PICKETT et al v. ETHICON INC et al

PICKETT et al v. ETHICON INC et al

Plaintiff:	DEBRA PICKETT and JOHN F. PICKETT, JR.
Defendant:	ETHICON INC and JOHNSON & JOHNSON
Case Number:	5:2020cv00288
Filed:	October 23, 2020
Court:	US District Court for the Northern District of Florida
Presiding Judge:	MICHAEL J FRANK
Referring Judge:	T KENT WETHERELL
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 December 3, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 3, 2020	Filing 38 ORDER re #37 Parties' Joint Motion To Dismiss case without prejudice. That the motion is GRANTED, all other pending motions are denied as moot, this case is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(2), and the Clerk shall close the case file. Signed by JUDGE T KENT WETHERELL II on 12/3/2020. (mb)
December 3, 2020	Filing 37 Joint MOTION to Dismiss Without Prejudice by ETHICON INC, JOHNSON & JOHNSON. (Internal deadline for referral to judge if response not filed earlier: 12/17/2020). (TARVER, BRETT)
December 3, 2020	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #37 Joint MOTION to Dismiss Without Prejudice (mb)
November 30, 2020	Filing 36 ORDER - Within 7 days from the date of this Order, Mr. Plezia shall file a motion for leave to appear pro hac vice, or a notice of appearance shall be filed on Plaintiffs' behalf by an attorney admitted to this District's bar. If no pro hac vice motion or notice of appearance is filed, Plaintiffs shall notify the Court that they are proceeding pro se (without the benefit of counsel) and notify the Clerk's office of their current address and telephone number within 28 days from the date of this Order. The Clerk shall email and mail a copy of this Order to the email address and physical address that Mr. Plezia has on file with the State Bar of Texas. Mr. Plezia shall serve a copy of this Order on Plaintiffs via first-class mail and make other reasonable efforts to communicate the contents of this Order to Plaintiffs immediately upon receipt of this Order. (MOTION for Leave to Appear pro hac vice deadline is 12/7/2020). Deadline to notify the Clerk's office of address is due by 12/28/2020.) (Emailed and mailed per ORDER instructions). Signed by JUDGE T KENT WETHERELL II on 11/30/2020. (mb)
November 5, 2020	Filing 35 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for RICHARD J PLEZIA, Plaintiff's counsel to current record on file. (mb)
November 5, 2020	Filing 34 NOTICE REGARDING ADMISSION TO PRACTICE for RICHARD J. PLEZIA, Plaintiff's counsel resent to current address on file. (mb)
November 2, 2020	Filing 33 Mail Returned as Undeliverable. Mail sent to RICHARD J PLEZIA Re: 29 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for RICHARD J PLEZIA, Plaintiff's counsel. (mb), 28 NOTICE REGARDING ADMISSION TO PRACTICE for RICHARD J. PLEZIA, Plaintiff's counsel. (mb) (mb)
October 27, 2020	Filing 32 NOTICE of Appearance by BRETT ASHTON TARVER on behalf of ETHICON INC, JOHNSON & JOHNSON (TARVER, BRETT)
October 23, 2020	Filing 31 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for DANIEL R HIGGINBOTHAM, SUSAN M ROBINSON, CHRISTOPHER D MORRIS and WILLIAM M GAGE, Defendant's counsel. (mb)
October 23, 2020	Filing 30 NOTICE REGARDING ADMISSION TO PRACTICE RE DANIEL HIGGINBOTHAM, SUSAN M ROBINSON, CHRISTOPHER D MORRIS and WILLIAM M GAGE, for Defendant's counsel. (mb)
October 23, 2020	Filing 29 NOTICE REGARDING ELECTRONIC FILING REQUIREMENT for RICHARD J PLEZIA, Plaintiff's counsel. (mb)
October 23, 2020	Filing 28 NOTICE REGARDING ADMISSION TO PRACTICE for RICHARD J. PLEZIA, Plaintiff's counsel. (mb)
October 23, 2020	Filing 27 Case electronically transferred in from District of West Virginia Southern, Case Number 2:14-cv-26613. (mb).
October 22, 2020	Filing 26 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #21 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (7323) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (7399) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 22, 2020	Filing 25 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #21 CONTINUED, MDL ECF (2063) Part 1 - Pls' Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 - Pls' Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) - Pls' Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 - Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 - Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) - Pls' Reply in Support of Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (7278) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (7391) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix)(Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 22, 2020	Filing 24 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #21 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #7 Exhibit MDL ECF (7461) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7467) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski)(Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 22, 2020	Filing 23 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #21 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 (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #9 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #10 Exhibit MDL ECF (7317) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #11 Exhibit MDL ECF (7439) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro)(Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 22, 2020	Filing 22 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #21 CONTINUED, MDL ECF (2089) - Pls' Mot to Exclude Brian Schwartz, #2 Exhibit MDL ECF (2090) - Pls' Memo in Support of Mot to Exclude Brian Schwartz, #3 Exhibit MDL ECF (2141) - Defs' Resp to Pls' Mot to Exclude Brian Schwartz, #4 Exhibit MDL ECF (2233) - Pls' Reply in Support of Mot to Exclude Brian Schwartz, #5 Exhibit MDL ECF (2922) - Defs' Resp to Pls' Mot to Exclude Brian Schwartz, #6 Exhibit MDL ECF (7316) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Brian Schwartz, #7 Exhibit MDL ECF (7408) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Brian Schwartz)(Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 22, 2020	Filing 21 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) [Transferred from West Virginia Southern on 10/23/2020.]
