Rueda v. Ethicon, Inc. et al
| Robert Rueda |
| Ethicon, Inc. and Johnson & Johnson |
| 1:2019cv04426 |
| October 1, 2019 |
| US District Court for the Northern District of Georgia |
| Richard W Story |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.
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Filing 27
ORDER re ( 671 in 1:17-md-02782-RWS) denying MOTION in Limine To Preclude Defendants From Offering Expert Opinion Testimony From Defendant' Employee Witnesses Who Will Not Testify Live At Trial. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al. Filed in document 723 (Spread to 2019 thru 2021 cases)(bdb)
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Filing 26
ORDER re 670 in 1:17-md-02782-RWS) denying MOTION in Limine To Prohibit Defendants From Offering Live Testimony From Employees Whose Depositions Are Presented At Trial, For An Adverse Inference Instruction, And That Defendants' Employees Who Testify Live Shall Be Available For Plaintiffs' Case-In-Chief. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al.Filed in document 722 (Spread to 2019 thru 2021 cases) (bdb)
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Filing 25
ORDER granting 682 Motion to Amend Expert Disclosure and Discovery Deadlines in the Unscheduled Trial Pool Cases. The first two trial cases the Court is limiting the opportunities for such modifications. However, for cases that have not been set for trial, other considerations must be taken into account. The Court wishes to conduct bellwether trials that provide meaningful direction to the parties. Plaintiffs may identify one new polypropylene degradation and mesh failure expert in the Franklin and Murray cases and may amend the expert report of Dr. Bruce Crookes in the Keup case. Defendants will be permitted to depose these witnesses and submit amended responsive reports from their experts. The parties are directed to confer in an effort to agree upon a schedule for addressing these issues that will not delay a potential January 2022 trial date should these cases be included in that trial. (See order for details) Signed by Judge Richard W. Story on 02/24/2021. Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 thru 2021 cases) (bdb)
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Filing 24
ORDER denying 623 Motion to Strike Errata and 630 Defendant Ethicon's Motion to Exclude Testimony of Dr. Klosterhalfen; Granting in part and denying in part 627 Plaintiffs' Motion to Exclude Testimony of Dr. Villarraga. Plaintiffs' Motion is granted with respect to the exclusion of FDA evidence consistent with the Court's November 25, 2020 Order [Doc. 690/691] and denied as to the remaining challenges. Signed by Judge Richard W. Story on 12/04/2020. Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 and 2020 cases)(rvb)
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Filing 23
ORDER GRANTING Plaintiffs' 624 Motion to Exclude Timothy Ulatwoski and 625 Motion to Exclude Reynaldo Librojo. Ethicon is hereby PRECLUDED from calling them as expert witnesses. Plaintiff's 626 Motion to Exclude Ethicon's Surgeon Experts (Dr. William Cobb, Dr. Jarrod Kaufman, Dr. Karl LeBlanc, Dr. Bruce Ramshaw, Dr. Guy Voeller) is DENIED. Defendant Ethicon's 631 Motion to Exclude Dr. Sean Orenstein and 632 Motion to Exclude Dr. Eric Pauli are DENIED. Signed by Judge Richard W. Story on 11/25/2020. (originally docketed at 693 in 1:17-md-2782-RWS)Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 and 2020 cases)(rvb)
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Filing 22
ORDER (re 651 in 1:17-md-02782-RWS): Defendants' (651) Motion for Reconsideration is DENIED concerning Crumbly, the first trial, and DENIED without prejudice for purposes of the Unscheduled Trial Cases and future MDL proceedings. (Spread to 2019 and 2020 cases) Signed by Judge Richard W. Story on 11/25/2020. Associated Cases: 1:17-md-02782-RWS et al(rvb)
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Filing 21
ORDER granting in 1:17-md-02782-RWS 605 Motion in Limine To Exclude Evidence Relating to the United States Food and Drug Administration ("FDA") or Its Processes in case 1:17-md-02782-RWS. Signed by Judge Richard W. Story on 11/25/2020. (Spread to 2019 and 2020 cases) Signed by Judge Richard W. Story on 11/25/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 20
