Benestad et al v. Ethicon, Inc. et al
| John T. Benestad and Maria Benestad |
| ETHICON INC, Johnson & Johnson, Ethicon LLC and Ethicon, Inc. |
| 0:2020cv60496 |
| March 6, 2020 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 STIPULATION of Dismissal With Prejudice as to Ethicon LLC by Ethicon LLC (Kruppa, Andrew) |
| Filing 65 Certificate of Other Affiliates/Corporate Disclosure Statement by Ethicon LLC, Ethicon, Inc., Johnson & Johnson (Kruppa, Andrew) |
| Filing 64 NOTICE OF COURT PRACTICE.Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 3/13/2020. (eca) |
| Filing 63 Clerks Notice to Filer re #61 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) |
| Attorney Christy D. Jones; Susan M. Robinson; David B. Thomas; William M. Gage and Beatriz E. Jaramillo terminated. Notice of Termination delivered by US Mail to Christy Jones, Susan Robinson, David Thomas. (ls)(per DE #61 ) |
| Filing 62 NOTICE of Attorney Appearance by Amanda Elizabeth Preston on behalf of ETHICON INC, Ethicon LLC, Johnson & Johnson. Attorney Amanda Elizabeth Preston added to party ETHICON INC(pty:dft), Attorney Amanda Elizabeth Preston added to party Ethicon LLC(pty:dft), Attorney Amanda Elizabeth Preston added to party Johnson & Johnson(pty:dft). (Preston, Amanda) |
| Filing 61 NOTICE of Withdrawal of Counsel by Ethicon LLC, Johnson & Johnson (Kruppa, Andrew) Modified Text on 3/12/2020 (ls). |
| Filing 60 Bar Letter re: Admissions sent to attorney 20-03-06 Christy D. Jones, William M. Gage, David B. Thomas, Susan M. Robinson, mailing date March 6, 2020. (cco) |
| Filing 59 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jua) |
| Filing 58 Case transferred in from West Virginia Southern; Case Number 2:13-cv-16867. Electronic file including transfer order and docket sheet received. .(jua). |
| Filing 57 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 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 Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to 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 (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) |
| Filing 56 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2039) Pls Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) Pls Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) Defs Resp to Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply to 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 Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply to 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 Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) Pls Reply to Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (6857) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (6972) Notice of Adoption of dResponse to Pls Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (7113) Notice of Adoption of Reply in Support of Pls Mot to Exclude Shelby Thames)(Gage, William) |
| Filing 55 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2014) Pls Mot to Exclude Jaime L. Sepulveda-Toro, #2 Exhibit MDL ECF (2018) Pls Mem in Support of Mot to Exclude Jaime L. Sepulveda-Toro, #3 Exhibit MDL ECF (2225) Pls Reply to Mot to Exclude Jaime L. Sepulveda-Toro, #4 Exhibit MDL ECF (4495) Defs Resp to Mot to Exclude Jaime L. Sepulveda-Toro, #5 Exhibit MDL ECF (6849) Notice of Adoption of Pls Mot to Exclude Jaime L. Sepulveda-Toro, #6 Exhibit MDL ECF (6990) Notice of Adoption of Response to Pls Mot to Exclude Jaime L. Sepulveda-Toro, #7 Exhibit MDL ECF (7141) Notice of Adoption of Reply to Pls Mot to Exclude Jaime L. Sepulveda-Toro)(Gage, William) |
| Filing 54 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (3677) Pls Mot to Exclude Steven Goldwasser, #2 Exhibit MDL ECF (3678) Pls Mem in Support of Mot to Exclude Steven Goldwasser, #3 Exhibit MDL ECF (3754) Defs Resp to Mot to Exclude Steven Goldwasser, #4 Exhibit MDL ECF (3864) Pls Reply to Mot to Exclude Steven Goldwasser, #5 Exhibit MDL ECF (4365) Pls Mot to Exclude Steven Goldwasser, #6 Exhibit MDL ECF (4372) Pls Mem in Support of Mot to Exclude Steven Goldwasser, #7 Exhibit MDL ECF (4553) Defs Resp to Mot to Exclude Steven Goldwasser, #8 Exhibit MDL ECF (6801) Notice of Adoption of Pls Mot to Exclude Steven Goldwasser, #9 Exhibit MDL ECF (7024) Notice of Adoption of Response to Pls Mot to Exclude Steven Goldwasser, #10 Exhibit MDL ECF (7132) Notice of Adoption of Reply to Pls Mot to Exclude Steven Goldwasser)(Gage, William) |
| Filing 53 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 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 Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 Defs Resp to Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) Pls Reply to Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (6796) Notice of Adoption of Pls Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (6966) Notice of Adoption of Response to Pls Mot to Exclude Juan Carlos Felix, #9 Exhibit MDL ECF (7093) Notice of Adoption of Reply to Pls Mot to Exclude Juan Carlos Felix)(Gage, William) |
