Louise Ann Berberian v. Ethicon Inc. et al
| Louise Ann Berberian |
| Ethicon Inc and Johnson and Johnson |
| 2:2024cv02608 |
| March 30, 2024 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Michael W Fitzgerald |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on April 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 70 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Travis B. Swearingen. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 69 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen Eric Rumanek. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 68 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Halli Dee Cohn. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 67 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney G. Brian Jackson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 66 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 65 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 64 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Pedro V. Castillo. (sh) |
| Filing 63 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:18-cv-02432, from Northern District of Georgia. The above-referenced case has been transferred to this district and assigned the above civil case number 2:24-cv-02608 MWF (PVCx). (sh) |
| Filing 62 ORIGINAL file, certified copy of transfer order and docket sheet received from Georgia Northern |
Filing 61
ORDER TRANSFERRING this case is transferred to the United States District Court for the Central District of California pursuant to 28 U.S.C. 1404( a). It is further ORDERED that, within twenty-one (21) days of this Order, the parties may file a designation of any non-Pretrial Order filings from MDL 2782 to be included in the record on remand. Thereafter, the Clerk of this Court is DIRECTED to transmit the following to the United States District Court for the Central District of California: (1) a copy of the docket sheet for this case; (2) all filings specific to this case; (3) the docket sheet for MDL 2782; and (4) any PTOs and other filings from the MDL which the parties designate. This Order shall not preclude the parties from asking the remand court to supplement its record with additional filings from this MDL. The parties may coordinate directly with Shane Gazaway in the Clerk's office as it relates to any questions pertaining to the record. Signed by Judge Richard W. Story on 03/28/2024. (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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| Clerk's Certificate of Mailing as to Louise Ann Berberian re #61 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 60 Defendants' Venue Recommendation filed by Ethicon, Inc., Johnson & Johnson re #59 Order. (Jackson, G.) Modified on 3/27/2024 to edit docket text (ddm). [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 59
ORDER finding that Plaintiff's informal email response is sufficient, and that the Court's Show Cause Order [Dkt. 58] is SATISFIED. It is further ORDERED, in keeping with the intent of the Order Regarding Venue Designations for Remand Cases, Defendant shall have 10 days to weigh in on the appropriate venue for the remand of Ms. Berberian's case. Signed by Judge Richard W. Story on 03/25/2024. (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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| Clerk's Certificate of Mailing as to Louise Ann Berberian re #59 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 58
ORDER GRANTING #57 Defendants' Motion for Order Directing Plaintiff to Show Cause. Plaintiff shall SHOW CAUSE, if she can, within 10 days of this Order, as to why her Short Form Complaint and all claims against Defendants should not be dismissed. Plaintiff is hereby placed on NOTICE that failure to respond or comply will result in the DISMISSAL of her civil action with prejudice. Signed by Judge Richard W. Story on 03/20/2024. (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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| Clerk's Certificate of Mailing as to Louise Ann Berberian re #58 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 57 MOTION for Order to Show Cause As To Why Plaintiff's Case Should Not Be Dismissed with Brief In Support by Ethicon, Inc., Johnson & Johnson. (Jackson, G.) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 56