ORDER re (627 in 1:17-md-02782-RWS) Plaintiffs' MOTION to Exclude Opinions and Testimony of Marta L. Villarraga, Ph.D. filed by Marvin Franklin, Connie Franklin. The Court wishes to have the benefit of Defendants' position before ruling. Because Defendants have not directly addressed Plaintiffs' objections to these opinions, Defendants are directed to file a sur-reply addressing these objections within fourteen (14) days of the entry of the Order. (see order for details) Signed by Judge Richard W. Story on 11/12/2020. (Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 19
PRACTICE AND PROCEDURE ORDER NO. 24 - Amended Discovery, Scheduling, and Case Management Order Governing Trial Cases: Final Pretrial Conference set for 1/14/2021 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story. Proposed Pretrial Order due by 11/16/2020. First Trial Case shall begin on January 25, 2021. See order for complete scheduling details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 663 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
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Filing 18
PRACTICE AND PROCEDURE ORDER NO. 23 granting 642 Connie Franklin and Marvin Franklin's Motion for Order Regarding Cost Reimbursement and Related Common Benefit Issues. Agreed Order Regarding Cost Reimbursement and Related Common Benefit Issues. See order for details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 662 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
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Filing 17
ORDER granting (589) Plaintiffs' Motion to Compel Deposition of Oliver Martini and Production of Documents in case 1:17-md-02782-RWS. The parties are directed to meet and confer concerning the details since Plaintiffs' original requested deposition date is no longer feasible. The parties shall decide upon a mutually agreed date for Mr. Martini to be deposed as well as a timeline in advance of the deposition date to provide Plaintiffs with the document production at least 21 days before the scheduled deposition. (See Order for details) Signed by Judge Richard W. Story on 8/11/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 16
PRACTICE AND PROCEDURE ORDER NO. 22 - (Amended Discovery, Scheduling, and Case Management Order - Trial Cases) Selection of Trial Cases: James Bovian 1:17-cv-04840; Jim B. and Diane Crumbley 1:18-cv-00748; Danielle Guffey 1:18-cv-00402; Jeffrey Smith 1:17-cv-05031. Dispositive or Daubert motions shall be filed in the First Trial Case by July 31, 2020. Responses shall be filed by August 28, 2020. Replies shall be filed by September 7, 2020. By August 14, 2020, each party shall serve designations of deposition testimony proposed in the First Trial Case to be introduced into evidence at trial. Motions in Limine: First Trial Case shall be filed by September 21, 2020. Response briefs shall be filed by October 5, 2020. For any motions in limine filed prior to the deadline above, the response brief shall be filed within 21 days and any reply brief shall be filed within 7 days. Plaintiffs' seeking exclusion of FDA evidence, Defendants' response brief is due on August 3, 2020 and Plaintiffs' reply will be due by August 10, 2010. Exhibit and Witness List: October 13, 2020. Joint Pretrial Order: October 15, 2020. Final Pretrial Conference: October 22, 2010 at 10:00 am. Trial of the First Trial Case shall begin on November 2, 2020. The trial is expected to last two (2) to (3) weeks. Second Trial Selection: Defendants shall select the second case to be tried from the Trial Cases by October 12, 2020. Dispositive or Daubert motions shall be filed in the Second Trial Case by December 1, 2020. Responses shall be filed by December 14, 2020. Replies shall be filed by January 1, 2021. Trial of the Second Trial Case shall begin on February 22, 2021. The trial is expected to last two (2) to three (3) weeks. The third trial setting shall be a consolidated trial. The court will set a time for the parties to be heard on the makeup of the consolidation. The trial will begin on May 10, 2021. The trial is expected to last three (3) to four (4) weeks. All remaining deadlines for the third trial setting will be established by subsequent Order of the Court. (See order for details) Signed by Judge Richard W. Story on 7/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 15
PRACTICE AND PROCEDURE ORDER NO. 21 - (Amended Discovery, Scheduling, and Case Management Order - Trial Cases). Selection of Trial Cases. James Bovian - 1:17-cv-04840; Jim B. and Diane Crumbley - 1:18-cv-00748; Danielle Guffey - 1: 18-cv-00402 and Jeffrey Smith-1: 17-cv-05031. Expert Discovery: July 15, 2020. Selection of first case by July 15, 2020. Dispositive or Daubert motions: July 31, 2020, Responses: August 28, 2020. Replies: September 7, 2020. Lexecon Waiver: July 31, 2020. Deposition Designations: August 14, 2020. Motions in Limine: September 21, 2020. Response briefs: October 5, 2020. Exhibit and Witness List: October 13, 2020. Joint Pretrial Order: October 15, 2020. Final Pretrial Conference: October 22, 2020 at 10:00 a.m. Trial of first case: November 2, 2020. (See order for details and following trials) Signed by Judge Richard W. Story on 5/19/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 14
