Cayer et al v. Ethicon, Inc. et al
| Diane Cayer and Paul Cayer |
| Ethicon Inc, Ethicon, LLC and Johnson & Johnson |
| 3:2020cv01655 |
| November 3, 2020 |
| US District Court for the District of Connecticut |
| Robert N Chatigny |
| Kari A Dooley |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 206 RESPONSE re #193 Notice (Other) of Plaintiffs' Statement Re Pending Motion to Exclude or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 205 RESPONSE re #176 Notice (Other) Defendants' Statement of Prior Rulings and Issues for Resolution - Motions to Exclude Anne Wilson, MBA filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 204 RESPONSE re #175 Notice (Other) Defendants' Statement of Prior Rulings and Issues for Resolution - Motions to Exclude Bruce Rosenzweig, M.D. filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 203 RESPONSE re #173 Notice (Other) Defendants' Statement of Prior Rulings and Issues for Resolution - Motions to Exclude Peggy Pence, Ph.D. filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 202 RESPONSE re #171 Notice (Other) Defendants' Statement of Prior Rulings and Issues for Resolution - Motions to Exclude Scott Guelcher, Ph.D. filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 201 RESPONSE re #197 Notice (Other) of Plaintiffs' Statement Re Pending Motions to Preclude or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 200 RESPONSE re #196 Notice (Other) of Plaintiffs' Statement Re Pending Motion to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 199 RESPONSE re #191 Notice (Other) of Plaintiffs' Statement Re Pending Motion to Exclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
Filing 198
ORDER OF TRANSFER. Case reassigned to Judge Robert N. Chatigny for all further proceedings. Signed by Judge Michael P. Shea on 12/10/20.(Johnson, D.)
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| Set Deadlines: Dispositive Motions due by 1/8/2021; Responses due 2/8/21; Replies due 3/10/21. (Johnson, D.) |
| Set Deadlines/Hearings: Jury Selection set for 10/6/2021 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea. Pretrial Conference set for 9/23/2021 02:00 PM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea. (Johnson, D.) |
| Filing 197 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motions to Preclude or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 196 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Limit the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 195 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 194 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Stephen MacLean, Ph.D., P.E. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 193 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Exclude or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 192 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Exclude Certain Opinion Testimony of Brian Parker, M.D. (Case-Specific) (Davis, Steven) |
| Filing 191 NOTICE by Diane Cayer, Paul Cayer Statement Regarding Plaintiffs Pending Motion to Exclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. (Attachments: #1 Exhibit)(Davis, Steven) |
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Filing 190
ORDER. The Court enters the following briefing schedule for any dispositive motion: (1) Dispositive motions are due January 8, 2021; (2) Responses are due February 8, 2021; (3) Replies are due March 10, 2021. Because of the extended nature of this schedule (especially for replies) and because the parties are proposing merely to file revised versions of an earlier motion for summary judgment, this schedule should give the parties ample time to complete briefing. Accordingly, the Court will not extend this schedule further. Signed by Judge Michael P. Shea on 12/4/2020. (Super, John)
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| Filing 189 Memorandum in Opposition by Defendants' [MDL Case Specific Dkt No. 55] re #187 MOTION to Preclude [MDL Case Specific Dkt. No. 52] Certain Opinion Testimony of Brian Parker, MD filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 188 Memorandum in Support re #187 MOTION to Preclude [MDL Case Specific Dkt. No. 52] Certain Opinion Testimony of Brian Parker, MD [MDL Case Specific Dkt. No. 53] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 187 MOTION to Preclude [MDL Case Specific Dkt. No. 52] Certain Opinion Testimony of Brian Parker, MD by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 186 REPLY to Response to #182 MOTION to Preclude [MDL Dkt. No. 2060] the Opinions of FDA Expert Timothy Ulatowski [MDL Dkt. No. 2910] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 185 REPLY to Response to #182 MOTION to Preclude [MDL Dkt. No. 2060] the Opinions of FDA Expert Timothy Ulatowski [MDL Dkt. No. 2232] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 184 Memorandum in Opposition by Defendants' [MDL Dkt. No. 2134] re #182 MOTION to Preclude [MDL Dkt. No. 2060] the Opinions of FDA Expert Timothy Ulatowski filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Davis, Steven) |
| Filing 183 Memorandum in Support re #182 MOTION to Preclude [MDL Dkt. No. 2060] the Opinions of FDA Expert Timothy Ulatowski [MDL Dkt. No. 2065] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 182 MOTION to Preclude [MDL Dkt. No. 2060] the Opinions of FDA Expert Timothy Ulatowski by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Davis, Steven) |
| Filing 181 REPLY to Response to #178 MOTION to Preclude [MDL Dkt. No. 2825] or to Limit the Opinions and Testimony of Steven Maclean, Ph.D. [MDL Dkt. No. 3053] filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 180 Memorandum in Opposition By Defendants' [MDL Dkt. No. 2942] re #178 MOTION to Preclude [MDL Dkt. No. 2825] or to Limit the Opinions and Testimony of Steven Maclean, Ph.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Davis, Steven) |
| Filing 179 Memorandum in Support re #178 MOTION to Preclude [MDL Dkt. No. 2825] or to Limit the Opinions and Testimony of Steven Maclean, Ph.D. [MDL Dkt. No. 2826] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 178 MOTION to Preclude [MDL Dkt. No. 2825] or to Limit the Opinions and Testimony of Steven Maclean, Ph.D. by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 177 Memorandum in Opposition By Defendants' [MDL Dkt. No. 2552] re #169 MOTION to Preclude [MDL Dkt. No. 2205] or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit)(Davis, Steven) |