ORDER regarding Venue Designations for Remand Cases. For purpose of identifying the appropriate venue for remand, counsel for Plaintiffs and Defendants shall, no later than February 29, 2024, meet and confer concerning the appropriate venue for remand of this case. Represented parties shall submit joint venue recommendations to the Court by March 8, 2024. If the choice of venue is in dispute for a case, then the joint submission shall note each party's choice and indicate that an agreement was not reached. For cases in which the choice of venue is in dispute, on March 15, 2024 each party shall file a brief of no more than five pages in support of their choice of venue. Each party reserves the right to object to the venue selected by its adversary or the Court. For Plaintiffs proceeding pro se as noted in the case list above, Plaintiff shall file with this Court by February 29, 2024, a statement indicating (1) whether the Plaintiff intends to proceed with his/her case and, if so, (2) his/her proposed choice of venue for remand. Defendants shall respond within seven days of each respective Plaintiffs submission and indicate whether they agree with the Plaintiffs venue selection and, if not, shall identify their choice of venue. The Court may then request briefing or a conference concerning any disagreement. Each party reserves the right to object to the venue selected by its adversary or the Court. Signed by Judge Richard W. Story on 02/13/2024. (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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| Clerk's Certificate of Mailing as to Louise Ann Berberian re #56 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
| Clerk's Certificate of Mailing as to Louise Ann Berberian re #55 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 55 PRACTICE AND PROCEDURE ORDER NO. 31 (Order Staying PPO 26 Deadlines and Requirements). It is HEREBY ORDERED that, for all cases subject to PPO 26 that were filed or transferred into this MDL on or before the date of this Order, the deadlines and requirements under PPO 26 are hereby stayed for a period of 90 days from the date of entry of this order. This Order shall not operate or be construed as a waiver of the parties' rights or obligations under PPO 26. Associated Cases: 1:17-md-02782-RWS et al. (Docketed in pending 2018 cases.)(rsg) [Transferred from Georgia Northern on 4/1/2024.] |
| Clerk's Certificate of Mailing as to Louise Ann Berberian re #54 Order. (ddm) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 54
ORDER denying the #52 Pro Se Motion to Change Venue. Signed by Judge Richard W. Story on 02/13/2023. (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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| Filing 53 RESPONSE in Opposition re #52 MOTION to Change Venue filed by Ethicon, Inc., Johnson & Johnson. (Jackson, G.) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 52 MOTION to Change Venue to Central District of California by Louise Ann Berberian. (rsg) [Transferred from Georgia Northern on 4/1/2024.] |
| Submission of #51 MOTION to Substitute Party, to District Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 51 MOTION for Substitution of Attorney to Pro Se Representation by Louise Ann Berberian. (sk) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 50
ORDER granting #49 Motion to Withdraw as Attorney. Attorney Donald A. Migliori and Jonathan D. Orent terminated. It is further ORDERED that Plaintiff shall have 60 days to respond in writing and to advise the Court as to her election to secure counsel or proceedwithout legal representation (pro se). Failure to comply with the Courts Order could subject Plaintiffs case to dismissal. Signed by Judge Richard W. Story on 1/05/2023. (rsg) [Transferred from Georgia Northern on 4/1/2024.]
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| Clerk's Certificate of Mailing as to Louise Ann Berberian re #50 Order on Motion to Withdraw as Attorney. (rsg) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 49 MOTION to Withdraw as Attorney by Louise Ann Berberian (Attachments: #1 SEALED Exhibit A, #2 SEALED Exhibit B)(Orent, Jonathan) Modified on 12/22/2022 to change event to a motion (bgt). Modified on 1/5/2023 (rsg). [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 48
ORDER granting #47 Motion for Leave to File Motion to Withdraw Under Seal, subject to compliance with the districts local rules. Signed by Judge Richard W. Story on 12/15/2022. (rsg) [Transferred from Georgia Northern on 4/1/2024.]
