Fuller et al v. Ethicon, Inc. et al
| James Fuller and Maribeth Fuller |
| Ethicon Inc and Johnson & Johnson |
| 4:2020cv00800 |
| July 1, 2020 |
| US District Court for the Eastern District of Arkansas |
| Billy Roy Wilson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 76 FINAL SCHEDULING ORDER: Jury Trial set for 1/19/2021 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. Discovery due by 10/21/2020. Daubert and Dispositive Motions due by 11/5/2020. Pretrial Disclosure Sheet due by 12/22/2020. Entered at the direction of the Court on 8/28/20. (mmb) |
| Filing 75 REPORT of Rule 26(f) Planning Meeting by Ethicon Inc, Johnson & Johnson. (Young, Kimberly) |
| Filing 74 AMENDED COMPLAINT Second Amended Complaint with Jury Demand against All Defendants, filed by Maribeth Fuller, James Fuller(Rottinghaus, Thomas) |
Filing 73
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #71 Defendants' Motion for More Definite Statement, because at this stage of the litigation Plaintiffs need to be specific as to each cause of action as it relates to their particular case. Accordingly, Plaintiffs must file an amended complaint (without adding any causes of action or parties) by 5 p.m., Monday, August 24, 2020. Defendants' answer or responsive pleading must be filed by 5 p.m., Monday, September 7, 2020. Signed by Judge Billy Roy Wilson on 08/10/20. (dmm)
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| Filing 72 BRIEF IN SUPPORT re #71 Motion for More Definite Statement filed by All Defendants. (Young, Kimberly) |
| Filing 71 MOTION for More Definite Statement by All Defendants (Attachments: #1 Exhibit MDL PTO No. 15, #2 Exhibit MDL Am Master Complaint, #3 Exhibit July 24, 2020 Emails)(Young, Kimberly) |
| Filing 70 AMENDED COMPLAINT Amended Short Form Complaint with Jury Demand against All Defendants, filed by Maribeth Fuller, James Fuller(Rottinghaus, Thomas) |
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Filing 69
ORDER granting in part and denying in part #29 Defendants' Motion for Partial Summary Judgment; and denying #34 Motion to Exclude the Testimony of Dr. Michael Thomas Margolis. Plaintiffs must forthwith clarify whether they are perusing this claim. If so, an amended complaint must be filed (at which time Plaintiffs should also removed all the claims dismissed as a result of this Order). If not, an email to opposing counsel and me is sufficient. Signed by Judge Billy Roy Wilson on 7/17/2020. (jbh)(Docket text modified on 7/17/2020 to correct the linkage) (jak)
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| NOTICE OF DOCKET CORRECTION re #69 ORDER. CORRECTION: The docket text was modified to correct the linkage to include #29 Motion for Partial Summary Judgment. (jak) |
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Filing 68
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #67 Plaintiffs' Motion to Withdraw Counsel. Accordingly, Mr. Thomas P. Cartmell and Mr. Jeffrey Kuntz are relieved as counsel. Signed by Judge Billy Roy Wilson on 07/16/20. (dmm)
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| Filing 67 MOTION to Withdraw as Attorney Thomas P. Cartmell and Jeffrey M. Kuntz by All Plaintiffs (Rottinghaus, Thomas) |
| Filing 66 NOTICE of Appearance by Thomas A. Rottinghaus on behalf of All Plaintiffs (Rottinghaus, Thomas) |
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Filing 65
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #57 #58 #59 #60 #61 #62 #63 #64 Defendants' Motions to Withdraw Counsel. Accordingly, Christy D. Jones; Christopher D. Morris; Susan M. Robinson; Paul Stokely Rosenblatt; Kari L. Sutherland; David B. Thomas; Kasey Mitchell Adams, and William M. Gage are relieved as counsel. Signed by Judge Billy Roy Wilson on 07/06/20. (dmm)
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| Filing 64 MOTION to Withdraw as Attorney Kari Sutherland by All Defendants (Young, Kimberly) |
| Filing 63 MOTION to Withdraw as Attorney David B. Thomas by All Defendants (Young, Kimberly) |
| Filing 62 MOTION to Withdraw as Attorney Christopher D. Morris by All Defendants (Young, Kimberly) |
| Filing 61 MOTION to Withdraw as Attorney Christy D. Jones by All Defendants (Young, Kimberly) |
| Filing 60 MOTION to Withdraw as Attorney Kasey Mitchell Adams by All Defendants (Young, Kimberly) |
