Batson v. Ethicon, Inc. et al
Plaintiff: Deborah G. Batson
Defendant: Ethicon, Inc., Johnson & Johnson and Ethicon LLC
Case Number: 9:2020cv80861
Filed: May 29, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2020 Opinion or Order Filing 207 ORDER CLOSING CASE. The above-styled action is DISMISSED WITH PREJUDICE. The Clerk of Court shall CLOSE THIS CASE and DENY all pending motions AS MOOT. Each party shall bear their own fees and costs. Motions terminated: #148 Defendant's MOTION in Limine , #140 Defendant's MOTION in Limine, #144 Defendant's MOTION in Limine , #145 Defendant's MOTION in Limine, #110 Plaintiff's MOTION in Limine, #139 Plaintiff's MOTION in Limine, #133 Defendant's MOTION in Limine #132 Defendant's MOTION in Limine, #113 Plaintiff's MOTION in Limine, #126 Plaintiff's MOTION in Limine, #131 Defendant's MOTION in Limine, #141 Defendant's MOTION in Limine, #147 Defendant's MOTION in Limine, #117 MOTION Motion to Exclude Peggy Pence, PH.D. and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #135 Defendant's MOTION in Limine, #129 Defendant's MOTION in Limine, #136 Defendant's MOTION in Limine, #111 Plaintiff's MOTION in Limine, #130 Defendant's MOTION in Limine , #134 Defendant's MOTION in Limine, #146 Defendant's MOTION in Limine, #49 MOTION by Deborah G. Batson for Partial Summary Judgment on Defendants' Separate Defenses filed by Deborah G. Batson, #142 Defendant's MOTION in Limine, #119 MOTION Defendants' Motion to Preserve Objections to the Opinions and Testimony of Jimmy W. Mays, PH.D. and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #118 MOTION in Limine, #45 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case Specific Opinions of Daniel Elliott, M.D. filed by Johnson & Johnson, Ethicon, Inc., #122 MOTION Defendants' Motion to Exclude General Causation Opinions of Jerry Blaivas M.D. and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #120 MOTION Defendants' Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #137 Defendant's MOTION in Limine No. 9 to Exclude Evidence of Material Safety Data Sheets and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #121 MOTION to Exclude General Causation Opinions of Daniel Elliott, M.D. and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #150 Defendant's MOTION in Limine No. 19 to Exclude Evidence of Certain Post 2011 FDA Regulatory Actions and Other Regulatory Issues and Incorporated Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., #112 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF JAIME L. SEPULVEDA-TORO, M.D. AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson, #43 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment filed by Johnson & Johnson, Ethicon, Inc., #42 MOTION by Deborah G. Batson for Leave to File Amended Short Form Complaint to Add Defendant Based on New Evidence Adduced During Deposition filed by Deborah G. Batson, #109 Plaintiff's MOTION in Limine PLAINTIFF'S MOTION TO PRECLUDE OR LIMIT OPINIONS OF DEFENSE EXPERT C. BRYCE BOWLING AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson, #125 Plaintiff's MOTION in Limine, #138 Defendant's MOTION in Limine, #143 Defendant's MOTION in Limine, #149 Defendant's MOTION for Leave to File Supplemental Motion for Summary Judgment and Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc.. Signed by Judge Donald M. Middlebrooks on 8/6/2020. See attached document for full details. (amb) Modified text on 8/6/2020 (asl).
August 5, 2020 Filing 206 STIPULATION of Dismissal Joint Stipulation of Dismissal of All Claims with Prejudice by Ethicon, Inc., Johnson & Johnson (Kruppa, Andrew)
July 27, 2020 Opinion or Order Filing 205 PAPERLESS Order Cancelling Settlement Conference. In light of the parties' Joint Notice of Settlement [DE 203], the Settlement Conference scheduled for July 28, 2020, is hereby CANCELLED. Signed by Magistrate Judge William Matthewman on 7/27/2020. (zsa)
July 27, 2020 Opinion or Order Filing 204 PAPERLESS ORDER. On July 27, 2020, the Parties filed a Joint Notice of Settlement (DE #203 ). The Court congratulates the Parties on their amicable resolution of this matter and, as requested, will allow the Parties to file closing documents on August 7, 2020. The court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if requested to do so in the closing documents. The Court declines to enter a stay, but will extend all pending deadlines until August 7, 2020. Further, the Parties settlement conference with Magistrate Judge Matthewman scheduled for July 28, 2020 is hereby canceled. Signed by Judge Donald M. Middlebrooks on 7/27/2020. (gts)
July 27, 2020 Filing 203 NOTICE of Settlement by Ethicon, Inc., Johnson & Johnson (Preston, Amanda)
July 27, 2020 Filing 202 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Telephone Status Conference on Settlement Conference held on 7/27/2020. The parties informed the Court that the case was settled over the weekend. The parties will file a Notice of Settlement and request that the Settlement Conference be cancelled. Total time in court: 12 minutes. Attorney Appearance(s): James Robert Hail for Plaintiff; Andrew Russell Kruppa and Donna Brown Jacobs for Defendants. (Digital 12:04:16) (kza)
July 27, 2020 Opinion or Order Filing 201 PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for 7/27/2020 12:00 PM before Magistrate Judge William Matthewman. At that time, counsel shall attend the hearing by dialing 1-888-278-0296 five minutes prior to the start of the hearing. Enter access code number 2301774. Counsel for the parties must use a land line if one is reasonably available, and they shall not use the speaker phone or hands-free functions as they distort the audibility of the hearing. Counsel shall not conduct calls in public places or while driving or in a moving car. In the event any member of the public wishes to attend and listen to the hearing, they may do so by calling into the number listed above, using the same access code. All attendees shall put their phones on mute when not speaking. Finally, all counsel shall announce their names when about to speak and shall wait to be called on by the Court before speaking. Signed by Magistrate Judge William Matthewman on 7/27/2020. (zsa)
July 24, 2020 Opinion or Order Filing 200 PAPERLESS ORDER granting #199 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Donna Brown Jacobs. Signed by Judge Donald M. Middlebrooks on 7/24/2020. (gts)
July 23, 2020 Filing 199 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Donna Brown Jacobs. Filing Fee $ 200.00 Receipt # AFLSDC-13229502 by Ethicon, Inc., Johnson & Johnson. Responses due by 8/6/2020 (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Kruppa, Andrew)
July 22, 2020 Filing 198 REPLY to Response to Motion re #117 MOTION Motion to Exclude Peggy Pence, PH.D. and Incorporated Memorandum of Law filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1)(Preston, Amanda)
July 22, 2020 Filing 197 REPLY to Response to Motion re #119 MOTION Defendants' Motion to Preserve Objections to the Opinions and Testimony of Jimmy W. Mays, PH.D. and Incorporated Memorandum of Law filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A)(Preston, Amanda)
July 22, 2020 Filing 196 REPLY to Response to Motion re #120 MOTION Defendants' Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge and Incorporated Memorandum of Law filed by Ethicon, Inc., Johnson & Johnson. (Preston, Amanda)
July 22, 2020 Filing 195 REPLY to Response to Motion re #121 MOTION to Exclude General Causation Opinions of Daniel Elliott, M.D. and Incorporated Memorandum of Law filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Preston, Amanda)
July 22, 2020 Filing 194 REPLY to Response to Motion re #122 MOTION Defendants' Motion to Exclude General Causation Opinions of Jerry Blaivas M.D. and Incorporated Memorandum of Law 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)(Preston, Amanda)
July 22, 2020 Filing 193 REPLY to Response to Motion re #118 MOTION in Limine to Exclude Alternative Expert Timothy Ulatowski and Incorporated Memorandum of Law filed by Deborah G. Batson. (Haberman, Jeffrey)
