Scott v. Ethicon, Inc. et al
| Cassandra Scott |
| Ethicon, LLC, Ethicon Inc. and Johnson & Johnson |
| 1:2019cv04892 |
| October 30, 2019 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.
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ORDER granting #68 Application for Admission Pro Hac Vice. Signed by Judge J. P. Boulee on 11/13/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnw)
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| APPROVAL by Clerks Office re: #68 APPLICATION for Admission of Elia Robertson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9062364). Documents for this entry are not available for viewing outside the courthouse.. Attorney Elia A. Robertson added appearing on behalf of Cassandra Scott (pmb) |
| Filing 68 APPLICATION for Admission of Elia Robertson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9062364). Documents for this entry are not available for viewing outside the courthouse.by Cassandra Scott. (Harman, Matthew) |
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ORDER granting #59 - #67 Motions to Withdraw as Attorney. Attorneys David B. Thomas, Kari L. Sutherland, Kimberly G. Bueno, Philip J. Combs, Ryan S. Squires, Stephen E. McConnico, Susan M. Robinson, William M. Gage and Christy D. Jones . Signed by Judge J. P. Boulee on 11/6/19. (bnw) Modified on 11/6/2019 to edit text (bnw).
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| Filing 67 MOTION to Withdraw Christy D. Jones as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 66 MOTION to Withdraw William M. Gage as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 65 MOTION to Withdraw Susan M. Robinson as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 64 MOTION to Withdraw Stephen E. McConnico as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 63 MOTION to Withdraw Ryan S. Squires as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 62 MOTION to Withdraw Philip J. Combs as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 61 MOTION to Withdraw Kimberly G. Bueno as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 60 MOTION to Withdraw Kari L. Sutherland as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 59 MOTION to Withdraw David B. Thomas as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/6/2019 to edit docket entry (ddm). |
| Filing 58 NOTICE of Appearance by Halli Dee Cohn on behalf of Ethicon Inc., Johnson & Johnson (Cohn, Halli) |
| Filing 57 NOTICE of Appearance by David F. Norden on behalf of Ethicon Inc., Johnson & Johnson (Norden, David) |
| Filing 56 NOTICE of Appearance by S. Eric Rumanek on behalf of Ethicon Inc., Johnson & Johnson (Rumanek, S.) |
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Filing 55
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 11/1/19. (bnw)
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| Clerk's Certificate of Mailing as to Ethicon Inc., Johnson & Johnson, Cassandra Scott re #55 Order. (bnw) |
| Filing 54 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-07846. Original file certified copy of transfer order and docket sheet received. |
| Filing 53 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #50 Continued (2169), #2 Exhibit ECF #50 Continued (2212), #3 Exhibit ECF #50 Continued (2832), #4 Exhibit ECF #50 Continued (2833), #5 Exhibit ECF #50 Continued (2904), #6 Exhibit ECF #50 Continued (4385), #7 Exhibit ECF #50 Continued (4487), #8 Exhibit ECF #50 Continued (2817), #9 Exhibit ECF #50 Continued (2818), #10 Exhibit ECF #50 Continued (2931), #11 Exhibit ECF #50 Continued (3024), #12 Exhibit ECF #50 Continued (4374), #13 Exhibit ECF #50 Continued (4375), #14 Exhibit ECF #50 Continued (4543), #15 Exhibit ECF #50 Continued (4550), #16 Exhibit ECF #50 Continued (4552), #17 Exhibit ECF #50 Continued (4637))(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 52 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #50 Continued (4558), #2 Exhibit ECF #50 Continued (4635), #3 Exhibit ECF #50 Continued (3619) Part 1, #4 Exhibit ECF #50 Continued (3619) Part 2, #5 Exhibit ECF #50 Continued (3621), #6 Exhibit ECF #50 Continued (3790) Part 1, #7 Exhibit ECF #50 Continued (3790) Part 2, #8 Exhibit ECF #50 Continued (3790) Part 3, #9 Exhibit ECF #50 Continued (3865), #10 Exhibit ECF #50 Continued (4312), #11 Exhibit ECF #50 Continued (4480), #12 Exhibit ECF #50 Continued (4626), #13 Exhibit ECF #50 Continued (3626) Part 1, #14 Exhibit ECF #50 Continued (3626) Part 2, #15 Exhibit ECF #50 Continued (3630), #16 Exhibit ECF #50 Continued (3767) Part 1, #17 Exhibit ECF #50 Continued (3767) Part 2, #18 Exhibit ECF #50 Continued (3767) Part 3, #19 Exhibit ECF #50 Continued (3767) Part 4, #20 Exhibit ECF #50 Continued (3855), #21 Exhibit ECF #50 Continued (4321), #22 Exhibit ECF #50 Continued (4485), #23 Exhibit ECF #50 Continued (4630), #24 Exhibit ECF #50 Continued (2029))(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 51 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #50 Continued (2553) Part 1, #2 Exhibit ECF #50 Continued (2553) Part 2, #3 Exhibit ECF #50 Continued (2553) Part 3, #4 Exhibit ECF #50 Continued (2621), #5 Exhibit ECF #50 Continued (2839) Part 1, #6 Exhibit ECF #50 Continued (2839) Part 2, #7 Exhibit ECF #50 Continued (2841), #8 Exhibit ECF #50 Continued (2957), #9 Exhibit ECF #50 Continued (3037), #10 Exhibit ECF #50 Continued (4381), #11 Exhibit ECF #50 Continued (4484), #12 Exhibit ECF #50 Continued (4613), #13 Exhibit ECF #50 Continued (2060), #14 Exhibit ECF #50 Continued (2065), #15 Exhibit ECF #50 Continued (2134), #16 Exhibit ECF #50 Continued (2232), #17 Exhibit ECF #50 Continued (2910), #18 Exhibit ECF #50 Continued (4358), #19 Exhibit ECF #50 Continued (4483), #20 Exhibit ECF #50 Continued (4615), #21 Exhibit ECF #50 Continued (2815), #22 Exhibit ECF #50 Continued (3029), #23 Exhibit ECF #50 Continued (4364) Part 1, #24 Exhibit ECF #50 Continued (4364) Part 2, #25 Exhibit ECF #50 Continued (4364) Part 3, #26 Exhibit ECF #50 Continued (2952))(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238), #2 Exhibit (239), #3 Exhibit (241), #4 Exhibit (262), #5 Exhibit (263), #6 Exhibit (3672) Part 1, #7 Exhibit (3672) Part 2, #8 Exhibit (3672) Part 3, #9 Exhibit (3674), #10 Exhibit (3747), #11 Exhibit (3858), #12 Exhibit (4395), #13 Exhibit (4520), #14 Exhibit (4602), #15 Exhibit (2014), #16 Exhibit (2018), #17 Exhibit (2225), #18 Exhibit (4376), #19 Exhibit (4495), #20 Exhibit (4612), #21 Exhibit (2039), #22 Exhibit (2042), #23 Exhibit (2187), #24 Exhibit (2247), #25 Exhibit (2455) Part 1, #26 Exhibit (2455) Part 2)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 49
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Cassandra Scott (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 46
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 45
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 44
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.) filed at ECF No. 2668 in MDL 2327 on 8/26/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mmw) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 43
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Prof. Dr. Med. Uwe Klinge) directing that the Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) filed at ECF No. 2642 in MDL 2327 on 8/24/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 42
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Daniel Elliott M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.) entered at ECF No. 2666 in MDL 2327 on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 41
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Vladimir Iakovlev, M.D.) directing that the Memorandum Opinion and Order (DaubertMotion re: Vladimir Iakovlev, M.D.) filed at ECF No. 2710 in MDL 2327 on 9/01/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mmw) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 40
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Michael Margolis, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Thomas Margolis, M.D.) filed at ECF No. 2681 in MDL 2327 on 8/30/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 39
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Brian Parker, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Brian Parker, M.D.) filed at ECF No. 6239 in MDL 2327 on 7/19/2018 as to the Ethicon Wave 4 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Brian Parker, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/25/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 38 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Elia A. Robertson on behalf of Cassandra Scott. (Robertson, Elia) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 37
ORDER This order denying the Motion by Ethicon, Inc., Johnson & Johnson for Sanctions Based on Plaintiffs' Failure to Comply With the Court's ECF No. 4714 Order is not intended to resolve outstanding issues regarding the reliability and admissibility of the article "Oxidation and Degradation of Polypropylene Transvaginal Mesh"; this order simply memorializes the undersigned's conclusion that Plaintiffs complied with the court's order compelling them, through Dr. Guelcher, to collect any remaining facts and data in the possession of the co-investigators and supply it to Defendants. Signed by Magistrate Judge Cheryl A. Eifert on 12/15/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases) (rec) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 36
ORDER The Motion by Ethicon, Inc., Johnson & Johnson to Compel Discovery or, in the Alternative, to Exclude Certain Opinion Testimony filed in MDL 2327 is GRANTED, in part, and DENIED, in part; Plaintiffs are hereby ORDERED to collect and produce to the defendants certain information set forth herein pertaining to the article entitled "Oxidation and Degradation of Polypropylene Transvaginal Mesh," relied upon by Dr. Guelcher; With respect to Defendants' motion that they be permitted to take a supplemental deposition of Dr. Guelcher to question him about the raw data, the motion is DENIED. Furthermore, Defendants' motion to preclude Dr. Guelcher from offering opinions or testimony based upon the above-mentioned article is likewise DENIED, as it is moot. Signed by Magistrate Judge Cheryl A. Eifert on 9/26/2017. (cc: attys) (REF: MDL 2327; Wave 5 Cases) (pma) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 35
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (kab) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 34 REPLY by Ethicon, Inc., Johnson & Johnson to #32 Response In Opposition. (Squires, Ryan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 33 MEMORANDUM OF LAW by Cassandra Scott in support of #32 Response in Opposition. (Balefsky, Lee) (Modified on 8/30/2017 to correct link and to convert event to memorandum in support) (kp). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 32 RESPONSE by Cassandra Scott in opposition to #29 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Defendants' Motion to Exclude Certain Opinions of Plaintiff's Case-Specific Causation Expert Michael Margolis, M.D. (Attachments: #1 Proposed Order, #2 Certificate of Service, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Balefsky, Lee) (Modified on 8/30/2017 to remove link to #30 memorandum) (kp). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 31 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT by Cassandra Scott, Ethicon, Inc., Johnson & Johnson (Balefsky, Lee) (Modified on 8/23/2017 to add party filers) (ts). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 30 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #29 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Defendants' Motion to Exclude Certain Opinions of Plaintiff's Case-Specific Causation Expert Michael Margolis, M.D. (Squires, Ryan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 29 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Defendants' Motion to Exclude Certain Opinions of Plaintiff's Case-Specific Causation Expert Michael Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Squires, Ryan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 28