October 9, 2020	Filing 20 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/22/2020 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 10/9/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/23/2020.]
November 29, 2018	Filing 19 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Higginbotham, Daniel) [Transferred from West Virginia Southern on 10/23/2020.]
November 29, 2018	Filing 18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibits A-B)(Higginbotham, Daniel) [Transferred from West Virginia Southern on 10/23/2020.]
November 1, 2018	Filing 17 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Debra Pickett on 11/12/18 at 8:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 23, 2018	Filing 16 ORDER Directing that each case on Exhibit A is reinstated to the active docket with the scheduling deadlines in PTO # 298 remaining in place; the Clerk is DIRECTED to remove the Inactive flag in each case listed in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/23/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 10/23/2020.]
October 23, 2018	Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Plaintiff's Friends and Family Members on dates and at times to be determined. (Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 12, 2018	Filing 14 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Debra Pickett on 10/30/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
October 4, 2018	Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/23/2020.]
September 26, 2018	Filing 12 NOTICE of Issuing Subpoena to Debra Pickett by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) (Modified on 9/26/2018 to remove link to #11 notice) (kp). [Transferred from West Virginia Southern on 10/23/2020.]
September 26, 2018	Filing 11 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Debra Pickett on 10/11/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
September 25, 2018	Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Debra Pickett on 10/10/18 at 8:30 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/23/2020.]
September 13, 2018	Filing 9 CERTIFICATE OF SERVICE by Ethicon Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) (Modified on 9/17/2018 to remove party filer)(rmc) [Transferred from West Virginia Southern on 10/23/2020.]
August 15, 2018	Filing 8 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) (ts) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
May 17, 2018	Filing 7 PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (mek) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
May 9, 2018	Filing 6 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") (mek) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
April 16, 2018	Filing 5 PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (brn) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
March 29, 2018	Filing 4 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (ts) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
November 17, 2017	Filing 3 INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibit A, the plaintiffs and Ethicon, Inc., Johnson & Johnson, and where named, Ethicon, LLC have agreed to a mutual stay of activity. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk is directed to retire each of the cases listed on the attached Exhibit A from the active docket, 3) any case listed on Exhibit A that has not been dismissed or does not have a motion to reinstate to the active docket filed with the court for consideration by 3/31/2018 will be reinstated to the active docket by order of the court with a shortened Docket Control Order. This Order is linked to the Proposed Inactive Docket Order filed at ECF No. 5045. Signed by Judge Joseph R. Goodwin on 11/17/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 10/23/2020.]
October 9, 2014	Filing 2 TRANSMITTED PRETRIAL ORDER # 134 (ORDER AMENDING PRETRIAL ORDER # 62) entered on 08/14/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 10/23/2020.]
October 8, 2014	Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3476694. (Attachment: #1 Notice of Service Under Delayed Filing Agreement) (kw) [Transferred from West Virginia Southern on 10/23/2020.]

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Plaintiff: DEBRA PICKETT
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Plaintiff: JOHN F. PICKETT, JR.
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Defendant: ETHICON INC
Represented By:	BRETT ASHTON TARVER
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Defendant: JOHNSON & JOHNSON
Represented By:	BRETT ASHTON TARVER
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