July 22, 2020 Filing 192 REPLY to Response to Motion re #113 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE OR LIMIT THE OPINIONS AND TESTIMONY OF SHELBY THAMES, PH.D., AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson. (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)(Haberman, Jeffrey)
July 22, 2020 Filing 191 REPLY to Response to Motion re #112 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF JAIME L. SEPULVEDA-TORO, M.D. AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 22, 2020 Filing 190 REPLY to Response to Motion re #111 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF DR. PETER L. ROSENBLATT AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson. (Haberman, Jeffrey)
July 22, 2020 Filing 189 REPLY to Response to Motion re #110 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE EXPERT TESTIMONY OF STEVEN GOLDWASSER, MD AND INCORPORATED MEMORANDUM OF LAW filed by Deborah G. Batson. (Attachments: #1 Exhibit A)(Haberman, Jeffrey)
July 20, 2020 Filing 188 RESPONSE in Opposition re #149 Defendant's MOTION for Leave to File Supplemental Motion for Summary Judgment and Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 187 RESPONSE to Motion re #148 Defendant's MOTION in Limine No. 20 to Exclude Evidence or Argument Regarding Foreign Regulatory Issues and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 186 RESPONSE to Motion re #150 Defendant's MOTION in Limine No. 19 to Exclude Evidence of Certain Post 2011 FDA Regulatory Actions and Other Regulatory Issues and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 185 RESPONSE to Motion re #147 Defendant's MOTION in Limine No. 18 to Limit In-Court Demonstrations with Exemplar Mesh and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 184 RESPONSE to Motion re #146 Defendant's MOTION in Limine No. 17 to Preclude Improper References to Documents Produced During Discovery or to any Documents Not Disseminated Publicly as Confidential or Secret Company Documents and Incorporated Memorandum of Laws filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 183 RESPONSE to Motion re #145 Defendant's MOTION in Limine No. 16 to Preclude Evidence or Argument Concerning Other Lawsuits, Claims or Investigations and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 182 RESPONSE to Motion re #144 Defendant's MOTION in Limine No. 15 to Exclude Evidence or Argument Concerning the Recall of the Protegen Device and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 181 RESPONSE to Motion re #143 Defendant's MOTION in Limine No. 14 to Preclude Plaintiffs' Experts from Testifying as Representative Surgeons or Consumers of Pelvic Mesh and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 180 RESPONSE to Motion re #142 Defendant's MOTION in Limine No. 13 to Exclude February 19, 2009 Email from Dr. Fah Che Leong and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Attachments: #1 Exhibit 1)(Haberman, Jeffrey)
July 20, 2020 Filing 179 RESPONSE to Motion re #141 Defendant's MOTION in Limine No. 12 to Exclude Irrelevant and Unduly Prejudicial Company Documents and Emails and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 20, 2020 Filing 178 RESPONSE to Motion re #140 Defendant's MOTION in Limine No 11 to Exclude Evidence of Plaintiff's Allegations of Spoliation and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Attachments: #1 Exhibit A)(Haberman, Jeffrey)
July 20, 2020 Filing 177 RESPONSE in Opposition re #138 Defendant's MOTION in Limine No. 10 to Preclude Improper Reptile Theory Arguments, Questioning and Tactics at Trial and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 176 RESPONSE to Motion re #137 Defendant's MOTION in Limine No. 9 to Exclude Evidence of Material Safety Data Sheets and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 175 RESPONSE to Motion re #136 Defendant's MOTION in Limine No. 8 to Exclude the May 2008 Prolift IDI's and Related Company Witness Testimony and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 174 RESPONSE to Motion re #135 Defendant's MOTION in Limine No. 7 to Preclude Evidence of Complications Plaintiff has not Experienced and Alleged Defects Not Causally Related to Plaintiff's Injuries and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 20, 2020 Filing 173 RESPONSE in Opposition re #126 Plaintiff's MOTION in Limine PLAINTIFFS OMNIBUS MOTIONS IN LIMINE ON GENERAL ISSUES AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/27/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Kruppa, Andrew)
July 20, 2020 Filing 172 RESPONSE in Opposition re #125 Plaintiff's MOTION in Limine PLAINTIFFS OMNIBUS MOTIONS IN LIMINE NOS. 18 - 23 ON CASE SPECIFIC ISSUES AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/27/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kruppa, Andrew)
July 20, 2020 Filing 171 RESPONSE to Motion re #134 Defendant's MOTION in Limine No. 6 to Exclude Evidence and Argument Regarding Revisions to the Prolift and TVT Instructions for Use and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 170 RESPONSE to Motion re #133 Defendant's MOTION in Limine No. 5 to Exclude Evidence or Argument Regarding the Discontinuation of Prolift and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 20, 2020 Filing 169 RESPONSE to Motion re #132 Defendant's MOTION in Limine No. 4 to Preclude Improper Legal Conclusions and Testimony Regarding Corporate State of Mind by Plaintiff's Experts and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 168 RESPONSE to Motion re #131 Defendant's MOTION in Limine No. 3 to Preclude Plaintiff's Expert Witnesses from Acting as Conduits for Corporate Documents and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 167 RESPONSE to Motion re #130 Defendant's MOTION in Limine No. 2 to Exclude Evidence or Argument Regarding Media Reports and Documentaries and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 20, 2020 Filing 166 RESPONSE to Motion re #129 Defendant's MOTION in Limine No. 1 to Exclude Evidence or Argument Relating to Ethicon's Duty to Warn and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/27/2020. (Haberman, Jeffrey)
July 17, 2020 Filing 165 RESPONSE in Opposition re #118 MOTION in Limine to Exclude Alternative Expert Timothy Ulatowski and Incorporated Memorandum of Law filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kruppa, Andrew)
July 17, 2020 Filing 164 RESPONSE in Opposition re #113 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE OR LIMIT THE OPINIONS AND TESTIMONY OF SHELBY THAMES, PH.D., AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (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)(Kruppa, Andrew)
July 17, 2020 Filing 163 RESPONSE to Motion re #109 Plaintiff's MOTION in Limine PLAINTIFF'S MOTION TO PRECLUDE OR LIMIT OPINIONS OF DEFENSE EXPERT C. BRYCE BOWLING AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (Attachments: #1 Errata 1)(Preston, Amanda)
July 17, 2020 Filing 162 RESPONSE in Opposition re #111 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF DR. PETER L. ROSENBLATT AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kruppa, Andrew)
July 17, 2020 Filing 161 RESPONSE in Opposition re #112 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF JAIME L. SEPULVEDA-TORO, M.D. AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kruppa, Andrew)
July 17, 2020 Filing 160 RESPONSE in Opposition re #110 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE EXPERT TESTIMONY OF STEVEN GOLDWASSER, MD AND INCORPORATED MEMORANDUM OF LAW filed by Ethicon, Inc., Johnson & Johnson. Replies due by 7/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kruppa, Andrew)
July 17, 2020 Filing 159 RESPONSE in Opposition re #117 MOTION Motion to Exclude Peggy Pence, PH.D. and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/24/2020. (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)(Haberman, Jeffrey)
July 17, 2020 Filing 158 RESPONSE in Opposition re #119 MOTION Defendants' Motion to Preserve Objections to the Opinions and Testimony of Jimmy W. Mays, PH.D. and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Haberman, Jeffrey)
July 17, 2020 Filing 157 RESPONSE in Opposition re #121 MOTION to Exclude General Causation Opinions of Daniel Elliott, M.D. and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/24/2020. (Haberman, Jeffrey)