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| Filing 47 MOTION for Leave to File Under Seal Plaintiff's Motion to Withdraw as Counsel by Louise Ann Berberian. (Orent, Jonathan) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 46
ORDER GRANTING Plaintiffs' Petition for an Award and Allocation of Common Benefit Attorneys' Fees and Expenses 790 . The Court hereby ORDERS that the nine percent (9%) assessment set forth in the Court's previous Common Benefit Order shall be available for distribution as an award for common benefit expenses and attorney's fees and that the one percent (1%) assessment set forth in the Common Benefit Order shall be available for distribution for common benefit expenses. In addition, because the amount of expenses incurred for the common benefit exceed the 1% set-aside, and in order to avoid increasing the expense set-aside, the Court ORDERS that the 9% attorneys' fee award may be used to pay any excess expenses (expenses that are not covered by the 1% assessment). The court further ORDERS that all expenses and MDL assessments set forth in the Plaintiffs' Co-Lead Counsel's Petition for an Award and Allocation of Common Benefit Attorneys' Fees and Expenses and Memorandum in Support be dispersed to each firm in accordance with the petition. For fees that remain after the payment of expenses and assessments, the Court ORDERS that the common benefit funds be distributed to the common benefit firms in accordance with amounts and percentages set forth in the Petition. Signed by Judge Richard W. Story on 11/14/2022. Associated Cases: 1:17-md-02782-RWS et al. (docketed in 2017-2018 cases) (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 45
ORDER granting 791 Plaintiffs' Motion for Leave to File Petition and Memorandum of Law Under Seal. Signed by Judge Richard W. Story on 11/09/2022. Associated Cases: 1:17-md-02782-RWS et al. (docketed in 2017-2018 cases)(ddm) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 44
SECOND QUALIFIED PROTECTIVE ORDER. Signed by Judge Richard W. Story on 09/26/2022. Associated Cases: 1:17-md-02782-RWS et al. (docketed in 2017-2018 cases)(rsg) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 43
ORDER MODIFYING PRACTICE AND PROCEDURE ORDER No. 26: This Order applies to all Plaintiffs whose case is subject to the requirements of Practice and Procedure Order No. 26 entered May 13, 2021. (Doc. 743 in 1:17-md-02782-RWS). Except as modified herein, all requirements of PPO 26 remain in effect. For all cases subject to PPO 26 filed through the date of the entry of this Order, at the time of service of case-specific expert reports under Section II.D. of PPO 26, Plaintiffs shall also deliver a copy of the case-specific expert reports to Plaintiffs Co-Lead Counsel via electronic mail to MDL2782@bbga.com. For any expert report produced pursuant to PPO 26 prior to the entry of this Order Modifying Practice and Procedure Order 26, Plaintiffs shall have fourteen (14), days to deliver the previously served case-specific expert report to Plaintiffs Co-Lead Counsel via electronic mail to MDL2782@bbga.com. This Order shall not apply to new cases filed after the entry of this Order. Cases filed after the entry of this Order shall be subject to PPO 26 without any modification. Signed by Judge Richard W. Story on 09/26/2022. Associated Cases: 1:17-md-02782-RWS et al. (docketed in 2017-2018 cases) (rsg) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 42
QUALIFIED PROTECTIVE ORDER. Signed by Judge Richard W. Story on 06/22/2022. Associated Cases: 1:17-md-02782-RWS et al. (docketed in 2017-2018 cases) (ddm) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 41
ORDER granting 754 Plaintiffs' Unopposed Motion to Appoint Ellen K. Reisman as Special Master for Settlement. Signed by Judge Richard W. Story on 9/20/2021. (docketed in 2017-2018 cases) (Attachments: #1 Exhibit B to Order) Associated Cases: 1:17-md-02782-RWS et al.(ddm) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 40
PRETRIAL ORDER (Order Re: Qualified Settlement Fund) granting 752 Motion to Establish Qualified Settlement Fund and Issue Related Orders. Signed by Judge Richard W. Story on 9/20/2021. Associated Cases: 1:17-md-02782-RWS et al.(ddm) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 39
PRACTICE AND PROCEDURE ORDER NO.27 Amended Discovery, Scheduling, and Case Management Order - Trial Pool Cases: The trial of Danielle Guffey v. Ethicon, Inc., et al., Member Case No. 1:18-CV-0402-RWS, scheduled to commence June 7, 2021, is continued until further order of the Court. In addition, all deadlines in Trial Pool Cases are suspended until further order of the Court. Signed by Judge Richard W. Story on 5/18/2021. Associated Cases: 1:17-md-02782-RWS et al. - Spread to 2017 thru 2018 cases.(rjc) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 38