GENERAL ORDER 20-01 IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/16/2020. Associated Cases: 1:17-md-02782-RWS et al.(rsg)
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Filing 13
ORDER TEMPORARILY SUSPENDING ACTIVITIES REQUIRING IN-PERSON INTERACTION. It is ORDERED that all depositions and activities requiring personal interaction are hereby SUSPENDED pending further order of the Court. Litigation activities that do not require in-person interaction should continue to the extent possible. The Court will conduct regular telephone status conferences with Lead Counsel to determine when it is safe and appropriate to lift this suspension and resume normal litigation activities. Signed by Judge Richard W. Story on 3/19/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 12
ORDER re: Parties reaching an agreement concerning the subpoena on Exponent, Inc. Plaintiffs requesting documents reflecting money paid to Exponent by various entities for Surgical Mesh-related work. Exponent will provide to Plaintiffs a summary of all payments received by Exponent since January 1, 2012 for work involving Surgical Mesh Devices and/or the materials used to construct Surgical Mesh Devices. By providing this summary, Exponent will satisfy its obligations under the subpoena. Signed by Judge Richard W. Story on 3/13/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) Modified on 3/16/2020 (bdb).
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Filing 11
PRACTICE AND PROCEDURE ORDER NO. 20 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool). All expert discovery for the Trial Pool Cases shall be completed by June 1, 2020. By April 1, 2020, Plaintiffs shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial (excluding selection of plaintiffs). By April 8, 2020, Defendants may submit a response to Plaintiffs' memorandum regarding the proposed manner of trial (excluding selection of plaintiffs). On or before April 17, 2020, the Court shall determine the manner of trial (excluding selection of plaintiffs). By May 15, 2020, the Parties shall submit to the Court, outside of the ECF system, a memorandum nominating case(s) for trial. Responses to proposals shall be submitted by May 22, 2020. The Court will schedule trial(s) by May 29, 2020. Dispositive or Daubert motions shall be filed in each of the Trial Cases by June 25, 2020. Responses shall be filed by July 24, 2020. Replies shall be filed by August 3, 2020. The Court will set the first trial for October 13, 2020. The Court will schedule a pre-trial conference for purpose of trial at an appropriate time. Deadlines for filing motions in limine in the Trial Cases will be established at a later date. Signed by Judge Richard W. Story on 2/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 10
FILED IN ERROR-PRACTICE AND PROCEDURE ORDER NO. 20 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool). All expert discovery for the Trial Pool Cases shall be completed by June 1, 2020. By April 1, 2020, Plaintiffs shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial (excluding selection of plaintiffs). By April 8, 2020, Defendants may submit a response to Plaintiffs' memorandum regarding the proposed manner of trial (excluding selection of plaintiffs). On or before April 17, 2020, the Court shall determine the manner of trial (excluding selection of plaintiffs). By May 15, 2020, the Parties shall submit to the Court, outside of the ECF system, a memorandum nominating case(s) for trial. Responses to proposals shall be submitted by May 22, 2020. The Court will schedule trial(s) by May 29, 2020. Dispositive or Daubert motions shall be filed in each of the Trial Cases by June 25, 2020. Responses shall be filed by July 24, 2020. Replies shall be filed by August 3, 2020. The Court will set the first trial for October 13, 2020. The Court will schedule a pre-trial conference for purpose of trial at an appropriate time. Deadlines for filing motions in limine in the Trial Cases will be established at a later date. Signed by Judge Richard W. Story on 2/27/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb) Modified on 3/2/2020, wrong pdf attached (bdb).
