Caldera et al v. Ethicon, Inc. et al
Plaintiff: Rosa Caldera and Luis Fernando Luna
Defendant: Ethicon, Inc., Johnson & Johnson and Ethicon, LLC
Case Number: 1:2020cv00081
Filed: January 10, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Raymond P Moore
Referring Judge: Scott T Varholak
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2020 Filing 66 NOTICE of Entry of Appearance by Lee Barry Balefsky on behalf of Rosa Caldera, Luis Fernando LunaAttorney Lee Barry Balefsky added to party Rosa Caldera(pty:pla), Attorney Lee Barry Balefsky added to party Luis Fernando Luna(pty:pla) (Balefsky, Lee)
February 28, 2020 Filing 65 STATUS REPORT (SUPPLEMENTAL) by Plaintiffs Rosa Caldera, Luis Fernando Luna. (Robertson, Elia)
February 13, 2020 Filing 64 Wave 7 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) re: #34 -9 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 63 Wave 3 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) re: #34 -9 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 62 Wave 1 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Bruce Rosenzweig, M.D.) re: #34 -9 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 61 Wave 3 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Peggy Pence, Ph. D.) re: #34 -7 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 60 Wave 1 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Peggy Pence, Ph.D.) re: #34 -7 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 59 Wave 3 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Prof. Dr. Med. Uwe Klinge) re: #34 -4 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct text on 2/13/2020 (rvill, ).
February 13, 2020 Filing 58 Wave 1 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) re: #34 -4 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 57 Wave 4 Order Adopting MEMORANDUM OPINION AND ORDER (Daubert ruling re: Vladimir Iakovlev, Ph.D.) re: #34 -12 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Filing 56 Wave 1 MEMORANDUM OPINION AND ORDER (Daubert Motion re: Vladimir Iakovlev, M.D.) re: #34 -12 on 02/13/2020. Adopted pursuant to #55 Order. (rvill, ) Modified to correct entry on 2/18/2020 (rvill, ).
February 13, 2020 Opinion or Order Filing 55 ORDER. This matter is before the Court on the parties' Joint Status Report (Joint Report) (ECF No. #54 ) filed after this case was transferred from the Ethicon MDL. Counts II, III, IV, VI, VII, VIII, IX, XI, XII, XIII, XIV, and XV are hereby DISMISSED; and that the remaining six (6) counts in this case are Counts I, V, X, XVI, XVII, and XVIII. Defendants' Motion for Partial Summary Judgment (ECF No. #23 ) is DENIED AS MOOT. The MDL Orders entered at ECF No.s 56-64 are ADOPTED. On or before February 28, 2020, Plaintiffs shall file a status report identifying their pending Wave 8 Daubert motions (along with any response and reply), identifying the filings in prior Waves which the Wave 8 motions adopt or incorporate, and identifying all relevant MDL Orders which relate to the pending Daubert motions. By Judge Raymond P. Moore on 02/13/2020. (rvill, ) Modified to correct text on 2/18/2020 (rvill, ).
February 5, 2020 Filing 54 Joint STATUS REPORT by Defendants Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Pre-Trial Order #280, #2 Pre-Trial Order #270)(O'Brien, Sarah)
January 22, 2020 Opinion or Order Filing 53 AMENDED ORDER. The Court orders the parties to file a joint status report by February 5, 2020. The report shall identify all pending motions which require a ruling, advise whether a final pretrial order has been entered, and advise whether this case is ready to be set for trial. By Judge Raymond P. Moore on 01/22/2020. (rvill, )
January 22, 2020 Opinion or Order Filing 52 ORDER. The Court orders the parties to file a joint status report by February 5, 2010. The report shall identify all pending motions which require a ruling, advise whether a final pretrial order has been entered, and advise whether this case is ready to be set for trial. By Judge Raymond P. Moore on 01/22/2020. (rvill, )
