Kosakowski et al v. Johnson & Johnson et al
| Gary Kosakowski and Sonia Kosakowski |
| Johnson & Johnson, Ethicon LLC, Ethicon LTD and Ethicon, Inc. |
| 0:2020cv61187 |
| June 16, 2020 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jared M Strauss |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 75
ORDER ADMINISTRATIVELY CLOSING CASE. Any pending motions are DENIED AS MOOT. Signed by Judge Cecilia M. Altonaga on 7/24/2020. See attached document for full details. (wc)
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| Filing 74 NOTICE of Settlement by Gary Kosakowski, Sonia Kosakowski (Robb, Michael) |
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Filing 73
ORDER Scheduling Mediation before Rodney A. Max. Mediation Hearing set for 10/9/2020 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Judge Cecilia M. Altonaga on 7/20/2020. See attached document for full details. (wc)
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| Filing 72 NOTICE of Compliance With D.E. 69 by Ethicon, Inc., Johnson & Johnson re #69 Scheduling Order,, Set/Reset Hearings,, Order Referring Case to Mediation,, Order Referring Case to Magistrate Judge, (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Preston, Amanda) |
| Filing 71 REPLY to Response to Motion re #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment filed by Ethicon, Inc., Johnson & Johnson. (Kruppa, Andrew) |
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Filing 70
DISCOVERY PROCEDURES ORDER re #69 Scheduling Order. Signed by Magistrate Judge Jared M. Strauss on 7/7/2020. See attached document for full details. (osd)
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Filing 69
ORDER SETTING PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Mediation Deadline 10/26/2020. Pretrial Conference set for 12/1/2020 at 02:00 PM before Judge Cecilia M. Altonaga. ORDER REFERRING CASE to Mediation. Mediation Deadline 10/26/2020. ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for all Discovery Matters. Signed by Judge Cecilia M. Altonaga on 7/6/2020. See attached document for full details. (mee)
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| Filing 68 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Scheduling Conference held on 7/6/2020. Total time in court: 30 minutes. Attorney Appearance(s): Amanda Elizabeth Preston, Andrew Russell Kruppa, Leah Marie Fahey, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ab01) |
| Filing 67 PAPERLESS NOTICE of Hearing: Telephonic Scheduling Conference set for 7/6/2020 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. Call-in information remains the same as when originally set. (ps1) |
| Filing 66 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Telephonic Scheduling Conference to discuss the issues relating to the parties' Daubert motions, raised in the Joint Scheduling Report (ECF No. #63 ) reset for 7/7/2020 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. The parties are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (ps1) |
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Filing 65
ORDER re #36 Response in Opposition to Motion, filed by Sonia Kosakowski. Replies due by 7/8/2020. Signed by Judge Cecilia M. Altonaga on 7/1/2020. See attached document for full details. (ps1)
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| Filing 64 PAPERLESS NOTICE of Hearing: Telephonic Scheduling Conference to discuss the issues relating to the parties' Daubert motions, raised in the Joint Scheduling Report (ECF No. #63 ) set for 7/7/2020 11:00 AM in Miami Division before Judge Cecilia M. Altonaga. The parties are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (ps1) |
| Filing 63 Joint Scheduling Report by Ethicon, Inc., Johnson & Johnson re #53 Order Requiring Joint Scheduling Report, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Preston, Amanda) Text Modified on 6/30/2020 (cbr). |
| Filing 62 First Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Gary Kosakowski, Sonia Kosakowski (Robb, Michael) |
| Filing 61 STIPULATION of Dismissal With Prejudice as to Ethicon LLC by Ethicon LLC (Preston, Amanda) |
| Filing 60 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ethicon, Inc., Johnson & Johnson (Preston, Amanda) |
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Filing 59
ORDER granting #58 Unopposed Motion to Withdraw MDL Counsel of Record. Daniel R. Higginbotham; Christopher D. Morris; Susan M. Robinson; David B. Thomas; Philip J. Combs and William M. Gage withdrawn from case Notice of Termination delivered by US Mail to Philip Combs, Daniel Higginbotham, Christopher Morris, Susan Robinson, David Thomas.. Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (wc)
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| Filing 58 Unopposed MOTION to Withdraw as Attorney by William M. Gage, Christopher D. Morris, David R. Higginbotham, David B. Thomas, Philip J. Combs and Susan M. Robinson for / by Ethicon, Inc., Johnson & Johnson. Responses due by 7/1/2020 (Attachments: #1 Exhibit 1)(Preston, Amanda) |