| Filing 176 NOTICE by Ethicon Inc, Johnson & Johnson re 113 Order,,,,,,,, ETHICON'S SUMMARY OF PRIOR RULINGS/ISSUES RE ANNE WILSON, MBA (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Robert) |
| Filing 175 NOTICE by Ethicon Inc, Johnson & Johnson re 113 Order,,,,,,,, ETHICON'S SUMMARY OF PRIOR RULINGS/ISSUES RE BRUCE ROSENZWEIG, M.D. (Attachments: #1 A, #2 B)(Simpson, Robert) |
| Filing 174 REPLY to Response to #169 MOTION to Preclude [MDL Dkt. No. 2205] or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D. [MDL Dkt. No. 2297] filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) |
| Filing 173 NOTICE by Ethicon Inc, Johnson & Johnson re 113 Order,,,,,,,, ETHICON'S SUMMARY OF PRIOR RULINGS/ISSUES RE PEGGY PENCE (Attachments: #1 A, #2 B)(Simpson, Robert) |
| Filing 172 Memorandum in Opposition By Defendants' [MDL Dkt. No.2287] re #169 MOTION to Preclude [MDL Dkt. No. 2205] or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Davis, Steven) |
| Filing 171 NOTICE by Ethicon Inc, Johnson & Johnson re 113 Order,,,,,,,, ETHICON'S SUMMARY OF PRIOR RULINGS/ISSUES RE SCOTT GUELCHER (Attachments: #1 A, #2 B)(Simpson, Robert) |
| Filing 170 Memorandum in Support re #169 MOTION to Preclude [MDL Dkt. No. 2205] or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D. [MDL Dkt. No. 2206] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 169 MOTION to Preclude [MDL Dkt. No. 2205] or in the Alternative, to Limit the Opinions and Testimony of Steven Maclean, Ph.D. by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Davis, Steven) |
| Filing 168 NOTICE by Ethicon Inc, Johnson & Johnson re 113 Order,,,,,,,, STATEMENT RE MOTION TO EXCLUDE PLTF'S CASE-SPECIFIC EXPERT - DONALD OSTERGARD (Simpson, Robert) |
| Filing 167 Memorandum in Opposition By Defendants' [MDL Dkt. No. 2925] re #164 Second MOTION to Preclude [MDL Dkt. No. 2469] the Opinions and Testimony of Dr. Salil Khandwala filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 166 REPLY to Response to #164 Second MOTION to Preclude [MDL Dkt. No. 2469] the Opinions and Testimony of Dr. Salil Khandwala [MDL Dkt. No. 2618] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 165 Memorandum in Support re #164 Second MOTION to Preclude [MDL Dkt. No. 2469] the Opinions and Testimony of Dr. Salil Khandwala [MDL Dkt. No. 2470] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 164 Second MOTION to Preclude [MDL Dkt. No. 2469] the Opinions and Testimony of Dr. Salil Khandwala by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 163 REPLY to Response to #160 MOTION to Preclude [MDL Dkt. No. 2003] or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. [MDL Dkt. No. 2240] filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 162 Memorandum in Opposition by Defendants' [Dkt No. 2175] re #160 MOTION to Preclude [MDL Dkt. No. 2003] or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 161 Memorandum in Support re #160 MOTION to Preclude [MDL Dkt. No. 2003] or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. [MDL Dkt. No. 2004] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 160 MOTION to Preclude [MDL Dkt. No. 2003] or Limit the Opinions and Testimony of Dr. Salil Khandwala, M.D. by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Davis, Steven) |
| Filing 159 REPLY to Response to #156 MOTION to Preclude by Plaintiff's [MDL Dkt No. 4876] Certain Opinions and Testimony of John Wagner, M.D. [MDL Dkt. No. 5044] filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Davis, Steven) |
| Filing 158 Memorandum in Opposition by Defendants' [Dkt No. 4920] re #156 MOTION to Preclude by Plaintiff's [MDL Dkt No. 4876] Certain Opinions and Testimony of John Wagner, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Davis, Steven) |
| Filing 157 Memorandum in Support re #156 MOTION to Preclude by Plaintiff's [MDL Dkt No. 4876] Certain Opinions and Testimony of John Wagner, M.D. [MDL Dkt. No. 4879] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 156 MOTION to Preclude by Plaintiff's [MDL Dkt No. 4876] Certain Opinions and Testimony of John Wagner, M.D. by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Davis, Steven) |
| Filing 155 REPLY to Response to #152 MOTION to Preclude [MDL Dkt. No. 3617] or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. [MDL Dkt. No. 3851] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 154 Memorandum in Opposition [MDL Dkt. No. 3731] By Defendants re #152 MOTION to Preclude [MDL Dkt. No. 3617] or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Davis, Steven) |
| Filing 153 Memorandum in Support re #152 MOTION to Preclude [MDL Dkt. No. 3617] or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. [MDL Dkt. No. 3617] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 152 MOTION to Preclude [MDL Dkt. No. 3617] or, in the Alternative, to Limit the Opinions and Testimony of John R. Wagner, M.D. by Diane Cayer, Paul Cayer.Responses due by 12/25/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Davis, Steven) |
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Filing 151
ORDER. The 113 scheduling order is amended as follows: (1) the pretrial conference scheduled for August 5, 2021 is RESCHEDULED for September 23, 2021 at 2:00 p.m.; and (2) the jury selection scheduled for August 18, 2021 is RESCHEDULED for October 6, 2021, with the presentation of evidence to begin immediately thereafter. Signed by Judge Michael P. Shea on 12/4/2020. (Super, John)
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| Filing 150 Memorandum in Opposition by Defendants [MDL Dkt. No. 4495] re #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Davis, Steven) |
| Filing 149 Memorandum in Opposition by Defendants [MDL Dkt. No. 2929] re #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Davis, Steven) |
| Filing 148 Memorandum in Opposition [MDL Dkt. No. 2508] re #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Davis, Steven) |
| Filing 147 REPLY to Response to #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. [MDL Dkt. No. 2225] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 146 Memorandum in Opposition [MDL Dkt. No. 2138] re #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Davis, Steven) |