January 22, 2020 Opinion or Order Filing 51 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 1/22/2020. (Text Only Entry) (rmsec )
January 22, 2020 Opinion or Order Filing 50 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 1/22/2020. (Text Only Entry) (rmsec )
January 22, 2020 Filing 49 CASE REASSIGNED Pursuant to #48 Memorandum. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 20-cv-00081 RM. (Text Only Entry) (evana, )
January 22, 2020 Filing 48 MEMORANDUM RETURNING CASE for reassignment by Senior Judge Robert E, Blackburn (evana, )
January 21, 2020 Opinion or Order Filing 47 MINUTE ORDER. In light of 46 Case Reassigned, the Status Conference set for 1/22/2020 10:00 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/21/2020. Text Only Entry (stvlc2, )
January 21, 2020 Filing 46 CASE REASSIGNED pursuant to #45 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 20-cv-00081-REB. (Text Only Entry) (jgonz, )
January 17, 2020 Filing 45 CONSENT to Jurisdiction of Magistrate Judge by Defendants Ethicon, Inc., Johnson & Johnson All parties do not consent.. (O'Brien, Sarah)
January 13, 2020 Filing 44 NOTICE of Entry of Appearance by Elia A. Robertson on behalf of Rosa Caldera, Luis Fernando LunaAttorney Elia A. Robertson added to party Rosa Caldera(pty:pla), Attorney Elia A. Robertson added to party Luis Fernando Luna(pty:pla) (Robertson, Elia)
January 10, 2020 Filing 43 NOTICE of Entry of Appearance by Sarah Smyth O'Brien on behalf of Ethicon, Inc., Johnson & JohnsonAttorney Sarah Smyth O'Brien added to party Ethicon, Inc.(pty:dft), Attorney Sarah Smyth O'Brien added to party Johnson & Johnson(pty:dft) (O'Brien, Sarah)
January 10, 2020 Filing 42 NOTICE of Entry of Appearance by David Gregory Mayhan on behalf of Ethicon, Inc., Johnson & JohnsonAttorney David Gregory Mayhan added to party Ethicon, Inc.(pty:dft), Attorney David Gregory Mayhan added to party Johnson & Johnson(pty:dft) (Mayhan, David)
January 10, 2020 Opinion or Order Filing 41 MINUTE ORDER. Due to a conflict on the Court's calendar, the Court VACATES and RESETS the deadlines from the 40 Minute Order. The parties shall file the Election Concerning Consent/Non-Consent to Magistrate Judge Jurisdiction on or before 1/17/2020. The Status Conference set for 2/11/2020 01:30 PM is VACATED and RESET for 1/22/2020 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/10/2020. Text Only Entry (stvlc2, )
January 10, 2020 Opinion or Order Filing 40 MINUTE ORDER. The parties shall file the Election Concerning Consent/Non-Consent to Magistrate Judge Jurisdiction on or before 1/28/2020. A Status Conference is set for 2/11/2020 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/10/2020. Text Only Entry (stvlc2, )
January 10, 2020 Filing 39 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, )
January 10, 2020 Filing 38 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, )
January 10, 2020 Filing 37 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (cmadr, )
January 10, 2020 Filing 36 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-10649. File, transfer order and docket sheet received.
December 30, 2019 Filing 35 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 CONTINUED, ECF #7038 - Notice of Adoption, #2 Exhibit ECF #31 CONTINUED, ECF #7045 - Plfs Opposition of Defs Motion to Exclude, #3 Exhibit ECF #31 CONTINUED, ECF #7085 - Amended Adoption of Opposition to Motion to Exclude, #4 Exhibit ECF #31 CONTINUED, ECF #7094 - Notice of Adoption, #5 Exhibit ECF #31 CONTINUED, ECF #7099 - Notice of Adoption, #6 Exhibit ECF #31 CONTINUED, ECF #7113 - Notice of Adoption, #7 Exhibit ECF #31 CONTINUED, ECF #7123 - Notice of Adoption, #8 Exhibit ECF #31 CONTINUED, ECF #7143 - Notice of Adoption, #9 Exhibit ECF #31 CONTINUED, ECF #7177 - Notice of Adoption, #10 Exhibit ECF #31 CONTINUED, ECF #7183 - Reply in Further Support of Motion to Exclude)(Gage, William) (Modified on 12/31/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 1/10/2020.]