| Filing 57 NOTICE of Attorney Appearance by Amanda Elizabeth Preston on behalf of Ethicon, Inc., Johnson & Johnson. Attorney Amanda Elizabeth Preston added to party Ethicon, Inc.(pty:dft), Attorney Amanda Elizabeth Preston added to party Johnson & Johnson(pty:dft). (Preston, Amanda) |
| Filing 56 NOTICE of Attorney Appearance by Andrew Russell Kruppa on behalf of Ethicon, Inc., Johnson & Johnson. Attorney Andrew Russell Kruppa added to party Ethicon, Inc.(pty:dft), Attorney Andrew Russell Kruppa added to party Johnson & Johnson(pty:dft). (Kruppa, Andrew) |
| Filing 55 Bar Letter re: Admissions sent to attorney Daniel R. Higginbotham, David B. Thomas, Philip J. Combs, Susan M. Robinson, Christopher D. Morris, William M. Gage, mailing date June 17, 2020, (pt) |
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Filing 54
ORDER that the parties shall retain counsel permitted to practice before the Court and notify the Court of such no later than June 26, 2020. Attorneys for the parties shall serve their clients with copies of this Order no later than June 17, 2020. Signed by Judge Cecilia M. Altonaga on 6/16/2020. See attached document for full details. (wc)
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Filing 53
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 6/29/2020. Signed by Judge Cecilia M. Altonaga on 6/16/2020. See attached document for full details. (wc)
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| Filing 52 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (bb) |
| Filing 51 Case transferred in from West Virginia Southern; Case Number 2:16-cv-10955. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 50 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the actions on this conditional remand order to their respective transferor courts; the coordinated or consolidated pretrial proceedings in these civil actions have been completed and that remand to the transferor courts, as provided in 28 U.S.C. 1407(a), is appropriate; these actions are remanded to the transferor courts. Signed by John W. Nichols, Clerk of the Panel on 6/16/2020. (cc: attys) (kew) |
| Filing 49 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 (2723) Memorandum Opinion and Order - Daubert Motion re Shelby Thames, #13 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (2880) - Pls' Mot to Exclude Shelby Thames' Supp Reports, #17 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (3018) - Defs' Resp to Pls' Mot to Exclude Shelby Thames Supp Reports, #19 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (3529) - Order re Pls' Mot to Exclude Shelby Thames, #21 Exhibit MDL ECF (7323) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #22 Exhibit MDL ECF (7399) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) |
| Filing 48 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2035) - Pls' Mot to Exclude Christina Pramudji, #2 Exhibit MDL ECF (2037) - Pls' Mem in Support of Mot to Exclude Christina Pramudji, #3 Exhibit MDL ECF (2153) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #4 Exhibit MDL ECF (2236) - Pls' Reply in Support of Mot to Exclude Christina Pramudji, #5 Exhibit MDL ECF (2530) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #6 Exhibit MDL ECF (2650) Memorandum Opinion and Order - Daubert Motion re Christina Pramudji, #7 Exhibit MDL ECF (7303) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Christina Pramudji, #8 Exhibit MDL ECF (7402) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Christina Pramudji)(Robinson, Susan) |
| Filing 47 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 (7461) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #9 Exhibit MDL ECF (7467) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski)(Robinson, Susan) |
| Filing 46 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 (2225) - Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #5 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jamie 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 (2828) - Pls' Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #10 Exhibit MDL ECF (2829) - Pls' Memo of Law re Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #11 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #12 Exhibit MDL ECF (4376) - Notice of Adoption of Pls' Prior Daubert Motion of Jaime Sepulveda-Toro, #13 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #14 Exhibit MDL ECF (7317) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #15 Exhibit MDL ECF (7439) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro)(Robinson, Susan) |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 Pls' Mot to Exclude Steven Goldwasser, #4 Exhibit MDL ECF (3864) - Pls' Reply in Support of 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 Pls' Mot to Exclude Steven Goldwasser, #8 Exhibit MDL ECF (6312) Memorandum Opinion and Order - Daubert Motion re Steven Goldwasser, #9 Exhibit MDL ECF (7283) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steve