PRETRIAL ORDER # 268 (Motion for a Protective Order and Motion for De Bene Esse Deposition) The Motion by Ethicon, Inc. Johnson & Johnson for Protective Order Precluding De Bene Esse Deposition of Plaintiffs' Expert Witness Scott A. Guelcher, PH.D. and Motion for De Bene Esse Deposition of Scott A. Guelcher, PH.D. filed in MDL 2327 are DENIED as to the motion for a protective order and GRANTED as to the motion for leave to conduct a de bene esse deposition of Dr. Guelcher. Signed by Judge Cheryl A. Eifert on 8/9/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases) (rec) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 27 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (McConnico, Stephen) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (McConnico, Stephen) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 25
PRETRIAL ORDER # 267 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) Pursuant to PTO # 117 filed in MDL 2327, the Court granted Plaintiffs' Motion to Amend First Amended Master Long Form Complaint and Jury Demand and Amended Master Short Form Complaint to the extent it sought to remove defendant Ethicon, LLC from the Master Long Form Complaint and Amended Short Form Complaint and provided that the Court would initiate a show cause process regarding Ethicon, LLC in cases filed prior to the date of the Order; the cases identified as part of Wave discovery and included in the attached Exhibit A all pre-date PTO # 117 and name Ethicon, LLC as a defendant; the parties have agreed to dismiss Ethicon, LLC without prejudice from the cases identified on Exhibit A; it is ORDERED that Ethicon, LLC shall be dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 24 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. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 23 PLAINTIFF PROFILE FORM filed by Cassandra Scott. (Gomez, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 22 PLAINTIFF FACT SHEET filed by Cassandra Scott. (Gomez, Christopher) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Requests for Production, First Requests for Admission, and First Set of Interrogatories to Plaintiff Cassandra Scott. (Squires, Ryan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 CERTIFICATE OF SERVICE by Cassandra Scott for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF CASSANDRA SCOTT by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Cassandra Scott (Squires, Ryan) (Modified on 5/9/2017 to add party filer) (skh). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ryan Sellars Squires on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Squires, Ryan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Stephanie Gordon on May 2, 2017 at 4:00 p.m. (Attachment: #1 Exhibit A)(McConnico, Stephen) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Cassandra Scott on March 30, 2017 at 10:00 a.m. (Bueno, Kimberly) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kimberly Gustafson Bueno on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Bueno, Kimberly) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen E. McConnico on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (McConnico, Stephen) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 13
PRETRIAL ORDER # 248 (Docket Control Order - Wave 5 Cases) The cases attached hereto as Exhibit A will be known as "Ethicon Wave 5 cases" and the following deadlines apply: Scheduling Deadlines. Plaintiff Fact Sheets due by 3/22/2017, Defendant Fact Sheets due by 4/22/2017, Deadline for written discovery requests is 6/05/2017, Expert disclosure by plaintiffs due by 5/22/2017, Expert disclosure by defendants due by 6/19/2017, Expert disclosure for rebuttal purposes due by 7/05/2017, Deposition deadline and close of discovery is 7/19/2017, Filing of Dispositive Motions due by 8/08/2017, Response to Dispositive Motions due by 8/22/2017, Reply to response to dispositive motions due by 8/29/2017, Filing of Daubert motions due by 8/15/2017, Responses to Daubert motions due by 8/29/2017, and Reply to response to Daubert motions due by 9/05/2017. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 6/28/2017, any response is due 7/12/2017 and any reply is due 7/19/2017. Venue Recommendations. By no later than 6/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 7/10/2017. Signed by Judge Joseph R. Goodwin on 2/21/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases Listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Stephanie Gordon on 3/8/17 at 9:00 am (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 11
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER 23 (Agreed Order Regarding Severance of Actions) entered on 11/15/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons, #2 Summons) (jws) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2087334. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 10/31/2019.] |
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