December 30, 2019 Filing 34 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 CONTINUED, ECF #5333 - Memo in Support of Motion to Exclude, #2 Exhibit ECF #31 CONTINUED, ECF #5482 - Response Memo in Opposition to Motion to Exclude, #3 Exhibit ECF #31 CONTINUED, ECF #5548 - Reply in Support of Motion to Exclude, #4 Exhibit ECF #31 CONTINUED, ECF #6648 - Notice of Adoption, #5 Exhibit ECF #31 CONTINUED, ECF #6799 - Amended Notice of Adoption, #6 Exhibit ECF #31 CONTINUED, ECF #6820 - Notice of Adoption, #7 Exhibit ECF #31 CONTINUED, ECF #6821 - Notice of Adoption, #8 Exhibit ECF #31 CONTINUED, ECF #6833 - Amended Notice of Adoption, #9 Exhibit ECF #31 CONTINUED, ECF #6852 - Notice of Adoption, #10 Exhibit ECF #31 CONTINUED, ECF #6857 - Notice of Adoption, #11 Exhibit ECF #31 CONTINUED, ECF #6860 - Notice of Adoption, #12 Exhibit ECF #31 CONTINUED, ECF #6874 Part 1 - Motion to Exclude, #13 Exhibit ECF #31 CONTINUED, ECF #6874 Part 2 - Motion to Exclude, #14 Exhibit ECF #31 CONTINUED, ECF #6874 Part 3 - Motion to Exclude, #15 Exhibit ECF #31 CONTINUED, ECF #6875 - Memo in Support of Motion to Exclude, #16 Exhibit ECF #31 CONTINUED, ECF #6882 - Motion to Exclude, #17 Exhibit ECF #31 CONTINUED, ECF #6885 - Memo in Support of Motion to Exclude, #18 Exhibit ECF #31 CONTINUED, ECF #6926 - Notice of Adoption, #19 Exhibit ECF #31 CONTINUED, ECF #6958 - Notice of Adoption, #20 Exhibit ECF #31 CONTINUED, ECF #6960 - Notice of Adoption, #21 ECF #31 CONTINUED, ECF #6965 - Notice of Adoption, #22 ECF #31 CONTINUED, ECF #6969 - Notice of Adoption, #23 ECF #31 CONTINUED, ECF #6972 - Notice of Adoption, #24 ECF #31 CONTINUED, ECF #6987 - Notice of Adoption, #25 ECF #31 CONTINUED, ECF #7029 - Response to Motion to Exclude)(Gage, William) (Modified on 12/31/2019 to add party filers) [Transferred from West Virginia Southern on 1/10/2020.]
December 30, 2019 Filing 33 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 CONTINUED, ECF #2910 - Notice of Response, #2 Exhibit ECF #31 CONTINUED, ECF #2913 - Response by Defs in Opposition, #3 Exhibit ECF #31 CONTINUED, ECF #2931 - Memo by Plfs in Opposition, #4 Exhibit ECF #31 CONTINUED, ECF #2949 - Memo by Plfs in Opposition, #5 Exhibit ECF #31 CONTINUED, ECF #2957 - Response in Opposition, #6 Exhibit ECF #31 CONTINUED, ECF #3017 - Reply by Ethicon in Support of Motion to Exclude, #7 Exhibit ECF #31 CONTINUED, ECF #3024 - Reply by Ethicon in Support of Motion, #8 Exhibit ECF #31 CONTINUED, ECF #3037 - Reply by Plfs in Support of Motion to Exclude, #9 Exhibit ECF #31 CONTINUED, ECF #3048 - Reply Memo by Plfs in Support of Motion to Exclude, #10 Exhibit ECF #31 CONTINUED, ECF #3619 Part 1 - Motion to Exclude, #11 Exhibit ECF #31 CONTINUED, ECF #3619 Part 2 - Motion to Exclude, #12 Exhibit ECF #31 CONTINUED, ECF #3621 - Memo of Law in Support of Motion to Exclude, #13 Exhibit ECF #31 CONTINUED, ECF #3626 Part 1 - Motion to Limit, #14 Exhibit ECF #31 CONTINUED, ECF #3626 Part 2 - Motion to Limit, #15 Exhibit ECF #31 CONTINUED, ECF #3630 - Memo in Support of Motion to Limit, #16 Exhibit ECF #31 CONTINUED, ECF #3767 Part 1 - Response in Opposition to Motion to Exclude, #17 Exhibit ECF #31 CONTINUED, ECF #3767 Part 2 - Response in Opposition to Motion to Exclude, #18 Exhibit ECF #31 CONTINUED, ECF #3767 Part 3 - Response in Opposition to Motion to Exclude, #19 Exhibit ECF #31 CONTINUED, ECF #3767 Part 4 - Response in Opposition to Motion to Exclude, #20 Exhibit ECF #31 CONTINUED, ECF #3790 Part 1 - Response in Opposition to Motion to Exclude, #21 Exhibit ECF #31 CONTINUED, ECF #3790 Part 2 - Response in Opposition to Motion to Exclude, #22 Exhibit ECF #31 CONTINUED, ECF #3790 Part 3 - Response in Opposition to Motion to Exclude, #23 Exhibit ECF #31 CONTINUED, ECF #3855 - Reply in Support of Motion to Limit, #24 Exhibit ECF #31 CONTINUED, ECF #3865 - Reply in Support of Motion to Exclude, #25 Exhibit ECF #31 CONTINUED, ECF #5332 - Motion to Exclude)(Gage, William) (Modified on 12/31/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 1/10/2020.]