| Filing 52 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (6852) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (6960) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) |
| Filing 51 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (3663) Part 1 - Defs Mot to Exclude Paul J. Michaels, #2 Exhibit MDL ECF (3663) Part 2 - Defs Mot to Exclude Paul J. Michaels, #3 Exhibit MDL ECF (3663) Part 3 - Defs Mot to Exclude Paul J. Michaels, #4 Exhibit MDL ECF (3666) Defs Mem in Support of Mot to Exclude Paul J. Michaels, #5 Exhibit MDL ECF (3792) Pls Resp to Mot to Exclude Paul J. Michaels, #6 Exhibit MDL ECF (3814) - Defs Reply in Support of Mot to Exclude Paul J. Michaels, #7 Exhibit MDL ECF (6830) - Notice of Adoption of Defs Mot to Exclude Paul J. Michaels, #8 Exhibit MDL ECF (6956) Notice of Adoption of Pls' Resp to Mot to Exclude Paul J. Michaels, #9 Exhibit MDL ECF (7129) Notice of Adoption of Reply to Defs Mot to Exclude Paul J. Michaels)(Gage, William) |
| Filing 50 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2029) - Defs Mot to Exclude Michael Thomas Margolis, #2 Exhibit MDL ECF (2031) Defs Mem in Support of Mot to Exclude Michael Thomas Margolis, #3 Exhibit MDL ECF (2169) Pls Resp to Mot to Exclude Michael Thomas Margolis, #4 Exhibit MDL ECF (2212) - Defs Reply in Support of Mot to Exclude Michael Thomas Margolis, #5 Exhibit MDL ECF (2832) - Defs Supp Mot to Exclude Michael Thomas Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) Defs Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) Pls Resp to Defs Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (6868) - Notice of Adoption of Defs Mot and Replies in Support of Mot to Exclude Michael Thomas Margolis, #9 Exhibit MDL ECF (6953) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Michael Thomas Margolis)(Gage, William) |
| Filing 49 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (4573) Part 1 Defs Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (4573) Part 2 Defs Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (4573) Part 3 Defs Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (4573) Part 4 Defs Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (4574) Defs Mem in Support of Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (4675) Part 1 Pls Resp to Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (4675) Part 2 Pls Resp to Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (4692) Defs Reply to Mot to Exclude Scott Guelcher, #9 Exhibit MDL ECF (6641) Notice of Adoption of Defs Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (6951) Notice of Adoption of Pls Response to Defs Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (7120) Notice of Adoption of Reply to Defs Mot to Exclude Scott Guelcher)(Gage, William) |
| Filing 48 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2082) Part 1 - Defs Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2191) Pls Amended Resp to Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2815) Defs Mem in Support of Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2952) Pls Resp to Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (5339) Part 1 - Defs Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (5339) Part 2 - Defs Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (5340) Defs Mem in Support of Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (5491) Pls Resp to Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (6842) - Notice of Adoption of Defs Mot and Mem in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (6922) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Daniel Elliott)(Gage, William) |
| Filing 47 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 (240) Master Answer of Ethicon LLC to First Amended Master Complaint, #4 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) |
Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms)
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| Filing 45 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) |
| Filing 44 RESPONSE TO ORDER TO SHOW CAUSE by John T. Benestad, Maria Benestad (Haberman, Jeffrey) |
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Filing 43
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI)
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Filing 42
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI)
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| Filing 41 RESPONSE by John T. Benestad, Maria Benestad in opposition to #39 Memorandum In Support, #38 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Haberman, Jeffrey) |
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Filing 40
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 39 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #38 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Kruppa, Andrew) |
| Filing 38 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kruppa, Andrew) |