| Filing 59 MOTION to Withdraw as Attorney Paul Stockely Rosenblatt by All Defendants (Young, Kimberly) |
| Filing 58 MOTION to Withdraw as Attorney Susan M. Robinson by All Defendants (Young, Kimberly) |
| Filing 57 MOTION to Withdraw as Attorney William M. Gage by All Defendants (Young, Kimberly) |
| Filing 56 INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 9/14/2020. Rule 26(f) Report due by 9/28/2020. Jury Trial set for 1/19/2021 at 9:30 AM in Little Rock Courtroom # A401 before Judge Billy Roy Wilson. Entered at the direction of the Court on 7/6/20. (mmb) |
| Filing 55 NOTICE of Appearance by Sean T. Keith on behalf of James Fuller, Maribeth Fuller (Keith, Sean) |
| Filing 54 NOTICE of Appearance by William M. Griffin, III on behalf of All Defendants (Griffin, William) |
| Filing 53 NOTICE of Appearance by Laura Hensley Smith on behalf of Ethicon Inc, Johnson & Johnson (Smith, Laura) |
| Filing 52 NOTICE of Appearance by Kimberly Dickerson Young on behalf of Ethicon Inc, Johnson & Johnson (Young, Kimberly) |
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Filing 51
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiffs are directed to respond to the two motions for summary judgment #29 #31 and motion to exclude testimony #34 by 5 p.m., Thursday, July 16, 2020.All lawyers who are not admitted to practice in the Eastern District of Arkansas must forthwith file for pro hac vice admission or enroll to practice in the Eastern District of Arkansas. Additionally, you must register for CM-ECF in the Eastern District of Arkansas. Failure to do these things by the deadline above will result in removal from the case. Signed by Judge Billy Roy Wilson on 07/02/20. (dmm) (Docket text modified on 7/2/2020 to correct a typographical error)(jak)
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| Filing 50 Case electronically transferred in from District of West Virginia Southern; Case Number 2:14-cv-17367. Electronic file copy of transfer order and docket sheet received. |
| Filing 49 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2041) - Pls' Mot to Exclude Michael Woods, #2 Exhibit MDL ECF (2043) - Pls' Mem in Support of Mot to Exclude Michael Woods, #3 Exhibit MDL ECF (2136) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #4 Exhibit MDL ECF (2234) - Pls' Reply in Support of Mot to Exclude Michael Woods, #5 Exhibit MDL ECF (2927) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #6 Exhibit MDL ECF (3051) - Pls' Reply in Support of Mot to Exclude Michael Woods, #7 Exhibit MDL ECF (7328) - Notice of Adoption of Pls' Mot to Exclude Michael Woods, #8 Exhibit MDL ECF (7376) - Notice of Adoption of Defs Resp to Pls Mot to Exclude Michael Woods)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 48 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 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 Timothy Ulatowski, #7 Exhibit MDL ECF (7461) - Notice of Adoption of Defs Resp to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7467) - Notice of Adoption of Pls' Reply of Timothy Ulatowski)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 47 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (7323) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (7399) - Notice of Adoption of Defs Resp to Pls Mot to Exclude Shelby Thames)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 46 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2417) - Pls' Mot to Exclude Robert Rogers, #2 Exhibit MDL ECF (2466) - Pls Mem in Support of Mot to Exclude Robert Rogers, #3 Exhibit MDL ECF (2488) - Defs' Resp to Pls' Mot to Exclude Robert Rogers, #4 Exhibit MDL ECF (7308) - Notice of Adoption of Pls' Mot to Exclude Robert Rogers, #5 Exhibit MDL ECF (7435) - Notice of Adoption of Defs Resp to Pls Mot to Exclude Robert Rogers)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (5484) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (7342) - Notice of Adoption of Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (7364) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 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 (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #25 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (1987) Part 1 - Defs' Mot