ORDER re ( 671 in 1:17-md-02782-RWS) denying Motion in Limine to Preclude Defendants from Offering Expert Opinion Testimony from Defendants' Employee Witnesses Who Will Not Testify Live at Trial. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al. Filed in document 723 (Spread to 2017 thru 2018 cases)(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 37
ORDER re 670 in 1:17-md-02782-RWS) denying MOTION in Limine To Prohibit Defendants From Offering Live Testimony From Employees Whose Depositions Are Presented At Trial, For An Adverse Inference Instruction, And That Defendants' Employees Who Testify Live Shall Be Available For Plaintiffs' Case-In-Chief. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al. Filed in document 722 (Spread to 2017 thru 2018 cases)(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 36
ORDER granting 682 Motion to Amend Expert Disclosure and Discovery Deadlines in the Unscheduled Trial Pool Cases. The first two trial cases the Court is limiting the opportunities for such modifications. However, for cases that have not been set for trial, other considerations must be taken into account. The Court wishes to conduct bellwether trials that provide meaningful direction to the parties. Plaintiffs may identify one new polypropylene degradation and mesh failure expert in the Franklin and Murray cases and may amend the expert report of Dr. Bruce Crookes in the Keup case. Defendants will be permitted to depose these witnesses and submit amended responsive reports from their experts. The parties are directed to confer in an effort to agree upon a schedule for addressing these issues that will not delay a potential January 2022 trial date should these cases be included in that trial. (See order for details) Signed by Judge Richard W. Story on 02/24/2021. Associated Cases: 1:17-md-02782-RWS et al. al. (Spread to 2017 thru 2018 cases)(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 35
ORDER denying 623 Motion to Strike Errata and 630 Defendant Ethicon's Motion to Exclude Testimony of Dr. Klosterhalfen; Granting in part and denying in part 627 Plaintiffs' Motion to Exclude Testimony of Dr. Villarraga. Plaintiffs' Motion is granted with respect to the exclusion of FDA evidence consistent with the Court's November 25, 2020 Order [Doc. 690/691] and denied as to the remaining challenges. Signed by Judge Richard W. Story on 12/04/2020. Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2017 and 2018 cases)(rvb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 34
ORDER GRANTING Plaintiffs' 624 Motion to Exclude Timothy Ulatwoski and 625 Motion to Exclude Reynaldo Librojo. Ethicon is hereby PRECLUDED from calling them as expert witnesses. Plaintiff's 626 Motion to Exclude Ethicon's Surgeon Experts (Dr. William Cobb, Dr. Jarrod Kaufman, Dr. Karl LeBlanc, Dr. Bruce Ramshaw, Dr. Guy Voeller) is DENIED. Defendant Ethicon's 631 Motion to Exclude Dr. Sean Orenstein and 632 Motion to Exclude Dr. Eric Pauli are DENIED. Signed by Judge Richard W. Story on 11/25/2020. (originally docketed at 693 in 1:17-md-2782-RWS)Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2017 and 2018 cases)(rvb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 33
ORDER (re 651 in 1:17-md-02782-RWS): Defendants' (651) Motion for Reconsideration is DENIED concerning Crumbly, the first trial, and DENIED without prejudice for purposes of the Unscheduled Trial Cases and future MDL proceedings. (Spread to 2017 and 2018 cases) Signed by Judge Richard W. Story on 11/25/2020. Associated Cases: 1:17-md-02782-RWS et al.(rvb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 32
ORDER granting in 1:17-md-02782-RWS (605) Motion in Limine To Exclude Evidence Relating to the United States Food and Drug Administration ("FDA") or Its Processes in case 1:17-md-02782-RWS. Signed by Judge Richard W. Story on 11/25/2020. (Spread to 2017 and 2018 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 31
ORDER re (627 in 1:17-md-02782-RWS) Plaintiffs' MOTION to Exclude Opinions and Testimony of Marta L. Villarraga, Ph.D. filed by Marvin Franklin, Connie Franklin. The Court wishes to have the benefit of Defendants' position before ruling. Because Defendants have not directly addressed Plaintiffs' objections to these opinions, Defendants are directed to file a sur-reply addressing these objections within fourteen (14) days of the entry of the Order. (see order for details) Signed by Judge Richard W. Story on 11/12/2020. (Spread to 2017 and 2018 cases)Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 30