| Filing 37 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #36 Notice of Videotaped Deposition of Steve Goldwasser, M.D. (Gage, William) |
| Filing 36 NOTICE OF VIDEOTAPED DEPOSITION by John T. Benestad, Maria Benestad of Dr. Steve Goldwasser on October 25, 2018 at 8:00 A.M. EDT (Haberman, Jeffrey) |
| Filing 35 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Maria Benestad, John Benestad (Kruppa, Andrew) (Modified on 9/24/2018 to add party filers)(rmc). |
| Filing 34 NOTICE of Issuance of Subpoena to Dr. Mark Mokrzycki by John T. Benestad, Maria Benestad. (Attachment: #1 Exhibit 1 - Subpoena)(Haberman, Jeffrey) |
| Filing 33 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Dr. Amir Shariati on 09/24/2018 at 3:00 PM EDT (Haberman, Jeffrey) |
| Filing 32 NOTICE of Issuance of Subpoena to Mark Mokrzycki, MD by John T. Benestad, Maria Benestad. (Attachment: #1 Exhibit 1)(Haberman, Jeffrey) |
| Filing 31 AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Dr. Amir Shariati on 09/24/2018 at 3:00 PM EDT (Haberman, Jeffrey) |
| Filing 30 FOURTH AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Dr. Michael P. Zahalsky on 9/14/2018 at 2:00 p.m. (Haberman, Jeffrey) |
| Filing 29 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) |
| Filing 28 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Michael P. Zahalsky, M.D. on 8/31/2018 at 2:00 p.m.(Haberman, Jeffrey) |
| Filing 27 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Dr. Michael P. Zahalsky on 7/27/18 at 2:00 p.m. (Haberman, Jeffrey) |
| Filing 25 CERTIFICATE OF SERVICE by John T. Benestad, Maria Benestad for Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) |
| Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Kruppa, Andrew) |
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Filing 26
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (mmw)
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| Filing 23 CERTIFICATE OF SERVICE by John T. Benestad, Maria Benestad for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Haberman, Jeffrey) |
| Filing 22 CERTIFICATE OF SERVICE by John T. Benestad, Maria Benestad for Interrogatories, Requests for Production and Requests for Admissions. (Haberman, Jeffrey) |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission, and Requests for Production to Plaintiff. (Kruppa, Andrew) |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Maria Benestad on April 23, 2018 at 9:00 a.m. (Kruppa, Andrew) |
| Filing 19 CERTIFICATE OF SERVICE by John T. Benestad, Maria Benestad for Plaintiff Fact Sheet. (Haberman, Jeffrey) |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew R. Kruppa on behalf of Ethicon, Inc., Johnson & Johnson. (Kruppa, Andrew) |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Beatriz E. Jaramillo on behalf of Ethicon, Inc., Johnson & Johnson. (Jaramillo, Beatriz) |
| Filing 16 AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Michael P. Zahalsky, M.D. on 3/20/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 15 AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Mark L. Mokrzycki, M.D. on 3/21/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 14 AMENDED NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Amir Shariati, M.D. on 3/22/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 13 NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Amir Shariati, M.D. on 3/22/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 12 NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Mark L. Mokrzycki, M.D. on 3/21/2018 at 9:00 a.m. (Haberman, Jeffrey) |
| Filing 11 NOTICE OF VIDEO DEPOSITION by John T. Benestad, Maria Benestad of Michael P. Zahalsky, M.D. on 3/20/2018 at 9:00 a.m. (Haberman, Jeffrey) |
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Filing 10
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (lca) (ADI)
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| Filing 9 PLAINTIFF PROFILE FORM filed by John T. Benestad, Maria Benestad. (Attachments: #1 Exhibit(s) 1)(Haberman, Jeffrey) |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jeffrey L. Haberman on behalf of Maria Benestad. (Haberman, Jeffrey) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) |
| Filing 4 SUMMONS RETURNED EXECUTED for Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Ethicon, Inc. served on 7/12/2013, answer due 8/2/2013; Ethicon, LLC served on 7/12/2013, answer due 8/2/2013; Johnson & Johnson served on 7/15/2013, answer due 8/5/2013. (Attachments: #1 Certificate of Service, #2 Certificate of Service)(Patrick, Charles) |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 53 (AGREED ORDER AND STIPULATION REGARDING THIRD PARTY SUBPOENAS) entered on 06/12/2013 in MDL 2327 to attorneys in member case. (jap) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons, #2 Summons) (jws) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2514861. (Attachment: #1 Civil Cover Sheet) (jws) |
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