July 17, 2020 Filing 156 RESPONSE in Opposition re #120 MOTION Defendants' Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/24/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Haberman, Jeffrey)
July 17, 2020 Filing 155 RESPONSE in Opposition re #122 MOTION Defendants' Motion to Exclude General Causation Opinions of Jerry Blaivas M.D. and Incorporated Memorandum of Law filed by Deborah G. Batson. Replies due by 7/24/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Haberman, Jeffrey)
July 16, 2020 Opinion or Order Filing 154 ORDER MEMORIALIZING COURT RULINGS AT DISCOVERY HEARING. All documents that exist reflecting this information, except for 1099s, shall be produced along with the spreadsheet. Other than the spreadsheet, there is no need to create any documents to reflect this information. Plaintiff must produce the verified spreadsheet and supporting documents by or before 5:00 PM EST on July 31, 2020. The information produced pursuant to this order shall be used only in this case. However, in other matters concerning Dr. Elliots compensation information, defense counsel can make those courts aware of this order. Signed by Magistrate Judge Dave Lee Brannon on 7/16/2020. See attached document for full details. (amb)
July 16, 2020 Filing 153 PAPERLESS MINUTE ENTRY for proceedings before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 7/16/20. Attorney Appearances: James Robert Hail, Jeffrey Louis Haberman, and G. Paul Howes for Plaintiff || Andrew Russell Kruppa and Amanda Elizabeth Preston for Defendants. Court hears from counsel. Rulings made on the record. Order memorializing those rulings to follow. AT&T Teleconference Recording: 14:29 || Time in Court: 31 mins.) (jb02)
July 13, 2020 Opinion or Order Filing 152 PAPERLESS ORDER granting in part and denying in part #151 the Parties' Joint Motion for Extension of Time. The Parties seek a 14-day extension of the deadline to file their Joint Pretrial Stipulation and state in support that this extension is necessary due to the complicated nature of this case. I find good cause to grant the requested relief in part. Accordingly, the deadline for the Parties to file their Joint Pretrial Stipulation is extended to August 3, 2020 . At this juncture, I do not find that it is necessary to extend the deadline for the Parties to file objections to deposition testimony or the deadline for the Parties to file jury instructions or proposed findings of fact and conclusions of law. Signed by Judge Donald M. Middlebrooks on 7/13/2020. (gts)
July 9, 2020 Filing 151 MOTION for Extension of Time JOINT MOTION FOR ENLARGEMENT OF TIME TO FILE JOINT PRETRIAL STIPULATION by Deborah G. Batson. Responses due by 7/23/2020 (Attachments: #1 Text of Proposed Order)(Haberman, Jeffrey)
July 6, 2020 Filing 150 Defendant's MOTION in Limine No. 19 to Exclude Evidence of Certain Post 2011 FDA Regulatory Actions and Other Regulatory Issues and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Kruppa, Andrew)
July 6, 2020 Filing 149 Defendant's MOTION for Leave to File Supplemental Motion for Summary Judgment and Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Preston, Amanda)
July 6, 2020 Filing 148 Defendant's MOTION in Limine No. 20 to Exclude Evidence or Argument Regarding Foreign Regulatory Issues and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kruppa, Andrew)
July 6, 2020 Filing 147 Defendant's MOTION in Limine No. 18 to Limit In-Court Demonstrations with Exemplar Mesh and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kruppa, Andrew)
July 6, 2020 Filing 146 Defendant's MOTION in Limine No. 17 to Preclude Improper References to Documents Produced During Discovery or to any Documents Not Disseminated Publicly as Confidential or Secret Company Documents and Incorporated Memorandum of Laws by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Kruppa, Andrew)
July 6, 2020 Filing 145 Defendant's MOTION in Limine No. 16 to Preclude Evidence or Argument Concerning Other Lawsuits, Claims or Investigations and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruppa, Andrew)
July 6, 2020 Filing 144 Defendant's MOTION in Limine No. 15 to Exclude Evidence or Argument Concerning the Recall of the Protegen Device and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1)(Kruppa, Andrew)
July 6, 2020 Filing 143 Defendant's MOTION in Limine No. 14 to Preclude Plaintiffs' Experts from Testifying as Representative Surgeons or Consumers of Pelvic Mesh and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1)(Kruppa, Andrew)
July 6, 2020 Filing 142 Defendant's MOTION in Limine No. 13 to Exclude February 19, 2009 Email from Dr. Fah Che Leong and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kruppa, Andrew)
July 6, 2020 Filing 141 Defendant's MOTION in Limine No. 12 to Exclude Irrelevant and Unduly Prejudicial Company Documents and Emails and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Kruppa, Andrew)
July 6, 2020 Filing 140 Defendant's MOTION in Limine No 11 to Exclude Evidence of Plaintiff's Allegations of Spoliation and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kruppa, Andrew)
July 6, 2020 Filing 139 Plaintiff's MOTION in Limine Plaintiffs Motion to Strike Defendants Experts For Failure to Limit Disclosures to Five Experts and Incorporated Memorandum of Law by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Haberman, Jeffrey)
July 6, 2020 Filing 138 Defendant's MOTION in Limine No. 10 to Preclude Improper Reptile Theory Arguments, Questioning and Tactics at Trial and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruppa, Andrew)
July 6, 2020 Filing 137 Defendant's MOTION in Limine No. 9 to Exclude Evidence of Material Safety Data Sheets and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kruppa, Andrew)
July 6, 2020 Filing 136 Defendant's MOTION in Limine No. 8 to Exclude the May 2008 Prolift IDI's and Related Company Witness Testimony and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruppa, Andrew)
July 6, 2020 Filing 135 Defendant's MOTION in Limine No. 7 to Preclude Evidence of Complications Plaintiff has not Experienced and Alleged Defects Not Causally Related to Plaintiff's Injuries and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruppa, Andrew)
July 6, 2020 Filing 134 Defendant's MOTION in Limine No. 6 to Exclude Evidence and Argument Regarding Revisions to the Prolift and TVT Instructions for Use and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kruppa, Andrew)
July 6, 2020 Filing 133 Defendant's MOTION in Limine No. 5 to Exclude Evidence or Argument Regarding the Discontinuation of Prolift and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kruppa, Andrew)
July 6, 2020 Filing 132 Defendant's MOTION in Limine No. 4 to Preclude Improper Legal Conclusions and Testimony Regarding Corporate State of Mind by Plaintiff's Experts and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit `)(Kruppa, Andrew)
July 6, 2020 Filing 131 Defendant's MOTION in Limine No. 3 to Preclude Plaintiff's Expert Witnesses from Acting as Conduits for Corporate Documents and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Kruppa, Andrew)
July 6, 2020 Filing 130 Defendant's MOTION in Limine No. 2 to Exclude Evidence or Argument Regarding Media Reports and Documentaries and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Kruppa, Andrew)
July 6, 2020 Filing 129 Defendant's MOTION in Limine No. 1 to Exclude Evidence or Argument Relating to Ethicon's Duty to Warn and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kruppa, Andrew)
July 6, 2020 Opinion or Order Filing 128 PAPERLESS ORDER granting #127 the Parties' Joint Motion for Extension of Time. The Parties request a 7-day extension the response and reply deadlines for all Daubert motions and state in support that this extension is necessary due to the complicated nature of these motions. I find good cause to grant the requested relief. Accordingly, the deadline for the Parties to file responses to all Daubert motions is extended until July 17, 2020 and the deadline for the Parties to file replies is extended until July 22, 2020. Signed by Judge Donald M. Middlebrooks on 7/6/2020. (gts)