to Exclude Duane Priddy, #2 Exhibit MDL ECF (1987) Part 2 - Defs' Mot to Exclude Duane Priddy, #3 Exhibit MDL ECF (1987) Part 3 - Defs' Mot to Exclude Duane Priddy, #4 Exhibit MDL ECF (1987) Part 4 - Defs' Mot to Exclude Duane Priddy, #5 Exhibit MDL ECF (1989) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #6 Exhibit MDL ECF (2101) - Defs' Mot to Subsitute Amended Exhibit A to Mot to Exclude Duane B. Priddy, #7 Exhibit MDL ECF (2168) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #8 Exhibit MDL ECF (2207) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #9 Exhibit MDL ECF (3652) Part 1 - Defs Mot to Exclude Duane Priddy, #10 Exhibit MDL ECF (3652) Part 2 - Defs Mot to Exclude Duane Priddy, #11 Exhibit MDL ECF (3652) Part 3 - Defs Mot to Exclude Duane Priddy, #12 Exhibit MDL ECF (3652) Part 4 - Defs Mot to Exclude Duane Priddy, #13 Exhibit MDL ECF (3652) Part 5 - Defs Mot to Exclude Duane Priddy, #14 Exhibit MDL ECF (3656) - Defs Mem in Support of Mot to Exclude Duane Priddy, #15 Exhibit MDL ECF (3753) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #16 Exhibit MDL ECF (3854) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #17 Exhibit MDL ECF (7341) - Notice of Adoption of Defs' Mot to Exclude Duane Priddy, #18 Exhibit MDL ECF (7363) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Duane Priddy, #19 Exhibit MDL ECF (7451) - Notice of Adoption of Defs' Reply Regarding Duane Priddy)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 5 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 6 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (7334) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (7356) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (7446) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Defs' Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #23 Exhibit MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #24 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #25 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #26 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #39 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2181) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2811) - Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (3029) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (5339) Part 1 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (5339) Part 2 - Defs' Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (5340) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (5491) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (7340) - Notice of Adoption of Defs Mot to Exclude Daniel Elliott, M.D, #17 Exhibit MDL ECF (7354) - Notice of Adoption of Pls Resp to Defs Mot to Exclude Daniel Elliott)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 39 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) [Transferred from wvsd on 7/1/2020.] |
| Filing 38 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 MDL ECF(2666) Memorandum Opinion Order re Daubert Motion for Daniel Elliott, M.D., #2 MDL ECF (4152) Order Adopting Memorandum Opinion and Order re Daubert for Daniel Elliott, M.D, #3 MDL ECF(2642) Memorandum Opinion Order re Daubert Motion for Prf. Dr. Med. Uwe Klinge, #4 MDL ECF(2657) Memorandum Opinion Order re Daubert Motion for Duane Priddy, M.D., #5 MDL ECF(2668) Memorandum Opinion Order re Daubert Motion for Bruce Rosenzweig, M.D., #6 MDL ECF(3545) Memorandum Opinion Order re Daubert Motion for Dr. Robert M. Rogers, M.D., #7 MDL ECF(2723) Memorandum Opinion Order re Daubert Motion for Shelby Thames, Ph.D., #8 MDL ECF (4201) Order Adopting Memorandum Opinion and Order re Daubert for Shelby Thames, Ph.D., #9 MDL ECF(2649) Memorandum Opinion Order re Daubert Motion for Timothy Ulatowski, M.D., #10 MDL ECF(2713) Memorandum Opinion Order re Daubert Motion for Michael P. Woods, M.D.)(Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
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Filing 37
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that the Order and Suggestion of Remand in MDL 2327 at ECF No. 9144 is VACATED; on 07/01/2020 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 6/30/2020 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 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 7/1/2020.]