PRACTICE AND PROCEDURE ORDER NO. 24 - Amended Discovery, Scheduling, and Case Management Order Governing Trial Cases: Final Pretrial Conference set for 1/14/2021 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story. Proposed Pretrial Order due by 11/16/2020. First Trial Case shall begin on January 25, 2021. See order for complete scheduling details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 663 - Spread to 2017 and 2018 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 29
PRACTICE AND PROCEDURE ORDER NO. 23 granting 642 Connie Franklin and Marvin Franklin's Motion for Order Regarding Cost Reimbursement and Related Common Benefit Issues. Agreed Order Regarding Cost Reimbursement and Related Common Benefit Issues. See order for details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 662 - Spread to 2017 and 2018 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 28
ORDER granting (589) Plaintiffs' Motion to Compel Deposition of Oliver Martini and Production of Documents in case 1:17-md-02782-RWS. The parties are directed to meet and confer concerning the details since Plaintiffs' original requested deposition date is no longer feasible. The parties shall decide upon a mutually agreed date for Mr. Martini to be deposed as well as a timeline in advance of the deposition date to provide Plaintiffs with the document production at least 21 days before the scheduled deposition. (See Order for details) Signed by Judge Richard W. Story on 8/11/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 27
PRACTICE AND PROCEDURE ORDER NO. 22 - (Amended Discovery, Scheduling, and Case Management Order - Trial Cases) Selection of Trial Cases: James Bovian 1:17-cv-04840; Jim B. and Diane Crumbley 1:18-cv-00748; Danielle Guffey 1:18-cv-00402; Jeffrey Smith 1:17-cv-05031. Dispositive or Daubert motions shall be filed in the First Trial Case by July 31, 2020. Responses shall be filed by August 28, 2020. Replies shall be filed by September 7, 2020. By August 14, 2020, each party shall serve designations of deposition testimony proposed in the First Trial Case to be introduced into evidence at trial. Motions in Limine: First Trial Case shall be filed by September 21, 2020. Response briefs shall be filed by October 5, 2020. For any motions in limine filed prior to the deadline above, the response brief shall be filed within 21 days and any reply brief shall be filed within 7 days. Plaintiffs' seeking exclusion of FDA evidence, Defendants' response brief is due on August 3, 2020 and Plaintiffs' reply will be due by August 10, 2010. Exhibit and Witness List: October 13, 2020. Joint Pretrial Order: October 15, 2020. Final Pretrial Conference: October 22, 2010 at 10:00 am. Trial of the First Trial Case shall begin on November 2, 2020. The trial is expected to last two (2) to (3) weeks. Second Trial Selection: Defendants shall select the second case to be tried from the Trial Cases by October 12, 2020. Dispositive or Daubert motions shall be filed in the Second Trial Case by December 1, 2020. Responses shall be filed by December 14, 2020. Replies shall be filed by January 1, 2021. Trial of the Second Trial Case shall begin on February 22, 2021. The trial is expected to last two (2) to three (3) weeks. The third trial setting shall be a consolidated trial. The court will set a time for the parties to be heard on the makeup of the consolidation. The trial will begin on May 10, 2021. The trial is expected to last three (3) to four (4) weeks. All remaining deadlines for the third trial setting will be established by subsequent Order of the Court. (See order for details) Signed by Judge Richard W. Story on 7/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 26
PRACTICE AND PROCEDURE ORDER NO. 21 - (Amended Discovery, Scheduling, and Case Management Order - Trial Cases). Selection of Trial Cases. James Bovian - 1:17-cv-04840; Jim B. and Diane Crumbley - 1:18-cv-00748; Danielle Guffey - 1: 18-cv-00402 and Jeffrey Smith-1: 17-cv-05031. Expert Discovery: July 15, 2020. Selection of first case by July 15, 2020. Dispositive or Daubert motions: July 31, 2020, Responses: August 28, 2020. Replies: September 7, 2020. Lexecon Waiver: July 31, 2020. Deposition Designations: August 14, 2020. Motions in Limine: September 21, 2020. Response briefs: October 5, 2020. Exhibit and Witness List: October 13, 2020. Joint Pretrial Order: October 15, 2020. Final Pretrial Conference: October 22, 2020 at 10:00 a.m. Trial of first case: November 2, 2020. (See order for details and following trials) Signed by Judge Richard W. Story on 5/19/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 25
GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/16/2020. Associated Cases: 1:17-md-02782-RWS et al.(rsg) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 24
ORDER TEMPORARILY SUSPENDING ACTIVITIES REQUIRING IN-PERSON INTERACTION. It is ORDERED that all depositions and activities requiring personal interaction are hereby SUSPENDED pending further order of the Court. Litigation activities that do not require in-person interaction should continue to the extent possible. The Court will conduct regular telephone status conferences with Lead Counsel to determine when it is safe and appropriate to lift this suspension and resume normal litigation activities. Signed by Judge Richard W. Story on 3/19/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 23
ORDER re: Parties reaching an agreement concerning the subpoena on Exponent, Inc. Plaintiffs requesting documents reflecting money paid to Exponent by various entities for Surgical Mesh-related work. Exponent will provide to Plaintiffs a summary of all payments received by Exponent since January 1, 2012 for work involving Surgical Mesh Devices and/or the materials used to construct Surgical Mesh Devices. By providing this summary, Exponent will satisfy its obligations under the subpoena. Signed by Judge Richard W. Story on 3/13/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) Modified on 3/16/2020 (bdb). [Transferred from Georgia Northern on 4/1/2024.]
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Filing 22
PRACTICE AND PROCEDURE ORDER NO. 20 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool). All expert discovery for the Trial Pool Cases shall be completed by June 1, 2020. By April 1, 2020, Plaintiffs shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial (excluding selection of plaintiffs). By April 8, 2020, Defendants may submit a response to Plaintiffs' memorandum regarding the proposed manner of trial (excluding selection of plaintiffs). On or before April 17, 2020, the Court shall determine the manner of trial (excluding selection of plaintiffs). By May 15, 2020, the Parties shall submit to the Court, outside of the ECF system, a memorandum nominating case(s) for trial. Responses to proposals shall be submitted by May 22, 2020. The Court will schedule trial(s) by May 29, 2020. Dispositive or Daubert motions shall be filed in each of the Trial Cases by June 25, 2020. Responses shall be filed by July 24, 2020. Replies shall be filed by August 3, 2020. The Court will set the first trial for October 13, 2020. The Court will schedule a pre-trial conference for purpose of trial at an appropriate time. Deadlines for filing motions in limine in the Trial Cases will be established at a later date. Signed by Judge Richard W. Story on 2/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 21
FILED IN ERROR-PRACTICE AND PROCEDURE ORDER NO. 20 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool). All expert discovery for the Trial Pool Cases shall be completed by June 1, 2020. By April 1, 2020, Plaintiffs shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial (excluding selection of plaintiffs). By April 8, 2020, Defendants may submit a response to Plaintiffs' memorandum regarding the proposed manner of trial (excluding selection of plaintiffs). On or before April 17, 2020, the Court shall determine the manner of trial (excluding selection of plaintiffs). By May 15, 2020, the Parties shall submit to the Court, outside of the ECF system, a memorandum nominating case(s) for trial. Responses to proposals shall be submitted by May 22, 2020. The Court will schedule trial(s) by May 29, 2020. Dispositive or Daubert motions shall be filed in each of the Trial Cases by June 25, 2020. Responses shall be filed by July 24, 2020. Replies shall be filed by August 3, 2020. The Court will set the first trial for October 13, 2020. The Court will schedule a pre-trial conference for purpose of trial at an appropriate time. Deadlines for filing motions in limine in the Trial Cases will be established at a later date. Signed by Judge Richard W. Story on 2/27/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) Modified on 3/2/2020, wrong pdf attached (bdb). [Transferred from Georgia Northern on 4/1/2024.]