July 6, 2020 Filing 127 Joint MOTION for Extension of Time to File Responses and Replied to Daubert Motions re 101 Order,,,,, by Ethicon, Inc., Johnson & Johnson. Responses due by 7/20/2020 (Kruppa, Andrew)
July 6, 2020 Filing 126 Plaintiff's MOTION in Limine PLAINTIFFS OMNIBUS MOTIONS IN LIMINE ON GENERAL ISSUES AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (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)(Haberman, Jeffrey)
July 6, 2020 Filing 125 Plaintiff's MOTION in Limine PLAINTIFFS OMNIBUS MOTIONS IN LIMINE NOS. 18 - 23 ON CASE SPECIFIC ISSUES AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 6, 2020 Opinion or Order Filing 124 PAPERLESS ORDER granting #115 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sean W. Gallagher. Signed by Judge Donald M. Middlebrooks on 7/6/2020. (gts)
July 6, 2020 Opinion or Order Filing 123 PAPERLESS ORDER granting #116 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Karma M. Giulianelli. Signed by Judge Donald M. Middlebrooks on 7/6/2020. (gts)
July 3, 2020 Filing 122 MOTION Defendants' Motion to Exclude General Causation Opinions of Jerry Blaivas M.D. and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Kruppa, Andrew)
July 3, 2020 Filing 121 MOTION to Exclude General Causation Opinions of Daniel Elliott, M.D. and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Preston, Amanda)
July 3, 2020 Filing 120 MOTION Defendants' Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge and Incorporated Memorandum of Law 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)(Kruppa, Andrew)
July 3, 2020 Filing 119 MOTION Defendants' Motion to Preserve Objections to the Opinions and Testimony of Jimmy W. Mays, PH.D. and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kruppa, Andrew)
July 3, 2020 Filing 118 MOTION in Limine to Exclude Alternative Expert Timothy Ulatowski and Incorporated Memorandum of Law by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Haberman, Jeffrey)
July 3, 2020 Filing 117 MOTION Motion to Exclude Peggy Pence, PH.D. and Incorporated Memorandum of Law by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kruppa, Andrew)
July 3, 2020 Filing 116 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karma M. Giulianelli. Filing Fee $ 200.00 Receipt # AFLSDC-13126694 by Ethicon, Inc., Johnson & Johnson. Responses due by 7/17/2020 (Attachments: #1 Exhibit Text of Proposed Order)(Kruppa, Andrew)
July 3, 2020 Filing 115 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sean W. Gallagher. Filing Fee $ 200.00 Receipt # AFLSDC-13126678 by Ethicon, Inc., Johnson & Johnson. Responses due by 7/17/2020 (Attachments: #1 Exhibit Text of Proposed Order)(Kruppa, Andrew)
July 2, 2020 Opinion or Order Filing 114 PAPERLESS ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon Defense counsel's notice of a discovery dispute requiring Court intervention, a discovery hearing is set for 3:30 P.M. on Thursday, July 16, 2020, before U.S. Magistrate Judge Dave Lee Brannon. One hour is reserved. In light of the current pandemic, counsel shall appear by telephone. Instructions for appearances: dial (888) 808-6929 from a landline and enter access code 2036573. Signed by Magistrate Judge Dave Lee Brannon on 7/2/2020. (jb02)
July 2, 2020 Filing 113 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE OR LIMIT THE OPINIONS AND TESTIMONY OF SHELBY THAMES, PH.D., AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (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)(Haberman, Jeffrey)
July 2, 2020 Filing 112 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF JAIME L. SEPULVEDA-TORO, M.D. AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Haberman, Jeffrey)
July 2, 2020 Filing 111 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO LIMIT THE OPINIONS AND TESTIMONY OF DR. PETER L. ROSENBLATT AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Haberman, Jeffrey)
July 2, 2020 Filing 110 Plaintiff's MOTION in Limine PLAINTIFFS MOTION TO EXCLUDE EXPERT TESTIMONY OF STEVEN GOLDWASSER, MD AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Haberman, Jeffrey)
July 2, 2020 Filing 109 Plaintiff's MOTION in Limine PLAINTIFF'S MOTION TO PRECLUDE OR LIMIT OPINIONS OF DEFENSE EXPERT C. BRYCE BOWLING AND INCORPORATED MEMORANDUM OF LAW by Deborah G. Batson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Haberman, Jeffrey)
July 2, 2020 Opinion or Order Filing 108 PAPERLESS ORDER granting #106 Motion to Withdraw as Attorney. Good cause being shown, attorneys Christian D. Searcy and Donald Jack Ward III shall have no further responsibility in this matter and shall be removed from the CM/ECF notification system and from the certificates of service for all pleadings, correspondence, and orders. All other counsel for Plaintiff, Deborah S. Batson, shall continue to represent Plaintiff in this matter. Signed by Judge Donald M. Middlebrooks on 7/2/2020. (gts)
July 1, 2020 Opinion or Order Filing 107 ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VIDEO TELECONFERENCE (VTC): (Settlement Conference Via Zoom Video Teleconference set for 7/28/2020 at 10:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman.) Confidential Settlement Memoranda to be emailed by 5:00 p.m. on July 23, 2020. Signed by Magistrate Judge William Matthewman on 7/1/2020. See attached document for full details. (kza)
July 1, 2020 Filing 106 MOTION to Withdraw as Attorney by Donald J. Ward, III and Christian D. Searcy for / by Deborah G. Batson. Responses due by 7/15/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Ward, Donald)
July 1, 2020 Filing 105 NOTICE of Attorney Appearance by Jeffrey Louis Haberman on behalf of Deborah G. Batson. Attorney Jeffrey Louis Haberman added to party Deborah G. Batson(pty:pla). (Haberman, Jeffrey)
June 23, 2020 Opinion or Order Filing 104 ORDER Setting Discovery Procedure. Signed by Magistrate Judge Dave Lee Brannon on 6/23/2020. See attached document for full details. (spe)
June 23, 2020 Opinion or Order Filing 103 ORDER REFERRING SETTLEMENT CONFERENCE TO MAGISTRATE JUDGE William Matthewman for Settlement Conference. The Parties must contact Judge Matthewmans Chambers (561.803.3440) on or before June 29, 2020 with at least three proposed conference dates. Signed by Judge Donald M. Middlebrooks on 6/23/2020. See attached document for full details. (amb)
June 23, 2020 Opinion or Order Filing 102 ORDER REFERRING MOTIONS to Magistrate Judge Dave Lee Brannon for Discovery motions for appropriate disposition. The Parties are advised that all discovery issues raised in their Joint Status Report (DE 94) must be re-raised in accordance with Judge Brannons forthcoming Discovery Order. Signed by Judge Donald M. Middlebrooks on 6/23/2020. See attached document for full details. (amb)
June 23, 2020 Opinion or Order Filing 101 PAPERLESS ORDER. On June 18, 2020, the Parties filed a Joint Status Report. (DE #94 ). In their Status Report, the Parties include several requests for relief which the Parties have not separately moved for elsewhere on the docket. One such request is a request to supplement summary judgment. The Court shall entertain all such non-discovery requests for relief through separately filed Motions and will not decide these issues on the basis of the Parties' argument within the Statute Report. The Parties are encouraged to file all motions promptly to ensure expeditious resolution of all outstanding issues in advance of trial. Additionally, based on the Status Report, I find that it will aid clarity of the docket for the Parties to re-file separate motions as to each expert for which a Daubert Motion has been filed. All Daubert Motions must be filed on or before July 3, 2020. Responses shall be filed on or before July 10, 2020, and replies, if necessary, shall be filed on or before July 15, 2020. Finally, based on the Parties' Joint Status Report, it appears that the following non-Daubert Motions are currently pending, as indicated by their Docket Entry numbers: DE 42, 43, 45, 49 (excluding Memoranda of Law which are filed separately from these Motions). To the extent that other Motions are pending which are not included in this list, the Parties shall promptly file a Notice indicating as much. Signed by Judge Donald M. Middlebrooks on 6/23/2020. (gts)
