Filing 20
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (mk) [Transferred from wvsd on 10/29/2020.]
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Filing 19
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (st) [Transferred from wvsd on 10/29/2020.]
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Filing 18
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (lca) [Transferred from wvsd on 10/29/2020.]
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Filing 17
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc., Johnson & Johnson and where named, Ethicon LLC have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 3893 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 5/19/2017. (cc: attys; any unrepresented party) (ts) (ADI) [Transferred from wvsd on 10/29/2020.]
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| Filing 16 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 10/29/2020.] |
| Filing 15 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 10/29/2020.] |
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Filing 14
ORDER granting #11 MOTION by Janna Dickey, Archie Dickey to Withdraw; and denying as moot #10 MOTION by Janna Dickey, Archie Dickey to Consolidate cases 2:13-cv-04463 and 2:14-cv-17988 or, in the Alternative, Motion to Dismiss (Without Prejudice). Signed by Judge Joseph R. Goodwin on 2/2/2015. (cc: attys; any unrepresented party) (ts) [Transferred from wvsd on 10/29/2020.]
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| Filing 13 STIPULATION RE: SUBSTITUTION OF COUNSEL by Archie Dickey, Janna Dickey (Dickey, Bryce) (Modified on 9/3/2014 to convert event to stipulation) (skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 12 STIPULATION RE: SUBSTITUTION OF COUNSEL by Janna Dickey, Archie Dickey. (Post, Christopher) (Modified on 8/25/2014 to convert event to stipulation and to add party filer) (skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 11 MOTION by Janna Dickey, Archie Dickey to Withdraw #10 MOTION by Janna Dickey, Archie Dickey to consolidate cases 2:13-cv-04463 and 2:14-cv-17988 or, in the Alternative, Motion to Dismiss (Without Prejudice) (Attachment: #1 Proposed Order)(Post, Christopher) (Modified on 8/20/2014 to add party filer)(skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 10 MOTION by Janna Dickey, Archie Dickey to consolidate cases 2:13-cv-04463 and 2:14-cv-17988 or, in the Alternative, Motion to Dismiss (Without Prejudice) (Attachment: #1 Proposed Order)(Post, Christopher) (Modified on 8/7/2014 to add party filer and to add motion to dismiss) (skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 9 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 10/29/2020.] |
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Filing 8
ORDER a review of cases in MDL 2327 indicates that the named plaintiffs have filed duplicate actions. The first case, Civil Action No. 2:13-cv-04463, was directly filed in this court and names Ethicon, Inc., Ethicon, LLC and Johnson & Johnson as defendants. The second case, Civil Action No. 2:14-cv-17988, was filed in the Superior Court of the State of Arizona in and for the County of Maricopa; and, on June 10, 2014, was transferred to this court by the United States Judicial Panel on Multidistrict Litigation. The second case names Johnson & Johnson, Inc., Ethicon, Inc., Ethicon, LLC, Ethicon, LTD, Banner Health, Paul W. Marshburn, M.D., Jane Doe a married couple, and John Does 1-20, fictitious individuals and/or entities. It is ORDERED that within ten days of entry of this order, the plaintiffs show cause why both actions should not be dismissed as an abuse of process. In the alternative, within ten days of entry of this order, plaintiffs may file the appropriate pleadings under Rule 41 to dispose of the duplicate filing. If plaintiffs fail to take action within ten days of entry of this order, both actions will be dismissed. Signed by Judge Joseph R. Goodwin on 7/29/2014. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 10/29/2020.]
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Filing 7
ORDER construing the #6 MOTION by Janna Dickey, Archie Dickey to Strike the Motion to Dismiss as a Motion to Withdraw and granting the Motion to Withdraw; denying the #5 MOTION by Janna Dickey, Archie Dickey to Dismiss as Withdrawn. Signed by Judge Joseph R. Goodwin on 7/29/2014. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 10/29/2020.]
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| Filing 6 MOTION by Janna Dickey, Archie Dickey to Strike #5 MOTION by Janna Dickey, Archie Dickey to Dismiss With Prejudice (Attachment: #1 Proposed Order)(Post, Christopher) (Modified on 7/22/2014 to convert event to a motion to strike, to add party filer and to add link to #5 motion to dismiss) (skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 5 MOTION by Janna Dickey, Archie Dickey to Dismiss With Prejudice (Attachment: #1 Proposed Order)(Post, Christopher) (Modified on 7/22/2014 to add party filer) (skh). [Transferred from wvsd on 10/29/2020.] |
| Filing 4 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 wvsd on 10/29/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 40 (Plaintiff Fact Sheet) entered on 03/06/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Plaintiff Fact Sheet) (jap) [Transferred from wvsd on 10/29/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (rea) [Transferred from wvsd on 10/29/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2264834. (Attachment: #1 Civil Cover Sheet) (rea) [Transferred from wvsd on 10/29/2020.] |
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