| Filing 145 Memorandum in Support re #144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. [MDL Dkt. No. 2018] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 144 MOTION to Preclude [MDL Dkt. No. 2014] the Opinions and Testimony of Jaime L. Sepulveda-Toro, M.D. by Diane Cayer, Paul Cayer.Responses due by 12/24/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Davis, Steven) |
| Filing 143 STIPULATION OF DISMISSAL OF CERTAIN CLAIMS WITH PREJUDICE by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 142 PROPOSED ORDER re 113 Order,,,,,,,, JOINT PROPOSED SCHEDULING ORDER RE: DISPOSITIVE MOTIONS by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 141 REPLY to Response to #138 MOTION to Preclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. [MDL Dkt. No. 3858] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 140 Memorandum in Opposition [MDL Dkt. No. 3747] re #138 MOTION to Preclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. filed by Diane Cayer, Paul Cayer. (Attachments: #1 Exhibit)(Davis, Steven) |
| Filing 139 Memorandum in Support re #138 MOTION to Preclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. [MDL Dkt. No. 3674] filed by Diane Cayer, Paul Cayer. (Davis, Steven) |
| Filing 138 MOTION to Preclude or Otherwise Limit the Opinions and Testimony of Defense Expert Brian Parker, M.D. by Diane Cayer, Paul Cayer.Responses due by 12/24/2020 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Davis, Steven) |
| Filing 137 RESPONSE re #136 Memorandum in Opposition to Motion, to Exclude the Opinions and Testimony of Scott A. Guelcher, [Dkt. No. 84-16] [MDL Dkt. No. 4692] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit JJ, #2 Exhibit KK, #3 Exhibit LL, #4 Exhibit MM, #5 Exhibit NN, #6 Exhibit OO, #7 Exhibit PP, #8 Exhibit QQ, #9 Exhibit RR, #10 Exhibit SS, #11 Exhibit TT, #12 Exhibit UU, #13 Exhibit VV)(Simpson, Robert) |
| Filing 136 Memorandum in Opposition By Plaintiff [Dkt. No. 84-14 and 84-15][MDL Dkt. No. 4675] - Wave 5 re #134 MOTION to Preclude the Opinions and Testimony of Scott A. Guelcher, [Dkt. No. 84-9, 84-10, 84-11, 84-12] [MDL Dkt. No.4573] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Simpson, Robert) |
| Filing 135 Memorandum in Support re #134 MOTION to Preclude the Opinions and Testimony of Scott A. Guelcher, [Dkt. No. 84-9, 84-10, 84-11, 84-12] [MDL Dkt. No.4573] RE: [Dkt. No. 83-13] [MDL Dkt. No. 4574] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 134 MOTION to Preclude the Opinions and Testimony of Scott A. Guelcher, [Dkt. No. 84-9, 84-10, 84-11, 84-12] [MDL Dkt. No.4573] by Ethicon Inc, Johnson & Johnson.Responses due by 12/24/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II)(Simpson, Robert) |
| Filing 133 RESPONSE re #132 Memorandum in Opposition to Motion, to Exclude Testimony Peggy Pence, [Dkt. No. 86-9] [MDL Dkt. No. 3017] - Wave 3 filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 132 Memorandum in Opposition By Plaintiffs' RE: [Dkt. No. 86-8] [MDL Dkt. No. 2949] re #130 MOTION to Preclude the Testimony of Peggy Pence, PH.D - Wave 3, [Dkt. No. 86-6] [MDL Dkt. No. 2759] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Simpson, Robert) |
| Filing 131 Memorandum in Support re #130 MOTION to Preclude the Testimony of Peggy Pence, PH.D - Wave 3, [Dkt. No. 86-6] [MDL Dkt. No. 2759] RE: [Dkt. No. 86-7] [MDL Dkt. No. 2760] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 130 MOTION to Preclude the Testimony of Peggy Pence, PH.D - Wave 3, [Dkt. No. 86-6] [MDL Dkt. No. 2759] by Ethicon Inc, Johnson & Johnson.Responses due by 12/24/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Simpson, Robert) |
| Filing 129 RESPONSE re #128 Memorandum in Opposition to Motion, to Exclude the Opinions and Testimony of Anne Wilson - Wave 3 Re: [Dkt. No. 85-25] [MDL Dkt. No. 3025] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 128 Memorandum in Opposition By Plaintiffs Wave 3 [Dkt. No. 85-24] [MDL Dkt. No. 2943] re #126 MOTION to Preclude - Wave 3 [Dkt. No. 85-18] [MDL Dkt. No. 2830] the Opinions and Testimony of Anne Wilson filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F)(Simpson, Robert) |
| Filing 127 Memorandum in Support re #126 MOTION to Preclude - Wave 3 [Dkt. No. 85-18] [MDL Dkt. No. 2830] the Opinions and Testimony of Anne Wilson Re: [Dkt. No. 85-23] [MDL Dkt. No. 2831] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 126 MOTION to Preclude - Wave 3 [Dkt. No. 85-18] [MDL Dkt. No. 2830] the Opinions and Testimony of Anne Wilson by Ethicon Inc, Johnson & Johnson.Responses due by 12/23/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS-1, #46 Exhibit SS-2, #47 Exhibit TT, #48 Exhibit UU)(Simpson, Robert) |
| Filing 125 RESPONSE re #124 Memorandum in Opposition to Motion, Defendants Wave 7 Reply Brief ISO Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, [Dkt. No. 83-16] [MDL Dkt. No. 5548] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 124 Memorandum in Opposition By Plaintiff in Opposition to Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, [Dkt. No. 83-15] [MDL Dkt. No.5482] re #122 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 7 [Dkt. No. 83-14] [MDL Dkt. No. 5333] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Robert) |
| Filing 123 Memorandum in Support re #122 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 7 [Dkt. No. 83-14] [MDL Dkt. No. 5333] RE: [Dkt. No. 83-14] [MDL Dkt. No. 5333] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 122 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 7 [Dkt. No. 83-14] [MDL Dkt. No. 5333] by Ethicon Inc, Johnson & Johnson.Responses due by 12/23/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Simpson, Robert) |
| Filing 121 REPLY to Response to #118 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 3 [Dkt. No. 83-9], [MDL Dkt. No.2817] Defendants Wave 3 Reply ISO of Motion to Exclude Bruce Rosenzweig, [Dkt. No. 83-12], [MDL Dkt. No. 3024] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Simpson, Robert) |
| Filing 120 Memorandum in Opposition By Plaintiffs' Wave 3 [Dkt. No. 83-11], [MDL Dkt. No.2931] re #118 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 3 [Dkt. No. 83-9], [MDL Dkt. No.2817] filed by Ethicon Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Simpson, Robert) |