June 22, 2020 Opinion or Order Filing 100 PAPERLESS ORDER granting #97 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James R. Hail. James R. Hail may participate in this matter on behalf of Plaintiff Deborah Batson. The Clerk of Court shall provide all electronic filings to James R. Hail at jim@haillawoffice.com. Signed by Judge Donald M. Middlebrooks on 6/22/2020. (gts)
June 22, 2020 Opinion or Order Filing 99 PAPERLESS ORDER granting #96 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney G. Paul Howes. G. Paul Howes may participate in this matter on behalf of Plaintiff Deborah Batson. The Clerk of Court shall provide all electronic filings to G. Paul Howes at gpaulhowes@gmail.com. Signed by Judge Donald M. Middlebrooks on 6/22/2020. (gts)
June 22, 2020 Opinion or Order Filing 98 PAPERLESS ORDER granting #95 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John A. Lowther. John A. Lowther may participate in this matter on behalf of Plaintiff Deborah Batson. The Clerk of Court shall provide all electronic filings to John A. Lowther at john@doylelowther.com. Signed by Judge Donald M. Middlebrooks on 6/22/2020. (gts)
June 19, 2020 Filing 97 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James R. Hail. Filing Fee $ 200.00 Receipt # AFLSDC-13056703 by Deborah G. Batson. Responses due by 7/6/2020 (Attachments: #1 Certification Certification of James R. Hail, #2 Text of Proposed Order Proposed Order)(Ward, Donald)
June 19, 2020 Filing 96 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for G. Paul Howes. Filing Fee $ 200.00 Receipt # AFLSDC-13056679 by Deborah G. Batson. Responses due by 7/6/2020 (Attachments: #1 Certification Certification of G. Paul Howes, #2 Text of Proposed Order Proposed Order)(Ward, Donald)
June 19, 2020 Filing 95 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John A. Lowther. Filing Fee $ 200.00 Receipt # AFLSDC-13056631 by Deborah G. Batson. Responses due by 7/6/2020 (Attachments: #1 Certification Certification of John A. Lowther, #2 Text of Proposed Order Proposed Order)(Ward, Donald)
June 18, 2020 Filing 94 STATUS REPORT Joint Status Report Pursuant to D.E. 91 by Ethicon, Inc., Johnson & Johnson (Kruppa, Andrew)
June 18, 2020 Filing 93 NOTICE of Attorney Appearance by Donald Jack Ward, III on behalf of Deborah G. Batson (Ward, Donald)
June 18, 2020 Filing 92 NOTICE of Attorney Appearance by Donald Jack Ward, III on behalf of Deborah G. Batson. Attorney Donald Jack Ward, III added to party Deborah G. Batson(pty:pla). (Ward, Donald)
June 8, 2020 Opinion or Order Filing 91 PRETRIAL SCHEDULING ORDER. SCHEDULING ORDER: In Limine Motions due by 7/6/2020. Dispositive Motions due by 7/6/2020. Motions due by 7/6/2020. Pretrial Stipulation due by 7/24/2020. Status Report due by 6/18/2020. Jury Trial set for 9/14/2020 09:00 AM before Judge Donald M. Middlebrooks. Calendar Call set for 9/9/2020 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 6/8/2020. See attached document for full details. (amb) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
June 5, 2020 Opinion or Order Filing 90 ORDER granting #88 Motion to Withdraw as Attorney. William M. Gage; Susan M. Robinson; Kari L. Sutherland; James C. Barton, Jr and A. La'Verne Edney withdrawn from case Notice of Termination delivered by US Mail to James Barton, A. Edney, Susan Robinson, Kari Sutherland.. Signed by Judge Donald M. Middlebrooks on 6/4/2020. See attached document for full details. (ail)
June 3, 2020 Filing 89 Certificate of Other Affiliates/Corporate Disclosure Statement by Ethicon, Inc., Johnson & Johnson (Preston, Amanda)
June 3, 2020 Filing 88 Unopposed MOTION to Withdraw as Attorney MDL Counsel of Record by William M. Gage, Kari L. Sutherland, James C. Barton, Jr., A. La'Verne Edney, and Susan M. Robinson for / by Ethicon, Inc., Johnson & Johnson. Responses due by 6/17/2020 (Attachments: #1 Text of Proposed Order)(Preston, Amanda)
June 2, 2020 Filing 87 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)
June 2, 2020 Filing 86 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)
May 29, 2020 Filing 85 Bar Letter re: Admissions sent to attorney Christopher W. Cantrell, William J. Doyle, II, James Robert Hail, John Lowther, Christy D. Jones, David B. Thomas, Susan M. Robinson, A. La'Verne Edney, James C. Barton, Jr., Kari L. Sutherland, William M. Gage, mailing date 05/29/2020. (cco)
May 29, 2020 Filing 84 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. 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)
May 29, 2020 Filing 83 Case transferred in from West Virginia Southern; Case Number 2:14-cv-06455. Electronic file including transfer order and docket sheet received. .(bb).
May 26, 2020 Filing 82 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 2642 - Memorandum Opinion and Order re Uwe Klinge, #2 Exhibit MDL ECF 3525 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #3 Exhibit MDL ECF 4172 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #4 Exhibit MDL ECF 6398 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #5 Exhibit MDL ECF 6413 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #6 Exhibit MDL ECF 6458 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #7 Exhibit MDL ECF 6517 - Order Adopting Memorandum Opinion and Order re Uwe Klinge, #8 Exhibit MDL ECF 2646 - Memorandum Opinion and Order re Jimmy Mays, #9 Exhibit MDL ECF 3514 - Memorandum Opinion and Order re Jimmy Mays, #10 Exhibit MDL ECF 4185 - Order Adopting Memorandum Opinion and Order re Jimmy Mays, #11 Exhibit MDL ECF 6271 - Order Adopting Memorandum Opinion and Order re Jimmy Mays, #12 Exhibit MDL ECF 6341 - Order Adopting Memorandum Opinion and Order re Jimmy Mays, #13 Exhibit MDL ECF 6459 - Order Adopting Memorandum Opinion and Order re Jimmy Mays, #14 Exhibit MDL ECF 6530 - Order Adopting Memorandum Opinion and Order re Jimmy Mays, #15 Exhibit MDL ECF 2664 - Memorandum Opinion and Order re Peggy Pence, #16 Exhibit MDL ECF 3510 - Order Adopting Memorandum Opinion and Order re Peggy Pence, #17 Exhibit MDL ECF 4180 - Order Adopting Memorandum Opinion and Order re Peggy Pence, #18 Exhibit MDL ECF 6299 - Order Adopting Memorandum Opinion and Order re Peggy Pence, #19 Exhibit MDL ECF 6494 - Order Adopting Memorandum Opinion and Order re Peggy Pence, #20 Exhibit MDL ECF 6535 - Order Adopting Memorandum Opinion and Order re Peggy Pence, #21 Exhibit MDL ECF 3553 - Memorandum Opinion and Order re Peter Rosenblatt, #22 Exhibit MDL ECF 4204 - Order Adopting Memorandum Opinion and Order re Peter Rosenblatt, #23 Exhibit MDL ECF 6370 - Order Adopting Memorandum Opinion and Order re Peter Rosenblatt, #24 Exhibit MDL ECF 6463 Order Adopting Memorandum Opinion and Order re Peter Rosenblatt, #25 Exhibit MDL ECF 2682 - Memorandum Opinion and Order re Jaime Sepulveda-Toro, #26 Exhibit MDL ECF 3543 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #27 Exhibit MDL ECF 4200 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #28 Exhibit MDL ECF 5158 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #29 Exhibit MDL ECF 6270 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #30 Exhibit MDL ECF 6345 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #31 Exhibit MDL ECF 6469 - Order Adopting Memorandum Opinion and Order re Jaime Sepulveda-Toro, #32 Exhibit MDL ECF 2723 - Memorandum Opinion and Order re Shelby Thames, #33 Exhibit MDL ECF 3563 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #34 Exhibit MDL ECF 4201 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #35 Exhibit MDL ECF 5154 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #36 Exhibit MDL ECF 6397 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #37 Exhibit MDL ECF 6415 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #38 Exhibit MDL ECF 6471 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #39 Exhibit MDL ECF 6518 - Order Adopting Memorandum Opinion and Order re Shelby Thames, #40 Exhibit MDL ECF 1069 - PTO 100)(Hail, James) (Modified on 5/27/2020 to add party filers) (msa).