Goldwasser, #10 Exhibit MDL ECF (7398) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steve Goldwasser)(Robinson, Susan) |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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 (7335) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (7362) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2681) Memorandum Opinion and Order - Daubert Motion re Margolis, #6 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #9 Exhibit MDL ECF (7331) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Thomas Margolis, #10 Exhibit MDL ECF (7358) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Thomas Margolis)(Robinson, Susan) |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (2667) - Wave 1 Memorandum Opinion and Order (Daubert Motion re Blaivas), #10 Exhibit MDL ECF (3105) - Pls' Motion for Reconsideration of Court's Order Excluding Opinions of Dr. Blaivas, #11 Exhibit MDL ECF (3106) - Pls' MIS of Mot for Reconsideration of Court's Order Excluding Opinions of Dr. Blaivas, #12 Exhibit MDL ECF (3225) - Defs' Resp to Pls' Mot for Reconsideration of Court's Order Excluding Opinions of Dr. Blaivas, #13 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #15 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #16 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #17 Exhibit MDL ECF (7338) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #18 Exhibit MDL ECF (7353) - Notice of Adoption of Pl's Resp to Defs' Mot to Exclude Jerry Blaivas)(Robinson, Susan) |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 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.pdf, #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 (7333) - Notice of Adoption of Defs' Mot to Exclude Scott Guelcher, #18 Exhibit MDL ECF (7355) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #19 Exhibit MDL ECF (7452) - Notice of Adoption of Defs' Reply to Mot to Exclude Scott Guelcher)(Robinson, Susan) |
| Filing 40 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (1987) Part 1 - Defs' Mot to Exclude Duane Priddy, #2 Exhibit MDL ECF (1987) Part 2 - Defs' Mot to Exclude Duane, #3 Exhibit MDL ECF (1987) Part 3 - Defs' Mot to Exclude Duane Priddy, #4 Exhibit MDL ECF (1989) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #5 Exhibit MDL ECF (2168) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #6 Exhibit MDL ECF (2207) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #7 Exhibit MDL ECF (2657) Memorandum Opinion and Order - Daubert Motion re Duane Priddy, #8 Exhibit MDL ECF (3652) Part 1 - Defs' Mot to Exclude Duane Priddy, #9 Exhibit MDL ECF (3652) Part 2 - Defs' Mot to Exclude Duane Priddy, #10 Exhibit MDL ECF (3652) Part 3 - Defs' Mot to Exclude Duane Priddy, #11 Exhibit MDL ECF (3652) Part 4 - Defs' Mot to Exclude Duane Priddy, #12 Exhibit MDL ECF (3652) Part 5 - Defs' Mot to Exclude Duane Priddy, #13 Exhibit MDL ECF (3656) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #14 Exhibit MDL ECF (3753) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #15 Exhibit MDL ECF (3854) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #16 Exhibit MDL ECF (7341) - Notice of Adoption of Defs' Mot to Exclude Duane Priddy, #17 Exhibit MDL ECF (7363) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Duane Priddy, #18 Exhibit MDL ECF (7451) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Duane Priddy)(Robinson, Susan) |
| Filing 39 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (1815) - Notice of Adoption of Prior Expert Reports and Testimony of Dr. Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2668) Memorandum Opinion and Order - Daubert Motion re Bruce Rosenzweig, #10 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (5484) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (7342) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (7364) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) |
| Filing 38 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)(Robinson, Susan) |
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Filing 37
ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/11/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/4/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw)
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| Filing 36 RESPONSE by Sonia Kosakowski in opposition to #34 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)(Robb, Michael) (Modified on 12/14/2018 to remove link to #35 memorandum) (kp). |
| Filing 35 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Higginbotham, Daniel) |
| Filing 34 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibits A - B)(Higginbotham, Daniel) |
| Filing 33 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) (Modified on 10/23/2018 to convert event to notice to take or amend deposition)(rmc) |
| Filing 32 CERTIFICATE OF SERVICE by Sonia Kosakowski for Designation and Disclosure of Rebuttal Expert Witness. (Robb, Michael) |