| Filing 119 Memorandum in Support re #118 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 3 [Dkt. No. 83-9], [MDL Dkt. No.2817] [Dkt. No. 83-10], [MDL Dkt. No. 2818] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 118 MOTION to Preclude Certain General Opinions of Bruce Rosenzweig, M.D. - Wave 3 [Dkt. No. 83-9], [MDL Dkt. No.2817] by Ethicon Inc, Johnson & Johnson.Responses due by 12/23/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Simpson, Robert) |
| Filing 117 Memorandum in Opposition By Plaintiffs' [Dkt. No. 56], [MDL Dkt. No. 56] re #115 MOTION to Preclude the Opinions and Testimony of Donald R. Ostergard, M.D. filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 116 Memorandum in Support re #115 MOTION to Preclude the Opinions and Testimony of Donald R. Ostergard, M.D. [MDL Dkt. No. 51] filed by Ethicon Inc, Johnson & Johnson. (Simpson, Robert) |
| Filing 115 MOTION to Preclude the Opinions and Testimony of Donald R. Ostergard, M.D. by Ethicon Inc, Johnson & Johnson.Responses due by 12/23/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Simpson, Robert) |
| Filing 114 Minute Entry for proceedings held before Judge Michael P. Shea: Telephonic Status Conference held on 11/25/2020. 28 minutes(Court Reporter J. Monette.) (Johnson, D.) |
| Set Deadlines/Hearings: Joint Trial Brief due by 6/25/2021; Jury Selection set for 8/18/2021 at 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea; Pretrial Conference set for 8/5/2021 02:00 PM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.) |
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Filing 113
ORDER. As discussed during today's call, the Court enters the following orders:(1) The parties shall re-file all currently pending motions no later than December 4, 2020. In addition, the parties shall file a 3-page statement with each such motion that shall (a) identify and attach any order, issued by any judge that previously handled this case, that resolves all or a portion of the pending motion, or that resolves all or any portion of a motion that is substantially similar to the pending motion in this case; and (b) identify the issues remaining in the pending motion that need to be resolved by this Court no later than December 4, 2020. Should there be any disagreement regarding the filer's 3-page statement, the other party may file a similar 3-page statement that highlights any areas of dispute no later than December 11, 2020. If no such response is filed, the Court will assume the original 3-page statement correctly identifies the issues the Court should decide.(2) The parties shall confer and file a joint proposed briefing schedule for any motion for summary judgment no later than December 4, 2020. This proposal shall include a stipulation as to any counts or issues either party has already conceded, and must result in a fully briefed motion for summary judgment no later than March 15, 2021.(3) The Joint Trial Memorandum is due by June 25, 2021. The instructions for the Joint Trial Memorandum can be found on the District of Connecticut's website, here: http://www.ctd.uscourts.gov/content/michael-p-shea.(4) The Court will hold a pretrial conference on August 5, 2021 at 2:00 p.m.(5) Jury selection is scheduled for August 18, 2021, with the presentation of evidence to begin immediately thereafter. If Plaintiff's counsel has a scheduling conflict with this date, he shall confer with opposing counsel and file a notice on the docket indicating that such a conflict exists, and proposing alternative dates that are convenient for the parties no later than December 4, 2020. Signed by Judge Michael P. Shea on 11/25/2020. (Super, John)
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Filing 112
ORDER. The telephonic status conference scheduled for November 25, 2020 at 10:00 a.m. is RESCHEDULED for November 25, 2020 at 11:00 a.m. Signed by Judge Michael P. Shea on 11/23/2020. (Super, John)
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| Filing 111 NOTICE of Appearance by Nicole L. Barber on behalf of Diane Cayer, Paul Cayer (Barber, Nicole) |
| Set Deadlines/Hearings: Telephonic Status Conference set for 11/25/2020 10:00 AM before Judge Michael P. Shea (Johnson, D.) |
| Filing 110 NOTICE of Appearance by Steven Davis on behalf of Diane Cayer, Paul Cayer , Plaintiffs (Davis, Steven) |
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Filing 109
ORDER. Attorney Barber has filed a motion in this case (ECF Nos. 106, 107). However, the Court notes that Attorney Barber has not filed an appearance in accordance with D. Conn. L. Civ. R. 5(b). As a result, Attorney Barber is directed to file a notice of appearance in accordance with this Court's local rules no later than Friday, November 20, 2020. In addition, the Court will hold a telephonic status conference to discuss the status of this case on November 25, 2020 at 10:00 a.m. The Court will distribute dial-in information prior to the call. Signed by Judge Michael P. Shea on 11/18/2020. (Super, John)
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Filing 108
ORDER granting #106 Motion to Appear Pro Hac Vice. Signed by Clerk on 11/17/2020. (Peterson, M)
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| Filing 107 CERTIFICATE OF GOOD STANDING re #106 MOTION for Attorney(s) Steven D. Davis to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6224585) by Diane Cayer, Paul Cayer. (Barber, Nicole) |
| Filing 106 MOTION for Attorney(s) Steven D. Davis to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6224585) by Diane Cayer, Paul Cayer. (Attachments: #1 Affidavit, #2 Exhibit Cert of Good Standing)(Barber, Nicole) |
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Filing 105
ORDER. Because the plaintiffs have not yet appeared in this case, the telephonic status conference scheduled for November 17, 2020 is CANCELED. The Court will reschedule such a status conference once all parties have appeared.In addition, plaintiffs' counsel (Attorney Steven D. Davis, as listed in the original filings upon transfer to the District of Connecticut, see ECF No. 81 at 12 or, if not Attorney Davis, other counsel for plaintiffs) shall file an in appearance in this case, in accordance with the Court's local rules (see ECF No. 97), no later than December 16, 2020. Should plaintiffs' counsel fail to appear by December 16, 2020, this case may be dismissed for failure to prosecute under Fed. R. Civ. P. 41(b). The Clerk is directed to mail a copy of this order, as well as a copy of ECF No. 97, to Attorney Davis at: Tor Hoerman Law, 210 South Main Street, Edwardsville, IL 62025. Signed by Judge Michael P. Shea on 11/16/2020. (Super, John)