May 26, 2020 Filing 81 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 2667- Memorandum Opinion and Order re Jerry Blaivas, #2 Exhibit MDL ECF 3565 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #3 Exhibit MDL ECF 4197 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #4 Exhibit MDL ECF 5157 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #5 Exhibit MDL ECF 6269 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #6 Exhibit MDL ECF 6402 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #7 Exhibit MDL ECF 6497 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #8 Exhibit MDL ECF 6534 - Order Adopting Memorandum Opinion and Order re Jerry Blaivas, #9 Exhibit MDL ECF 2666 - Memorandum Opinion and Order re Daniel Elliott, #10 Exhibit MDL ECF 4152 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, #11 Exhibit MDL ECF 6409 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, #12 Exhibit MDL ECF 6522 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, #13 Exhibit MDL ECF 6614 - Order Adopting Memorandum Opinion and Order re Daniel Elliott, #14 Exhibit MDL ECF 6312 - Memorandum Opinion and Order re Steven Goldwasser, #15 Exhibit MDL ECF 6379 - Order Adopting Memorandum Opinion and Order re Steven Goldwasser, #16 Exhibit MDL ECF 6414 - Order Adopting Memorandum Opinion and Order re Steven Goldwasser)(Hail, James) (Modified on 5/27/2020 to add party filers) (msa).
May 26, 2020 Filing 80 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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 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 (8071) - Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8958) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (9061) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 79 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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 (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #5 Exhibit MDL ECF (2138) Part 3 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #6 Exhibit MDL ECF (2225) - Pls' Reply in Support of Mot to Exclude Jaime L. Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #8 Exhibit MDL ECF (2508) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #9 Exhibit MDL ECF (2508) Part 3 - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #10 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #11 Exhibit MDL ECF (8951) - Notice of Adoption of Pls' Mot to Exclude Jaime L. Sepulveda-Toro, #12 Exhibit MDL ECF (9067) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime L. Sepulveda-Toro)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 78 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 CONTINUED, MDL ECF (2425) - Pls' Mot to Exclude Peter Rosenblatt, #2 Exhibit MDL ECF (2428)- Pls' Mem in Support of Mot to Exclude Peter Rosenblatt, #3 Exhibit MDL ECF (2535) - Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #4 Exhibit MDL ECF (2625) - Pls' Reply in Support of Mot to Exclude Peter Rosenblatt, #5 Exhibit MDL ECF (8947) - Notice of Adoption of Pls' Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (9055) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 77 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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 (8931) - Notice of Adoption of Pls' Mot to Exclude Steven Goldwasser, #9 MDL ECF (9060) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven Goldwasser)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 76 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 CONTINUED, MDL ECF (6876) - Pls' Mot to Exclude C. Bryce Bowling, #2 Exhibit MDL ECF (6877)- Pls' Mem in Support of Mot to Exclude C. Bryce Bowling, #3 Exhibit MDL ECF (7020) Part 1 - Defs' Resp to Pls' Mot to Exclude C. Bryce Bowling, #4 Exhibit MDL ECF (7020) Part 2 - Defs' Resp to Pls' Mot to Exclude C. Bryce Bowling, #5 Exhibit MDL ECF (8925) - Notice of Adoption of Pls' Mot to Exclude C. Bryce Bowling, #6 Exhibit MDL ECF (9070) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude C. Bryce Bowling)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 75 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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 (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8988) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (9014) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 74 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 CONTINUED, MDL ECF (2071) Part 1 - Defs' Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs' Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs' Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8976) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (9009) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jimmy Mays)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 73 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 CONTINUED, MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (8975) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (9007) - Notice of Adoption of Pls' Resp to Defs Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 72 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit Exhibit ECF # 69 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21 - Defs' Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 71 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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 (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 4 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8311) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8986) - Notice of Adoption of Defs' Mot to Exclude Daniel Elliott and Reply in Support of Mot to Exclude, #18 Exhibit MDL ECF (9002) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Daniel Elliott)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 70 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 69 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) Part 1 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2176) Part 2 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8985) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas and Reply in Support of Mot to Exclude, #15 Exhibit MDL ECF (9001) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jerry Blaivas)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 26, 2020 Filing 69 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)(Gage, William) (Modified on 5/26/2020 to add party filer) (msa).
May 14, 2020 Opinion or Order Filing 68 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/28/2020 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 5/27/2020 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 5/14/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw)
May 12, 2020 Opinion or Order Filing 67 ORDER granting in part and denying in part #47 MOTION by Deborah G. Batson to Exclude Defendants' Retained and Non-Retained Expert Witnesses for Violation of Pretrial Order #346 and the Federal Rules of Civil Procedure, as set forth herein. Signed by Judge Joseph R. Goodwin on 5/12/2020. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (ts)
May 12, 2020 Opinion or Order Filing 66 ORDER vacating the #64 and #65 Orders. Signed by Judge Joseph R. Goodwin on 5/12/2020. (cc: counsel of record; any unrepresented party) (ts)
May 11, 2020 Opinion or Order Filing 65 ORDER VACATED PURSUANT TO ORDER ENTERED 5/12/2020: ORDER Pending in the cases on Exhibit A is Plaintiffs' Motion to Strike Defendant's Non-Retained Experts; the motions are GRANTED to the extent plaintiffs seek an order excluding expert witnesses designated by the Ethicon defendants in excess of five; Plaintiffs' Motions are otherwise DENIED. Signed by Judge Joseph R. Goodwin on 5/11/2020. (cc: counsel of record; any unrepresented party) (MDL 2327; cases on Exhibit A) (st) (Modified on 5/12/2020 to note order has been vacated) (ts).
May 11, 2020 Opinion or Order Filing 64 ORDER VACATED PURSUANT TO ORDER ENTERED 5/12/2020: ORDER Pending in the cases on Exhibit A is Plaintiffs' Motion to Strike Defendant's Non-Retained Experts; the motions are GRANTED to the extent plaintiffs seek an order excluding expert witnesses designated by the Ethicon defendants in excess of five; Plaintiffs' Motions are otherwise DENIED. Signed by Judge Joseph R. Goodwin on 5/11/2020. (cc: counsel of record; any unrepresented party) (MDL 2327; cases on Exhibit A) (st) (Modified on 5/12/2020 to note order has been vacated) (ts).
February 14, 2020 Filing 63 TRANSCRIPT OF PROCEEDINGS of Telephonic Motions Hearing held on 01/14/2020, before Magistrate Judge Cheryl A. Eifert. Court Reporter Kimberly Kaufman, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/24/2020. Redaction Request due 3/6/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/14/2020. (klc)
January 15, 2020 Opinion or Order Filing 62 ORDER granting #41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation Records Signed by Magistrate Judge Cheryl A. Eifert on 1/15/2020. (cc: counsel of record) (kew)
January 14, 2020 Filing 61 TELEPHONIC MOTION HEARING held by Magistrate Judge Cheryl A. Eifert on 1/14/2020 re: #41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation Records; Court Reporter: Kim Kaufman. (hkl)
January 10, 2020 Filing 60 REPLY by Ethicon, Inc., Johnson & Johnson to #52 Brief In Opposition. (Gage, William)
January 10, 2020 Filing 59 REPLY by Deborah G. Batson to #54 Response In Opposition. (Cantrell, Christopher)
January 10, 2020 Filing 58 REPLY by Ethicon, Inc., Johnson & Johnson to #53 Brief In Opposition. (Gage, William)
January 9, 2020 Filing 57 REPLY by Deborah G. Batson to #51 RESPONSE by Ethicon, Inc., Johnson & Johnson (Hail, James) (Modified on 1/10/2020 to remove link to #49 motion and add link to #51 response)(slr).