December 30, 2019 Filing 32 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 CONTINUED, ECF #2098 - Memo in Support of Motion to Exclude, #2 Exhibit ECF #31 CONTINUED, ECF #2134 - Response in Opposition to Motion to Exclude, #3 Exhibit ECF #31 CONTINUED, ECF #2140 - Response in Opposition of Motion to Exclude, #4 Exhibit ECF #31 CONTINUED, ECF #2187 - Response in Opposition to Exclude, #5 Exhibit ECF #31 CONTINUED, ECF #2232 - Plfs Reply Brief in Support, #6 Exhibit ECF #31 CONTINUED, ECF #2247 - Reply in Support of Plfs Motion to Exclude, #7 Exhibit ECF #31 CONTINUED, ECF #2253 - Reply by Plfs in Support of Motion to Exclude, #8 Exhibit ECF #31 CONTINUED, ECF #2280 - Reply Memo in Support of Plfs Motion to Exclude, #9 Exhibit ECF #31 CONTINUED, ECF #2455 Part 1 - Motion by Plfs to Exclude, #10 Exhibit ECF #31 CONTINUED, ECF #2455 Part 2 - Motion by Plfs to Exclude, #11 Exhibit ECF #31 CONTINUED, ECF #2458 - Memo in Support of Motion to Exclude, #12 Exhibit ECF #31 CONTINUED, ECF #2553 Part 1 - Response in Opposition to Plfs Motion to Exclude, #13 Exhibit ECF #31 CONTINUED, ECF #2553 Part 2 - Response in Opposition to Plfs Motion to Exclude, #14 Exhibit ECF #31 CONTINUED, ECF #2553 Part 3 - Response in Opposition to Plfs Motion to Exclude, #15 Exhibit ECF #31 CONTINUED, ECF #2621 - Reply in Support of Motion to Exclude, #16 Exhibit ECF #31 CONTINUED, ECF #2759 - Defendants Motion to Exclude, #17 Exhibit ECF #31 CONTINUED, ECF #2760 - Memo in Support of Exclude, #18 Exhibit ECF #31 CONTINUED, ECF #2817 - Defs Motion to Exclude, #19 Exhibit ECF #31 CONTINUED, ECF #2818 - Memo in Support of Motion to Exclude, #20 Exhibit ECF #31 CONTINUED, ECF #2839 Part 1 - Motion by Plfs to Exclude, #21 Exhibit ECF #31 CONTINUED, ECF #2839 Part 2 - Motion by Plfs to Exclude, #22 Exhibit ECF #31 CONTINUED, ECF #2841 - Memo in Support of Motion to Exclude, #23 Exhibit ECF #31 CONTINUED, ECF #2854 - Motion to Exclude, #24 Exhibit ECF #31 CONTINUED, ECF #2855 - Memo in Support of Motion to Exclude)(Gage, William) (Modified on 12/31/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 1/10/2020.]
December 30, 2019 Filing 31 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Complaint, #2 Exhibit ECF #239 - Master Answer and Jury Demand, #3 Exhibit ECF #240 - Master Answer and Jury Demand, #4 Exhibit ECF #241 - Master Answer and Jury Demand, #5 Exhibit ECF #262 - Short Form Complaint, #6 Exhibit ECF #263 - Amended Short Form Complaint, #7 Exhibit ECF #2039 - Plfs Motion to Exclude, #8 Exhibit ECF #2042 - Memo in Support of Motion to Exclude, #9 Exhibit ECF #2047 Part 1 - Motion to Exclude, #10 Exhibit ECF #2047 Part 2 - Motion to Exclude, #11 Exhibit ECF #2047 Part 3 - Motion to Exclude, #12 Exhibit ECF #2047 Part 4 - Motion to Exclude, #13 Exhibit ECF #2047 Part 5 - Motion to Exclude, #14 Exhibit ECF #2047 Part 6 - Motion to Exclude, #15 Exhibit ECF #2047 Part 7 - Motion to Exclude, #16 Exhibit ECF #2047 Part 8 - Motion to Exclude, #17 Exhibit ECF #2047 Part 9 - Motion to Exclude, #18 Exhibit ECF #2047 Part 10 - Motion to Exclude, #19 Exhibit ECF #2047 Part 11 - Motion to Exclude, #20 Exhibit ECF #2047 Part 12 - Motion to Exclude, #21 Exhibit ECF #2047 Part 13 - Motion to Exclude, #22 Exhibit ECF #2047 Part 14 - Motion to Exclude, #23 Exhibit ECF #2060 - Motion by Plfs to Exclude Opinions, #24 Exhibit ECF #2065 - Memo in Support of Motion to Exclude, #25 Exhibit ECF #2076 - Motion by Plfs to Exclude)(Gage, William) (Modified on 12/31/2019 to add party filers)(mk). [Transferred from West Virginia Southern on 1/10/2020.]