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| Set Deadlines/Hearings: Telephonic Status Conference set for 11/17/2020 at 10:30 AM before Judge Michael P. Shea (Johnson, D.) |
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Filing 104
ORDER. The Court will hold a telephonic status conference on November 17, 2020 at 10:00 a.m. to discuss the status of this case. The Court will distribute dial-in information prior to the call. Signed by Judge Michael P. Shea on 11/10/2020. (Super, John)
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Filing 103
ORDER OF TRANSFER. Case reassigned to Judge Michael P. Shea for all further proceedings. Signed by Judge Kari A. Dooley on 11/06/2020.(Gould, K.)
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| Filing 102 Corporate Disclosure Statement by Ethicon Inc, Johnson & Johnson identifying Corporate Parent Johnson & Johnson for Ethicon Inc. (Simpson, Robert) |
| Filing 101 NOTICE of Appearance by Lauren R. Greenspoon on behalf of Ethicon Inc, Johnson & Johnson (Greenspoon, Lauren) |
| Filing 100 NOTICE of Appearance by Robert Reginald Simpson on behalf of Ethicon Inc, Johnson & Johnson (Simpson, Robert) |
| Filing 99 NOTICE to Counsel in Transferred Case. Signed by Clerk on 11/4/2020. (Fanelle, N.) |
| Filing 98 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 11/3/2020. (Fanelle, N.) |
| Filing 97 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 11/3/2020. (Fanelle, N.) |
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Filing 96
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/3/2020. (Fanelle, N.)
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Filing 95
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/3/2020. (Fanelle, N.)
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Filing 94
Order on Pretrial Deadlines: Amended Pleadings due by 1/2/2021 Discovery due by 5/5/2021 Dispositive Motions due by 6/9/2021 Signed by Clerk on 11/3/2020. (Fanelle, N.)
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| Filing 93 Case electronically transferred in from District of West Virginia Southern; Case Number 2:12-cv-09976. |
| Filing 92 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 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 (2649) Memorandum Opinion and Order - Daubert Motion re Timothy Ulatowski, #6 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #8 Exhibit MDL ECF (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #9 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 91 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2205) Part 1 - Pls' Mot to Exclude Steven MacLean, #2 Exhibit MDL ECF (2205) Part 2 - Pls' Mot to Exclude Steven MacLean, #3 Exhibit MDL ECF (2205) Part 3 - Pls' Mot to Exclude Steven MacLean, #4 Exhibit MDL ECF (2206) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #11 Exhibit MDL ECF (2724) - Memorandum Opinion and Order - Daubert Motion re Steven MacLean, #12 Exhibit MDL ECF (2825) - Pls' Mot to Exclude Steven MacLean, #13 Exhibit MDL ECF (2826) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (2942) - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #15 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8731) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean, #17 Exhibit MDL ECF (8832) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 90 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2003) - Pls' Mot to Exclude Salil Khandwala, #2 Exhibit MDL ECF (2004) - Pls' Mem in Support of Mot to Exclude Salil Khandwala, #3 Exhibit MDL ECF (2175) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2469) - Pls' Amended Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2470) - Pls' Mem in Support of Amended Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2618) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2728) Memorandum Opinion and Order Daubert Mot re Salil Khandwala, #9 Exhibit MDL ECF (2925) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (8727) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Salil Khandwala, #11 Exhibit MDL ECF (8852) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Salil Khandwala)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 89 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (3617) - Pls' Mot to Exclude John Wagner, #2 Exhibit MDL ECF (3618) - Pls' Mem in Support of Mot to Exclude John Wagner, #3 Exhibit MDL ECF (3731) - Defs' Resp to Pls' Mot to Exclude John Wagner, #4 Exhibit MDL ECF (3851) - Pls' Reply in Support of Mot to Exclude John Wagner, #5 Exhibit MDL ECF (4876) - Pls' Mot to Exclude John Wagner, #6 Exhibit MDL ECF (4879) - Pls' Mem in Support of Mot to Exclude John Wagner, #7 Exhibit MDL ECF (4920) - Defs' Resp to Pls' Mot to Exclude John Wagner, #8 Exhibit MDL ECF (5044) - Pls' Reply to Mot to Exclude John Wagner, #9 Exhibit MDL ECF (6273) Memorandum Opinion and Order re John Wagner, #10 Exhibit MDL ECF (8756) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude John Wagner, #11 Exhibit MDL ECF (8877) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude John Wagner)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 88 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2014) - Pls' Mot to Exclude Jaime Sepulveda-Toro, #2 Exhibit MDL ECF (2018) - Pls' Mem in Support of Mot to Exclude Jamie Sepulveda-Toro, #3 Exhibit MDL ECF (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #5 Exhibit MDL ECF (2225) - Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #6 Exhibit MDL ECF (2508) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #8 Exhibit MDL ECF (2682) Memorandum Opinion and Order - Daubert Motion re Jaime Sepulveda-Toro, #9 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #10 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #11 Exhibit MDL ECF (8746) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #12 Exhibit MDL ECF (8905) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 