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Filing 20
ORDER directing Status Conferences: Status Conference set for 3/24/2020 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story; WEDNESDAY, APRIL 22, 2020, at 10:00 a.m. and WEDNESDAY, MAY 20, 2020, at 2:00 p.m. The Court DIRECTS Defendants to identify all duplicate cases filed within MDL 2782 and move for the appropriate relief in an effort to clean up the docket. Signed by Judge Richard W. Story on 2/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 19
PRACTICE AND PROCEDURE ORDER NO. 19 - (Amended Proposed Discovery, Scheduling, and Case Management Order. Initial Discovery Pool). Expert Discovery for the Trial Pool Cases shall be completed by 2/28/2020. By February 24, 2020, each side shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial, order of selection of plaintiffs for trial, and timing of trial(s). By March 2, 2020, the parties may submit a response to the opposing party's memorandum regarding the proposed manner of trial and order of cases for trial, and timing of trial(s). Dispositive or Daubert motions shall be filed in each of the Trial Cases by April 3, 2020. Responses shall be filed by April 22, 2020. Replies shall be filed by April 30, 2020. The Court will set the first trial for July 20, 2020. (For details, see order) Signed by Judge Richard W. Story on 12/16/2019. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 18
PRACTICE AND PROCEDURE ORDER NO. 18 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool) (See order for details) Signed by Judge Richard W. Story on 9/23/2019. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 17
PRACTICE AND PROCEDURE ORDER NO. 17 - SUPPLEMENTAL DISCLOSURES - Plaintiffs shall serve completed Supplemental Disclosures as described in this Order by November 15, 2019. For cases filed or transferred after the date of this Order, Supplemental Disclosures shall be served within forty-five (45) days of the filing of the Complaint or the transfer of the case into this MDL. See order for all materials to be included in Supplemental Discovery. Other than as set forth within this order, no other extensions will be granted unless agreed to by all parties. If a Plaintiff fails to cure the deficiency within the Cure Period, Defendants may file a motion to show good cause why the case should not be subject to a sanctions order from the Court. This motion may be filed without leave of Court and without any need for further efforts to meet-and-confer. Plaintiffs shall thereafter have 10 days to file a Response to the Motion. Defendants may file a Reply brief within 7 days of Plaintiffs' Response. The Court DIRECTS the Clerk to file a copy of this Order in 1:17-MD-02782-RWS and it shall apply to each related case. Signed by Judge Richard W. Story on 9/16/2019. (See order for further details) Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 16
PRACTICE AND PROCEDURE ORDER NO. 16. (Amended Proposed Discovery, Scheduling, and Case Management Order Initial Discovery Pool). Daubert Motions due by January 10, 2020. Responses shall be filed by January 31, 2020. Replies shall be filed by February 14, 2020. Court will set first trial for April 20, 2020. Signed by Judge Richard W. Story on 6/20/2019. (See order for details) Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 15
REVISED ORDER Regarding Communications With Plaintiffs' Treating Physicians for Purposes of Retaining Expert Witnesses. Signed by Judge Richard W. Story on 3/8/2019. Associated Cases: 1:17-md-02782-RWS et al.(btql) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 14
PRACTICE AND PROCEDURE ORDER NO. 15 (Amended Proposed Discovery, Scheduling, and Case Management Order-Initial Discovery Pool). Signed by Judge Richard W. Story on 1/17/2019. Associated Cases: 1:17-md-02782-RWS et al.(btql) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 13
ORDER regarding the scheduling of the depositions of plaintiffs and physicians in the Initial Discovery Pool. See Order for further details. As a result of the foregoing and with consent of counsel for the parties, Practice and Procedure Order No. 13 [Doc. No. 392] is hereby amended so as to extend each of the pending deadlines stated therein by 60 days. Signed by Judge Richard W. Story on 12/18/2018. Associated Cases: 1:17-md-02782-RWS et al.(btql) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 12