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Filing 9
ORDER directing Status Conferences: Status Conference set for 3/24/2020 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story; WEDNESDAY, APRIL 22, 2020, at 10:00 a.m. and WEDNESDAY, MAY 20, 2020, at 2:00 p.m. The Court DIRECTS Defendants to identify all duplicate cases filed within MDL 2782 and move for the appropriate relief in an effort to clean up the docket. Signed by Judge Richard W. Story on 2/28/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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Filing 8
PRACTICE AND PROCEDURE ORDER NO. 19 - (Amended Proposed Discovery, Scheduling, and Case Management Order. Initial Discovery Pool). Expert Discovery for the Trial Pool Cases shall be completed by 2/28/2020. By February 24, 2020, each side shall submit to the Court, outside of the ECF system, a memorandum in support of their proposed manner of trial, order of selection of plaintiffs for trial, and timing of trial(s). By March 2, 2020, the parties may submit a response to the opposing party's memorandum regarding the proposed manner of trial and order of cases for trial, and timing of trial(s). Dispositive or Daubert motions shall be filed in each of the Trial Cases by April 3, 2020. Responses shall be filed by April 22, 2020. Replies shall be filed by April 30, 2020. The Court will set the first trial for July 20, 2020. (For details, see order) Signed by Judge Richard W. Story on 12/16/2019. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
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| Filing 7 NOTICE of Appearance by Travis B. Swearingen on behalf of Ethicon, Inc., Johnson & Johnson (Swearingen, Travis) |
| Filing 6 NOTICE of Appearance by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson (Gage, William) |
| Filing 5 NOTICE of Appearance by G. Brian Jackson on behalf of Ethicon, Inc., Johnson & Johnson (Jackson, G.) |
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Filing 4
PRACTICE AND PROCEDURE ORDER NO. 18 - (Amended Proposed Discovery, Scheduling, and Case Management Order - Initial Discovery Pool) (See order for details) Signed by Judge Richard W. Story on 9/23/2019. (jed)
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Filing 3
PRACTICE AND PROCEDURE ORDER NO. 17 - SUPPLEMENTAL DISCLOSURES - Plaintiffs shall serve completed Supplemental Disclosures as described in this Order by November 15, 2019. For cases filed or transferred after the date of this Order, Supplemental Disclosures shall be served within forty-five (45) days of the filing of the Complaint or the transfer of the case into this MDL. See order for all materials to be included in Supplemental Discovery. Other than as set forth within this order, no other extensions will be granted unless agreed to by all parties. If a Plaintiff fails to cure the deficiency within the Cure Period, Defendants may file a motion to show good cause why the case should not be subject to a sanctions order from the Court. This motion may be filed without leave of Court and without any need for further efforts to meet-and-confer. Plaintiffs shall thereafter have 10 days to file a Response to the Motion. Defendants may file a Reply brief within 7 days of Plaintiffs' Response. The Court DIRECTS the Clerk to file a copy of this Order in 1:17-MD-02782- RWS and it shall apply to each related case. (See order for further details.) Signed by Judge Richard W. Story on 9/16/2019. (jed)
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Filing 2
PRACTICE AND PROCEDURE ORDER NO. 16 (Amended Proposed Discovery, Scheduling, and Case Management Order Initial Discovery Pool) Daubert Motions due by January 10, 2020. Responses shall be filed by January 31, 2020. Replies shall be filed by February 14, 2020. Court will set first trial for April 20, 2020. Signed by Judge Richard W. Story on 06/20/19. (jed)
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| Filing 1 SHORT FORM COMPLAINT filed by Robert Rueda (DIRECT FILE MDL- Eastern California- Fresno Division.) (Filing fee $400, receipt number AGANDC- 8974079) (Attachments: #1 Civil Cover Sheet "A") (jed) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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