87 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (3672) Part 1 - Pls' Mot to Exclude Brian Parker, #2 Exhibit MDL ECF (3672) Part 2 - Pls' Mot to Exclude Brian Parker, #3 Exhibit MDL ECF (3672) Part 3 - Pls' Mot to Exclude Brian Parker, #4 Exhibit MDL ECF (3674) - Pls' Mem in Support of Mot to Exclude Brian Parker, #5 Exhibit MDL ECF (3747) - Defs' Resp to Pls' Mot to Exclude Brian Parker, #6 Exhibit MDL ECF (3858) - Pls' Reply in Support of Mot to Exclude Brian Parker, #7 Exhibit MDL ECF (6239) Memorandum Opinion and Order re Brian Parker, #8 Exhibit MDL ECF (8734) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Brian Parker, #9 Exhibit MDL ECF (8817) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Brian Parker)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 86 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2664) Memorandum Opinion and Order - Daubert Motion re Peggy Pence, #6 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 85 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (2083) Part 1 - Defs' Mot to Exclude Anne Wilson, #2 Exhibit MDL ECF (2083) Part 2 - Defs' Mot to Exclude Anne Wilson, #3 Exhibit MDL ECF (2083) Part 3 - Defs' Mot to Exclude Anne Wilson, #4 Exhibit MDL ECF (2083) Part 4 - Defs' Mot to Exclude Anne Wilson, #5 Exhibit MDL ECF (2083) Part 5 - Defs' Mot to Exclude Anne Wilson, #6 Exhibit MDL ECF (2083) Part 6 - Defs' Mot to Exclude Anne Wilson, #7 Exhibit MDL ECF (2083) Part 7 - Defs' Mot to Exclude Anne Wilson, #8 Exhibit MDL ECF (2083) Part 8 - Defs' Mot to Exclude Anne Wilson, #9 Exhibit MDL ECF (2083) Part 9 - Defs' Mot to Exclude Anne Wilson, #10 Exhibit MDL ECF (2086) - Defs' Memo in Support of Mot to Exclude Anne Wilson, #11 Exhibit MDL ECF (2166) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #12 Exhibit MDL ECF (2242) - Defs' Reply in Support of Mot to Exclude Anne Wilson, #13 Exhibit MDL ECF (2647) Memorandum Opinion and Order - Daubert Motion re Anne Wilson, #14 Exhibit MDL ECF (2830) Part 1 - Defs' Mot to Exclude Anne Wilson, #15 Exhibit MDL ECF (2830) Part 2 - Defs' Mot to Exclude Anne Wilson, #16 Exhibit MDL ECF (2830) Part 3 - Defs' Mot to Exclude Anne Wilson, #17 Exhibit MDL ECF (2830) Part 4 - Defs' Mot to Exclude Anne Wilson, #18 Exhibit MDL ECF (2830) Part 5 - Defs' Mot to Exclude Anne Wilson, #19 Exhibit MDL ECF (2830) Part 6 - Defs' Mot to Exclude Anne Wilson, #20 Exhibit MDL ECF (2830) Part 7 - Defs' Mot to Exclude Anne Wilson, #21 Exhibit MDL ECF (2830) Part 8 - Defs' Mot to Exclude Anne Wilson, #22 Exhibit MDL ECF (2830) Part 9 - Defs' Mot to Exclude Anne Wilson, #23 Exhibit MDL ECF (2831) - Defs' Mem in Support of Mot to Exclude Anne Wilson, #24 Exhibit MDL ECF (2943) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #25 Exhibit MDL ECF (3025) - Defs' Reply in Support of Mot to Exclude Anne Wilson, #26 Exhibit MDL ECF (8772) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Anne Wilson, #27 Exhibit MDL ECF (8863) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Anne Wilson)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 84 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (2698) Memorandum Opinion and Order - Daubert Motion re Guelcher, #9 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 1 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4675) Part 2 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (4692) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (8790) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Scott Guelcher, #18 Exhibit MDL ECF (8839) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 83 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 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 (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2668) Memorandum Opinion and Order - Daubert Motion re Bruce Rosenzweig, #9 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 82 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #81 CONTINUED, MDL ECF (1996) - Defs' Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2683) Memorandum Opinion and Order - Daubert Motion re Donald R. Ostergard, M.D., #6 Exhibit MDL ECF (2814) - Defs' Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2816) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (2950) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (3011) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (8769) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Donald Ostergard, #11 Exhibit MDL ECF (8851) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Donald Ostergard)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
| Filing 81 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) - First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mkw). |
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Filing 80
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 11/3/2020 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 11/2/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/20/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew)
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Filing 79
ORDER The #73 Motion to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order # 337 is GRANTED in part to the extent plaintiffs seek an order striking the experts identified by defendants in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 10/19/2020. (cc: counsel of record; any unrepresented party) (kew)
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| NOTICE OF DOCKET CORRECTION re: #78 Oppositon by Ethicon, Inc., Johnson & Johnson to #73 Motion by Diane Cayer, Paul Cayer to Strike Defendant's Non-Retained Experts in Violation of the Court's Pretrial Order #337. ERROR: Incorrect Exhibits C and D attached. CORRECTION: Exhibits C and D replaced. (ts) |
| Filing 78 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #73 MOTION by Diane Cayer, Paul Cayer to Strike Defendant's Non-Retained Experts in Violation of the Court's Pretrial Order #337. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) (Modified on 11/20/2019 to replace exhibits C and D) (ts). |
| Filing 77 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #75 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M.D., Pursuant to Federal Rule of Evidence 702. (Robinson, Susan) |