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Filing 36
VACATED PURSUANT TO THE #37 TRANSFER ORDER ENTERED ON 6/17/2020: ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/24/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw) (Modified on 6/18/2020 to note order has been vacated) (kew). [Transferred from wvsd on 7/1/2020.]
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| Filing 35 MEMORANDUM by James Fuller, Maribeth Fuller in opposition to #34 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions and Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A)(Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 34 MOTION AND MEMORANDUM OF LAW IN SUPPORT by Ethicon, Inc., Johnson & Johnson to Exclude Certain Opinions and Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 33 MEMORANDUM by James Fuller, Maribeth Fuller in opposition to #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment and #31 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cartmell, Thomas) [Transferred from wvsd on 7/1/2020.] |
| Filing 32 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #31 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 31 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 30 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
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Filing 28
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 7/1/2020.]
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| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family Members on dates and at times to be determined. (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 26 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Edwin A Diaz on 10/25/2018 at 9:00 a.m. (Adams, Kasey) [Transferred from wvsd on 7/1/2020.] |
| Filing 25 NOTICE of Subpoena to Testify at a Deposition by Ethicon, Inc., Johnson & Johnson (Adams, Kasey) [Transferred from wvsd on 7/1/2020.] |
| Filing 24 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Edward A. Diaz on 10/25/2018 at 9:00 a.m. (Adams, Kasey) [Transferred from wvsd on 7/1/2020.] |
| Filing 23 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 7/1/2020.] |
| Filing 22 RESPONSE AND OBJECTIONS to #19 Notice of Video Deposition by James Fuller (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 21 RESPONSE AND OBJECTIONS to #17 Notice of Video Deposition by Maribeth Fuller (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 20 CERTIFICATE OF SERVICE by Ethicon Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) (Modified on 9/17/2018 to remove party filer)(rmc) [Transferred from wvsd on 7/1/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of James Fuller on 9/20/2018 at 1:00 p.m. (Adams, Kasey) [Transferred from wvsd on 7/1/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Maribeth Fuller for Responses to Defendants' First Set Interrogatories, Request for Production of Documents, and First Set of Requests for Admission. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Maribeth Fuller on 9/20/2018 at 9:00 a.m. (Adams, Kasey) [Transferred from wvsd on 7/1/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Maribeth Fuller for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 15 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 7/1/2020.] |
| Filing 14 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 7/1/2020.] |
| Filing 13 NON-REVISION ELECTION FORM: Continuing with the presently pending case without any waiver pursuant to the Pretrial Order; filed by James Fuller, Maribeth Fuller. (Cartmell, Thomas) [Transferred from wvsd on 7/1/2020.] |
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Filing 12
PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (mek) (ADI) [Transferred from wvsd on 7/1/2020.]
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Filing 11
PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (mk) [Transferred from wvsd on 7/1/2020.]
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| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Edwin A. Diaz on 3/5/18 at 9:00 a.m. (Thomas, David) [Transferred from wvsd on 7/1/2020.] |
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Filing 10
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) (mek) (ADI) [Transferred from wvsd on 7/1/2020.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Maribeth Fuller. (Cartmell, Thomas) [Transferred from wvsd on 7/1/2020.] |
| Filing 7 AMENDED SHORT FORM COMPLAINT filed by Maribeth Fuller, James Fuller against Ethicon, Inc., Johnson & Johnson. (Kuntz, Jeffrey) (Modified on 1/27/2015 to add party filer) (skh). [Transferred from wvsd on 7/1/2020.] |
| Filing 6 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 7/1/2020.] |
| 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 7/1/2020.] |
| 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 7/1/2020.] |
| 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 7/1/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 119 (Hearing on Motion for Order Requiring Preservation of Explanted Mesh) entered on 05/29/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from wvsd on 7/1/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3242259. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from wvsd on 7/1/2020.] |
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