ORDER regarding production of Ethicon PHYSIOMESH Flexible Composite Mesh exemplars. Signed by Judge Richard W. Story on 12/18/2018. Associated Cases: 1:17-md-02782-RWS et al.(btql) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 11
PRACTICE AND PROCEDURE ORDER NO. 14. STIPULATION and ORDER GOVERNING TRANSLATION OF FOREIGN LANGUAGE DOCUMENTS. (See Order for details) Signed by Judge Richard W. Story on 11/6/2018. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 10
PRACTICE AND PROCEDURE ORDER NO. 13. Amended Proposed Discovery, Scheduling, and Case Management Order -- Initial Discovery Pool. All expert discovery for the Trial Pool Cases shall be completed by August 15, 2019. By July 15, 2019, each side shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial, order of selection of plaintiffs for trial, and timing oftrial(s). By July 22, 2019, the parties may submit a response to the opposing party's memorandum regarding the proposed manner of trial and order of cases for trial, and timing of trial(s). On or before July 29, 2019, the Court shall determine the manner of trial, the order of selection of plaintiffs for trial, and timing of trial(s). Motions: Dispositive or Daubert motions shall be filed by in each of the Trial Cases by August 28, 2019. Responses shall be filed by September 16, 2019. Replies shall be filed by September 26, 2019. The Court will set the first trial for December 2, 2019. (For complete details, see order) Signed by Judge Richard W. Story on 10/9/2018. Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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Filing 9
ORDER: With Consent of counsel for the parties, Practice and Procedure Order No. 7 ( 297 in 1:17-md-02782-RWS Scheduling Order) is hereby amended so as to extend each of the pending deadlines stated therein by 75 days. Signed by Judge Richard W. Story on 09/11/18. Associated Cases: 1:17-md-02782-RWS et al.(sk) [Transferred from Georgia Northern on 4/1/2024.]
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| Filing 8 NOTICE of Appearance by S. Eric Rumanek on behalf of Ethicon, Inc., Johnson & Johnson (Rumanek, S.) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 7 NOTICE of Appearance by Halli Dee Cohn on behalf of Ethicon, Inc., Johnson & Johnson (Cohn, Halli) [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 6 NOTICE of Appearance by Travis B. Swearingen on behalf of Ethicon, Inc., Johnson & Johnson (Swearingen, Travis) [Transferred from Georgia Northern on 4/1/2024.] |
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Filing 5
PRACTICE AND PROCEDURE ORDER NO. 12 and Updated Plaintiff Profile Form Order. (See order for details.) Signed by Judge Richard W. Story on 06/04/18. (Attachments: #1 Updated Plaintiff Profile Form)Associated Cases: 1:17-md-02782-RWS et al.(aaq)[Transferred from Georgia Northern on 4/1/2024.]
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Filing 4
PRACTICE AND PROCEDURE ORDER NO. 11. PATHOLOGY PROTOCOL FOR PRESERVATION AND TESTING OF EXPLANTS AND TISSUE SAMPLES TAKEN FROM PLAINTIFFS. The Court DIRECTS the Clerk to file a copy of this Order in 1:17-MD-02782-RWS and it shall apply to each member related care previously transferred to, removed to, or filed in this Court. In cases subsequently filed in this Court, it shall be the responsibility of the parties to review and abide by all pretrial orders previously entered by the Court. The orders may be assessed through the CM/ECF system and the Court's website at http://www.gand.uscourts.gov/17md2782. Signed by Judge Richard W. Story on 5/29/2018. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Associated Cases: 1:17-md-02782-RWS et al.(bdb) [Transferred from Georgia Northern on 4/1/2024.]
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| Filing 3 Electronic Summons Issued as to Johnson & Johnson. (btql) Modified on 5/25/2018 to edit date filed(btql). [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 2 Electronic Summons Issued as to Ethicon, Inc. (btql) Modified on 5/25/2018 to edit date filed (btql). [Transferred from Georgia Northern on 4/1/2024.] |
| Filing 1 SHORT FORM COMPLAINT with Jury Demand filed by Louise Ann Berberian (Filing fee $400, receipt number 113E-7901220). DIRECT FILE MDL- Central California. (Attachments: #1 Civil Cover Sheet)(btql) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 4/1/2024.] |
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