| Filing 76 MEMORANDUM by Diane Cayer, Paul Cayer in support of #75 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M.D., Pursuant to Federal Rule of Evidence 702. (Davis, Steven) |
| Filing 75 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M,D., Pursuant to Federal Rule of Evidence 702. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Davis, Steven) |
| Filing 74 MEMORANDUM by Diane Cayer, Paul Cayer in support of #73 MOTION by Diane Cayer, Paul Cayer to Strike Defendant's Non-Retained Experts in Violation of the Court's Pretrial Order #337. (Davis, Steven) |
| Filing 73 MOTION by Diane Cayer, Paul Cayer to Strike Defendant's Non-Retained Experts in Violation of the Court's Pretrial Order #337. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Davis, Steven) |
| Filing 72 CERTIFICATE OF SERVICE by Diane Cayer, Paul Cayer for Amended Case-Specific Expert Report. (Davis, Steven) |
| Filing 71 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiffs' #70 Amended Notice of Telephonic Deposition of Brian D. Parker, M.D. (Gage, William) |
| Filing 70 AMENDED NOTICE OF TELEPHONIC DEPOSITION by Diane Cayer, Paul Cayer of Brian Parker, MD on October 15, 2019 at 10:00am (CDT) (Davis, Steven) |
| Filing 69 NOTICE OF VIDEOTAPED DEPOSITION by Diane Cayer, Paul Cayer of Brian Parker, MD on October 15, 2019 at 10:00am (CDT) (Davis, Steven) |
| Filing 68 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Donald Ostergard on 10/17/19 at 8:00 a.m. MT (Robinson, Susan) |
| Filing 67 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) |
| Filing 66 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) |
| Filing 65 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Victoria Biondi on 9/19/19 at 9:00 a.m. EDT (Robinson, Susan) |
| Filing 64 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, Paul Cayer. (Robinson, Susan) |
| Filing 63 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Requests for Admission to Plaintiff. (Robinson, Susan) |
| Filing 62 SECOND AMENDED PLAINTIFF FACT SHEET filed by Diane Cayer. (Davis, Steven) |
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Filing 61
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (ADI)
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Filing 60
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)
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Filing 59
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (mek) (ADI)
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Filing 58
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (hkl)
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Filing 57
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5247 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 4/12/2018. (cc: attys; any unrepresented party) (brn) (ADI)
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| Filing 56 MEMORANDUM by Diane Cayer, Paul Cayer in opposition to #50 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Donald R. Ostergard, M.D. (Plattenberger, Jacob) |
| Filing 55 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in opposition to #52 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M.D., Pursuant to Federal Rule of Evidence 702 (Attachment: #1 Exhibit A)(Crawford, Kelly) |
| Filing 54 MEMORANDUM by Diane Cayer, Paul Cayer in opposition to #48 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Plattenberger, Jacob) |
| Filing 53 MEMORANDUM by Diane Cayer, Paul Cayer in support of #52 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M.D., Pursuant to Federal Rule of Evidence 702 (Plattenberger, Jacob) |
| Filing 52 DAUBERT MOTION by Diane Cayer, Paul Cayer to Exclude Certain Opinion Testimony of Brian Parker, M.D., Pursuant to Federal Rule of Evidence 702 (Attachments: #1 Exhibit A, #2 Exhibit B) (Plattenberger, Jacob) |
| Filing 51 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #50 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Donald R. Ostergard, M.D. (Crawford, Kelly) |
| Filing 50 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Donald R. Ostergard, M.D. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F, #7 Ex. G)(Crawford, Kelly) |
| Filing 49 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #48 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Crawford, Kelly) |
| Filing 48 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Crawford, Kelly) |
| Filing 47 AMENDED PLAINTIFF FACT SHEET filed by Diane Cayer, Paul Cayer. (Plattenberger, Jacob) |
| Filing 46 CERTIFICATE OF SERVICE by Diane Cayer, Paul Cayer for Rule 26(a)(1) Initial Disclosures. (Plattenberger, Jacob) |
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Filing 45
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (mks)
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| Filing 44 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Interrogatories, Requests for Production, and Requests for Admission. (Crawford, Kelly) |
| Filing 43 CERTIFICATE OF SERVICE by Diane Cayer, Paul Cayer for Responses to First Set of Interrogatories, Requests for Admission, and Requests for Production of Documents. (Plattenberger, Jacob) |
| Filing 42 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Steven D. Davis on behalf of Diane Cayer. (Davis, Steven) |
| Filing 41 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. (Jones, Christy) |
| Filing 40 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Production, Requests for Admission. (Crawford, Kelly) |
| Filing 39 CERTIFICATE OF SERVICE by Diane Cayer, Paul Cayer for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admissions to Defendants. (Plattenberger, Jacob) |
| Filing 38 CERTIFICATE OF SERVICE by Diane Cayer, Paul Cayer for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Plattenberger, Jacob) |
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Filing 37
ORDER denying as moot #20 UNOPPOSED MOTION by Diane Cayer to Amend #1 Short Form Complaint. Signed by Judge Joseph R. Goodwin on 7/25/2017. (cc: attys; any unrepresented party) (hkl)
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| Filing 36 AMENDED SHORT FORM COMPLAINT filed by Diane Cayer, Paul Cayer against Ethicon, Inc., Johnson & Johnson. (hkl) |
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Filing 35