January 8, 2020 Opinion or Order Filing 56 ORDER directing that a telephonic hearing is set for 1/14/2020 at 3:00 PM before Magistrate Judge Cheryl A. Eifert re: #41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation Records. Signed by Magistrate Judge Cheryl A. Eifert on 1/8/2020. (cc: counsel of record; any unrepresented party) (kew)
January 6, 2020 Filing 55 REPLY by Ethicon, Inc., Johnson & Johnson to #50 OPPOSITION by Deborah G. Batson (Gage, William) (Modified on 1/7/2020 to remove #41 motion and add link to #50 opposition) (msa)
January 3, 2020 Filing 54 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #47 MOTION by Deborah G. Batson to Exclude Defendants' Retained and Non-Retained Expert Witnesses for Violation of Pretrial Order #346 and the Federal Rules of Civil Procedure (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gage, William)
January 3, 2020 Filing 53 OPPOSITION by Deborah G. Batson to #43 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit Deposition Excerpt, #2 Exhibit Deposition Excerpt, #3 Exhibit Expert Report, #4 Exhibit Expert Report, #5 Exhibit Email, #6 Exhibit Email, #7 Exhibit Email, #8 Exhibit Expert Report, #9 Exhibit Expert Report, #10 Exhibit Expert Report, #11 Exhibit Expert Report, #12 Exhibit Expert Report, #13 Exhibit Expert Report, #14 Exhibit Deposition Excerpt, #15 Exhibit Brochure, #16 Exhibit Brochure, #17 Exhibit IFU, #18 Exhibit IFU, #19 Exhibit Excerpt of Testimony, #20 Exhibit Excerpt of Testimony, #21 Exhibit IFU, #22 Exhibit Chart, #23 Exhibit IFU, #24 Exhibit Deposition Excerpt, #25 Exhibit Expert Report Excerpt, #26 Exhibit Expert Report Excerpt, #27 Exhibit Report)(Hail, James)
January 3, 2020 Filing 52 OPPOSITION by Deborah G. Batson to #45 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case Specific Opinions of Daniel Elliott, M.D. (Attachments: #1 Exhibit Case Specific Report, #2 Exhibit Expert Report, #3 Exhibit Expert Report, #4 Exhibit Deposition Excerpt, #5 Exhibit Deposition Excerpt)(Hail, James) .
January 2, 2020 Filing 51 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #49 MOTION by Deborah G. Batson for Partial Summary Judgment on Defendants' Separate Defenses (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Part 1, #3 Exhibit 2 - Part 2, #4 Exhibit 3 - Part 1, #5 Exhibit 3 - Part 2, #6 Exhibit 3 - Part 3, #7 Exhibit 3 - Part 4, #8 Exhibit 3 - Part 5, #9 Exhibit 3 - Part 6, #10 Exhibit 3 - Part 7, #11 Exhibit 3 - Part 8, #12 Exhibit 3 - Part 9, #13 Exhibit 3 - Part 10, #14 Exhibit 3 - Part 11, #15 Exhibit 3 - Part 12, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6)(Gage, William)
December 30, 2019 Filing 50 OPPOSITION by Deborah G. Batson to #41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation Records (Attachments: #1 Exhibit Response to Deposition Notice, #2 Exhibit Correspondence, #3 Exhibit Response to Deposition Notice, #4 Exhibit Excerpt of Expert Report)(Hail, James)
December 20, 2019 NOTICE OF DOCKET CORRECTION re: #47 MOTION to Exclude, #48 MEMORANDUM in Support. ERROR: Exhibits A-I attached to memorandum; CORRECTION: Removed exhibits A-I from memorandum and attached to motion. (msa)
December 20, 2019 Filing 49 MOTION by Deborah G. Batson for Partial Summary Judgment on Defendants' Separate Defenses. (Hail, James)
December 20, 2019 Filing 48 MEMORANDUM by Deborah G. Batson in support of #47 MOTION by Deborah G. Batson to Exclude Defendants' Retained and Non-Retained Expert Witnesses fro Violation of Pretrial Order No. 346 and the Federal Rules of Civil Procedure. (Cantrell, Christopher) (Modified on 12/26/2019 to remove exhibits A-I) (msa)
December 20, 2019 Filing 47 MOTION by Deborah G. Batson to Exclude Defendants' Retained and Non-Retained Expert Witnesses for Violation of Pretrial Order #346 and the Federal Rules of Civil Procedure. (Cantrell, Christopher) #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) (Modified on 12/26/2019 to add exhibits A-I) (msa). (Modified on 5/12/2020 to reinstate motion)(ts).
December 20, 2019 Filing 46 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #45 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case Specific Opinions of Daniel Elliott, M.D.. (Gage, William)
December 20, 2019 Filing 45 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case Specific Opinions of Daniel Elliott, M.D. (Attachments: #1 Exhibit A)(Gage, William) (Modified on 5/12/2020 to reinstate motion) (ts).
December 20, 2019 NOTICE OF DOCKET CORRECTION re: #43 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment ERROR: Incorrect image of Exhibit 1 attached. CORRECTION: Removed and replace image. (slr)
December 18, 2019 Filing 44 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #43 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Gage, William)
December 18, 2019 Filing 43 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Gage, William) (Modified on 12/20/2019 to remove and replace incorrect image of Exhibit 1)(slr).
December 18, 2019 Filing 42 MOTION by Deborah G. Batson for Leave to File Amended Short Form Complaint to Add Defendant Based on New Evidence Adduced During Deposition (Attachments: #1 Exhibit (Proposed) Amended Short Form Complaint, #2 Exhibit Declaration of James R Hail)(Hail, James)
December 16, 2019 MOTION REFERRED to Magistrate Judge Cheryl A. Eifert: #41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation. Records (kew)
December 16, 2019 Filing 41 MOTION by Ethicon, Inc., Johnson & Johnson to Compel Dr. Daniel Elliott to Produce Compensation Records (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)(Gage, William)
December 10, 2019 Filing 40 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #38 Notice to Take Deposition of Dr. Steven Goldwasser (Gage, William)
December 6, 2019 Filing 39 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Family and Friends on To be determined at To be determined (Edney, A.)
December 3, 2019 Filing 38 NOTICE OF DEPOSITION by Deborah G. Batson of Dr Steven Goldwasser on December 12, 2019 at 5:30pm (Hail, James)
November 26, 2019 Filing 37 CERTIFICATE OF SERVICE by Deborah G. Batson for Plaintiffs Responses and Objections to Amended Deposition Subpoena to Dr. Daniel Elliott. (Hail, James)
November 25, 2019 Filing 36 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on November 30, 2019 at 9:30 a.m. (Gage, William)
November 25, 2019 Filing 35 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on November 30, 2019 at 9;30 a.m. (Gage, William)
November 21, 2019 Filing 34 CERTIFICATE OF SERVICE by Deborah G. Batson for Responses and Objections to Deposition Subpoena to Dr. Daniel Elliott. (Hail, James)
November 8, 2019 Filing 33 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William)
November 7, 2019 Filing 32 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daniel Elliott, M.D. on November 24, 2019 at 8:45 A.M. (Gage, William)
October 29, 2019 Filing 31 NOTICE of Independent Medical Examination by Ethicon, Inc., Johnson & Johnson (Edney, A.)