December 19, 2019 Opinion or Order Filing 30 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/10/2020.]
April 24, 2019 Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
April 23, 2019 Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Rosa Caldera, Luis Fernando Luna (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.]
April 10, 2019 Opinion or Order Filing 27 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
March 26, 2019 Opinion or Order Filing 26 ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
October 26, 2018 Filing 25 OPPOSITION by Rosa Caldera, Luis Fernando Luna to #23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.]
October 17, 2018 Filing 24 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
October 17, 2018 Filing 23 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
October 3, 2018 Filing 22 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Rose Caldera, Luis Fernando Luna (Stubbs, Ashley) (Modified on 10/4/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 1/10/2020.]
August 15, 2018 Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
July 23, 2018 Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David J. Duke on behalf of Ethicon, Inc., Johnson & Johnson. (Duke, David) [Transferred from West Virginia Southern on 1/10/2020.]
July 21, 2018 Filing 19 NOTICE of Issuing Subpoena to Dr. Robert Hammer by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #18 Amended Notice of Video Deposition. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/10/2020.]
July 21, 2018 Filing 18 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Robert Hammer on 7/25/2018 at 9:30 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/10/2020.]
June 26, 2018 Filing 17 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #16 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 1/10/2020.]
June 21, 2018 Filing 16 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Rosa Caldera, Luis Fernando Luna pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 1/10/2020.]
June 13, 2018 Opinion or Order Filing 15 PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
May 18, 2018 Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/10/2020.]
May 14, 2018 Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Rosa Caldera on 6/8/2018 at 9:00 a.m. EST (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/10/2020.]
March 30, 2018 Filing 12 NOTICE OF APPEARANCE by Jordan N. Walker on behalf of Ethicon, Inc., Johnson & Johnson. (Walker, Jordan) [Transferred from West Virginia Southern on 1/10/2020.]
March 19, 2018 Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 1/10/2020.]
January 31, 2018 Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert Hammer on 4/10/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
January 30, 2018 Opinion or Order 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) (kp) (ADI) [Transferred from West Virginia Southern on 1/10/2020.]
June 7, 2017 Filing 8 PLAINTIFF PROFILE FORM filed by Rosa Caldera. (Gomez, Christopher) [Transferred from West Virginia Southern on 1/10/2020.]
February 2, 2016 Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 1/10/2020.]
October 1, 2015 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 West Virginia Southern on 1/10/2020.]
January 29, 2015 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/10/2020.]
June 3, 2013 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 West Virginia Southern on 1/10/2020.]
May 9, 2013 Filing 3 TRANSMITTED PRETRIAL ORDER # 46 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs) entered on 05/09/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 1/10/2020.]
May 9, 2013 Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, 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). (Attachments: #1 Summons, #2 Summons) (jws) [Transferred from West Virginia Southern on 1/10/2020.]
May 8, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2401928. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 1/10/2020.]

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Search for this case: Caldera et al v. Ethicon, Inc. et al
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Plaintiff: Rosa Caldera
Represented By: Elia A. Robertson
Represented By: Lee Barry Balefsky
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Plaintiff: Luis Fernando Luna
Represented By: Elia A. Robertson
Represented By: Lee Barry Balefsky
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Defendant: Ethicon, Inc.
Represented By: David Gregory Mayhan
Represented By: Sarah Smyth O'Brien
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Defendant: Johnson & Johnson
Represented By: David Gregory Mayhan
Represented By: Sarah Smyth O'Brien
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Defendant: Ethicon, LLC
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