ORDER granting #31 AMENDED UNOPPOSED MOTION by Diane Cayer to Amend #1 Complaint; the Clerk is directed to file the amended complaint on the the docket as of the date of this Order. Signed by Judge Joseph R. Goodwin on 7/25/2017. (cc: attys; any unrepresented party) (hkl)
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| Filing 34 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Annette K. Macannuco-Winslow on 9/25/17 at TBD (Crawford, Kelly) |
| Filing 33 STIPULATION AND AGREEMENT OF PARTIES REGARDING THE DEPOSITION OF DR. ANNETTE K. MACANNUCO-WINSLOW by Ethicon, Inc., Johnson & Johnson, Diane Cayer (Crawford, Kelly) (Modified on 7/25/2017 to add party filer) (kp). |
| Filing 32 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF DIANE CAYER by Ethicon, Inc., Johnson & Johnson, Diane Cayer (Crawford, Kelly) (Modified on 7/25/2017 to add party filer) (kp). |
| Filing 31 AMENDED UNOPPOSED MOTION by Diane Cayer to Amend #1 Complaint (Attachment: #1 Exhibit 1)(Plattenberger, Jacob) |
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Filing 30
PRETRIAL ORDER # 261 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) directing Ethicon, LLC be dismissed without prejudice from each case remaining in Wave 6, identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 6/23/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 Cases Listed on Exhibit A) (mks)
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| Filing 29 PLAINTIFF FACT SHEET filed by Diane Cayer. (Plattenberger, Jacob) |
| Filing 28 PLAINTIFF PROFILE FORM filed by Diane Cayer. (Plattenberger, Jacob) |
| Filing 27 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Jill M. Peters-Gee, M.D. on 7/28/2017 at 9:00AM (Crawford, Kelly) |
| Filing 26 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Victoria Biondi, MD on 7/28/2017 at 2:00PM (Crawford, Kelly) |
| Filing 25 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Paul Cayer on 6/22/2017 at 12:00PM (Crawford, Kelly) |
| Filing 24 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Diane Cayer on 6/22/2017 at 9:00AM (Crawford, Kelly) |
| Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Paul Cayer on 6/22/2017 at 1:00 PM (Crawford, Kelly) |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Diane Cayer on 6/22/2017 at 10:00 AM (Crawford, Kelly) |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Raymond Joseph Kramer on behalf of Diane Cayer. (Kramer, Raymond) |
| Filing 20 UNOPPOSED MOTION by Diane Cayer to Amend #1 Short Form Complaint (Attachment: #1 Proposed Amended Short Form Complaint)(Plattenberger, Jacob) |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Diane Cayer of Dr. Jill Peters-Gee on June 21, 2017 at 9:00 a.m. EDT (Attachment: #1 PTO 38 - Deposition Protocol)(Plattenberger, Jacob) |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Diane Cayer of Dr. Victoria Biondi, M.D. on June 22, 2017 at 9:00 a.m. EDT (Attachment: #1 PTO 38 - Deposition Protocol)(Plattenberger, Jacob) |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diana Katz Gerstel on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Gerstel, Diana) |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Maha M. Kabbash on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Kabbash, Maha) |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly S. Crawford on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Crawford, Kelly) |
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Filing 14
PRETRIAL ORDER # 251 (Docket Control Order - Wave 6 Cases) The parties recently submitted a joint list of 400 of the oldest cases in the Ethicon MDL not already in a wave that name only Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson or allege claims against only the Ethicon defendants' products. These cases, attached hereto as Exhibit A, will be known as the "Ethicon Wave 6 cases," and it is ORDERED as follows: Scheduling Deadlines. The following deadlines shall apply in the Ethicon Wave 6 cases: Plaintiff Fact Sheets due by 5/25/2017, Defendant Fact Sheets due by 6/26/2017, Deadline for written discovery requests due by 8/11/2017, Expert disclosure by plaintiffs due by 7/27/2017, Expert disclosure by defendants due by 8/28/2017, Expert disclosure for rebuttal purposes due by 9/11/2017, Deposition deadline and close of discovery due by 9/25/2017, Filing of Dispositive Motions due by 10/16/2017, Response to Dispositive Motions due by 10/30/2017, Reply to response to dispositive motions due by 11/06/2017, Filing of Daubert motions due by 10/23/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/13/2017. 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: A consolidated motion to seal is due on or before 8/21/2017, any response is due 9/05/2017 and any reply is due 9/12/2017. Venue Recommendations. By no later than 8/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/11/2017. Signed by Judge Joseph R. Goodwin on 4/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 cases listed on Exhibit A) (mmw)
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| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Jill Peters-Gee on 5/26/17 at 9:00 a.m. (Jones, Christy) |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Victoria Biondi on 05/26/2017 at 9:00 a.m. (Gage, William) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
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Filing 9
ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated; granting AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated. The Clerk is directed to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Jacob W. Plattenberger, Tor A. Hoerman, and Eric Terry are associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (kll)
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| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 5 AFFIDAVIT OF SERVICE by Robert DeLacy, on behalf of Ethicon, LLC. (Plattenberger, Jacob) |
| 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) |
| Filing 3 TRANSMITTED PRETRIAL ORDER 28 (Order Scheduling In Chambers Conference regarding Docket Control Orders) entered on 01/03/2013 in MDL 2327 to attorneys in member case. (jap) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (tmr) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2150687. (Attachments: #1 Civil Cover Sheet) (tmr) |
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