October 29, 2019 Filing 30 AMENDED NOTICE TO TAKE VIDEO DEPOSITION by Deborah G. Batson of Dr Edward Becker on November 18, 2019 at 5:00 PM (Hail, James)
October 8, 2019 Filing 29 CERTIFICATE OF SERVICE by Deborah G. Batson for Designation and Disclosure of General and Case-specific Expert Witnesses. (Hail, James)
September 19, 2019 Filing 28 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Deborah G. Batson on October 23, 2019 at 9:00 a.m. (Edney, A.)
September 10, 2019 Opinion or Order Filing 27 PRETRIAL ORDER # 346 (Docket Control Order - Ethicon, Inc. Wave 13 Cases) The Pretrial Order # 341 is AMENDED to correct a typographical error in Paragraph A (Scheduling Deadlines); the court has removed cases from the original Exhibit A that have since closed; the remaining provisions related to Wave 13 remain in effect and are set forth herein. Signed by Judge Joseph R. Goodwin on 9/10/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
September 9, 2019 Filing 26 NOTICE OF VIDEOTAPED DEPOSITION by Deborah G. Batson of Dr Edward Becker on November 20, 2019 at 10:00 am (Hail, James)
September 9, 2019 Filing 25 NOTICE OF ATTORNEY APPEARANCE by John Lowther on behalf of Deborah G. Batson. (Lowther, John)
September 9, 2019 Filing 24 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James Robert Hail on behalf of Deborah G. Batson. (Hail, James)
September 6, 2019 Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiffs First Set of Interrogatories, Requests for Production, and Requests for Admissions. (Edney, A.)
August 19, 2019 Filing 22 CERTIFICATE OF SERVICE by Deborah G. Batson for Plaintiff's Responses and Objections to Defendants' First Set of Interrogatories, Requests for Admission and Requests for Production. (Cantrell, Christopher)
August 19, 2019 Opinion or Order Filing 21 NOTICE OF VOLUNTARY DISMISSAL/ORDER Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Defendant Ethicon, LLC only is voluntarily dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 8/19/2019. (cc: attys; any unrepresented party) (st)
August 11, 2019 Filing 20 CERTIFICATE OF SERVICE by Deborah G. Batson for Plaintiff's First Set of Interrogatories, First Set of Requests for Admission, and First Set of Requests for Production. (Cantrell, Christopher)
July 30, 2019 Filing 19 NOTICE OF VOLUNTARY DISMISSAL With Prejudice of Ethicon, LLC, by Deborah G. Batson (Cantrell, Christopher)
July 18, 2019 Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Edney, A.)
July 11, 2019 Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James C. Barton, Jr on behalf of Ethicon, Inc., Johnson & Johnson. (Barton, James)
July 9, 2019 Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. La'Verne Edney on behalf of Ethicon, Inc., Johnson & Johnson. (Edney, A.)
June 20, 2019 Opinion or Order Filing 15 PRETRIAL ORDER # 341 (Docket Control Order Ethicon, Inc. Wave 13 Cases) The court ORDERS as follows for the cases on Exhibit A: (1) The cases are no longer eligible for placement or return to the inactive docket nor may notices of settlement be filed to relieve the parties from these scheduling deadlines; (2) To the extent any other defendants are named in the cases on Exhibit A, the deadlines below also apply to them; and (3) The following deadlines immediately apply in all Wave 13 cases with one important exception, as more fully set forth herein. SCHEDULING DEADLINES. The following deadlines shall apply in all Ethicon Wave 13 cases: Plaintiff Fact Sheets due by 07/01/2019. Defendant Fact Sheets due by 07/11/2019. Deadline for written discovery requests due by 08/09/2019. Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 10/08/2019. Expert disclosure served by defendants pursuant to Fed. R. Civ P. 26 as limited by 3.a. of this order due by 11/07/2019. Expert disclosure served for rebuttal pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 11/14/2019. Deposition deadline and close of discovery due by 12/13/2019. Filing of dispositive motions due by 12/20/2019. Response to dispositive motions due by 01/03/2020. Reply to response to dispositive motions due by 01/10/2020. Filing of Daubert motions due by 12/20/2020. Responses to Daubert motions due by 01/03/2020. Reply to response to Daubert motions due by 01/10/2020. 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 by 11/4/2019, and any response is due by 11/18/2019. Any reply is due by 11/25/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no late than 11/5/2019, and are ORDERED to file joint venue recommendations by 11/15/2019. The Clerk is directed to remove any existing wave or inactive flags from the cases on Exhibit A and place the Ethicon Wave 13 flag. Signed by Judge Joseph R. Goodwin on 6/20/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 13 cases on Exhibit A) (st)
October 26, 2018 Opinion or Order Filing 14 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)
July 25, 2018 Opinion or Order Filing 13 ORDER granting #11 Motion to Reinstate; the Clerk is DIRECTED to remove the inactive docket flag and reinstate this case to the active docket. Signed by Judge Joseph R. Goodwin on 7/25/2018. (cc: counsel of record; any unrepresented party) (st)
May 8, 2018 Opinion or Order Filing 12 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") (brn) (ADI)
May 4, 2018 Filing 11 MOTION by Deborah G. Batson to be Moved to the Active Docket (Attachment: #1 Declaration of Deborah Batson)(Cantrell, Christopher)
March 29, 2018 Opinion or Order Filing 10 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) (rec)
October 19, 2017 Opinion or Order Filing 9 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 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 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket). (mek) (ADI)
September 28, 2017 Opinion or Order Filing 8 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 10/31/2017; 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. 4428 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 9/28/2017. (cc: attys; any unrepresented party) (rmc)
April 7, 2017 Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari)
June 23, 2016 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William)
January 29, 2016 Opinion or Order Filing 5 ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2327 and each individual member case in which Doyle Lowther LLP is associated; granting AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (kp)
April 11, 2014 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy)
February 13, 2014 Filing 3 TRANSMITTED PRETRIAL ORDER # 100 (Plaintiffs' Motion for a Finding of Spoliation and for Sanctions) entered on 02/04/2014 in MDL 2327 to attorneys in member case. (cbo)
February 11, 2014 Filing 2 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David)
January 31, 2014 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2962756. (Attachment: #1 Civil Cover Sheet) (sak)

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Search for this case: Batson v. Ethicon, Inc. et al
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Defendant: Ethicon, Inc.
Represented By: A. La'Verne Edney
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
Represented By: David B. Thomas
Represented By: William M. Gage
Represented By: Kari L. Sutherland
Represented By: James C. Barton, Jr.
Represented By: Sean W. Gallagher
Represented By: Karma M. Giulianelli
Represented By: Amanda Elizabeth Preston
Represented By: Andrew Russell Kruppa
Represented By: Donna Brown Jacobs
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Defendant: Johnson & Johnson
Represented By: A. La'Verne Edney
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
Represented By: David B. Thomas
Represented By: William M. Gage
Represented By: Kari L. Sutherland
Represented By: James C. Barton, Jr.
Represented By: Sean W. Gallagher
Represented By: Karma M. Giulianelli
Represented By: Amanda Elizabeth Preston
Represented By: Andrew Russell Kruppa
Represented By: Donna Brown Jacobs
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Defendant: Ethicon LLC
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Plaintiff: Deborah G. Batson
Represented By: John Allen Lowther
Represented By: Christopher W. Cantrell
Represented By: James Robert Hail
Represented By: William J. Doyle, II
Represented By: Christian D. Searcy
Represented By: Donald Jack Ward, III
Represented By: G. Paul Howes
Represented By: Jeffrey Louis Haberman
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