| Filing 31 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) (Modified on 10/4/2018 to remove party filer)(rmc). |
| Filing 30 NOTICE OF ATTORNEY APPEARANCE by Michael Austin Robb on behalf of Gary Kosakowski, Sonia Kosakowski. (Robb, Michael) |
| Filing 29 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 filers)(rmc) |
| Filing 28 RETURN OF SERVICE ON SUBPOENA for Dr. Zoyla Almeida. (Robinson, Susan) |
| Filing 27 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Zoyla Almeida on 9/28/18 at 11:45 a.m. (Robinson, Susan) |
| Filing 26 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sonia Kosakowski on 9/28/18 at 8:00 a.m. (Robinson, Susan) |
| Filing 25 NOTICE of Filing Plaintiff Fact Sheet by Sonia Kosakowski (Attachments: #1 Exhibit A - Plaintiff Fact Sheet)(Robb, Michael) |
| Filing 24 CERTIFICATE OF SERVICE by Gary Kosakowski, Sonia Kosakowski for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Robb, Michael) |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 20 NOTICE OF FILING PLAINTIFF PROFILE FORM filed by Gary Kosakowski, Sonia Kosakowski. (Attachments: #1 Plaintiff Profile Form, #2 Attachment A Healthcare Provider List)(Robb, Michael) |
| Filing 19 NON-REVISION ELECTION FORM: Continuing with the presently pending case without any waiver pursuant to the Pretrial Order; filed by Gary Kosakowski, Sonia Kosakowski. (Robb, Michael) |
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Filing 18
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) (lca) (ADI)
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Filing 17
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) (klc) (ADI)
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| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Zoyla Almida on 3/7/2018 at 9:00 a.m. (Combs, Philip) |
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Filing 15
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) (ts) (ADI)
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| Filing 14 PLAINTIFF PROFILE FORM filed by Gary Kosakowski, Sonia Kosakowski. (Attachments: #1 Exhibit(s) A-Healthcare Provider List)(Robb, Michael) |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 12 TRANSMITTED PRETRIAL ORDER # 243 (Docket Control Order Wave 4 Cases) entered on 10/25/2016 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) |
| Filing 11 CASE TRANSFERRED IN from the Florida Southern; Case Number 0:16-cv-62510. Original file certified copy of transfer order and docket sheet received. |
| Filing 10 CERTIFIED CONDITIONAL TRANSFER ORDER (CTO-221) transferring case to the Southern District of West Virginia re: MDL 2327 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Joseph R. Goodwin. (Signed by Jeffery N. Lthi Clerk of the Panel). (dj) [Transferred from Florida Southern on 11/16/2016.] |
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Filing 9
Administrative Order Closing Case. Signed by Judge Cecilia M. Altonaga on 11/9/2016. (ps1) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 11/16/2016.]
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| Filing 8 Courtesy Copy of Notice of Potential Tag-Along Action sent before The United States Judicial Panel on Multidistrict Litigation. (Attachments: #1 Schedule of Actions) re: MDL-2327 IN RE: Ethicon, Inc., Pelvic Repair System Products Liability Litigation (gp) [Transferred from Florida Southern on 11/16/2016.] |
| Filing 7 First AMENDED COMPLAINT against Ethicon, Inc., Ethicon, LLC, Ethicon, Ltd., Johnson & Johnson, filed by Sonia Kosakowski, Gary Kosakowski.(Robb, Michael) [Transferred from Florida Southern on 11/16/2016.] |
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Filing 6
ORDER that by October 31, 2016 Plaintiffs shall file an amended complaint or a declaration containing: (1) the names and citizenship of each of Ethicon, LLCs members; and (2) the names and citizenship of each of the John Doe Defendants or an amendment removing them from the action. Failure to comply may result in dismissal without prejudice without further notice. Signed by Judge Cecilia M. Altonaga on 10/25/2016. (wc) [Transferred from Florida Southern on 11/16/2016.]
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| Filing 5 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (lrz1) [Transferred from Florida Southern on 11/16/2016.] |
| Filing 4 Summons Issued as to Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (lrz1) [Transferred from Florida Southern on 11/16/2016.] |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz1) [Transferred from Florida Southern on 11/16/2016.] |
| Filing 2 Judge Assignment to Judge Cecilia M. Altonaga (lrz1) [Transferred from Florida Southern on 11/16/2016.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9194385, filed by Sonia Kosakowski, Gary Kosakowski. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Ethicon Inc, #3 Summon(s) Ethicon LLC, #4 Summon(s) Johnson & Johnson)(Robb, Michael) [Transferred from Florida Southern on 11/16/2016.] |
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