Statham v. Ethicon, Inc. et al
| Mary Statham |
| Ethicon, LLC, Ethicon Inc. and Johnson & Johnson |
| 1:2019cv04893 |
| October 30, 2019 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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Filing 81
ORDER granting #79 Application for Admission Pro Hac Vice Christine V. Clarke. Signed by Judge Steven D. Grimberg on 11/25/2019. 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.(bdb)
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| Clerk's Certificate of Mailing as to Mary Statham re #81 Order on Application for Admission PHV to Christine V. Clarke. (bdb) |
| APPROVAL by Clerks Office re: #79 APPLICATION for Admission of Christine V. Clarke Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9098198). Documents for this entry are not available for viewing outside the courthouse.. Attorney Matthew Scott Harman added appearing on behalf of Mary Statham (jkm) |
| Filing 80 CERTIFICATE of Compliance Christine V. Clarke (Harman, Matthew) |
| Filing 79 APPLICATION for Admission of Christine V. Clarke Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9098198). Documents for this entry are not available for viewing outside the courthouse.by Mary Statham. (Harman, Matthew) |
| Clerk's Certificate of Mailing re #78 Order on Application for Admission PHV to Christopher A. Gomez. (adg) |
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Filing 78
ORDER granting #75 Application for Admission Pro Hac Vice of Christopher A. Gomez. Signed by Judge Steven D. Grimberg on 11/14/19. 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.(ash)
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| Filing 77 CERTIFICATE of Compliance of Christopher Gomez (Harman, Matthew) |
| Filing 76 CERTIFICATE of Compliance (Rumanek, S.) |
| APPROVAL by Clerks Office re: #75 APPLICATION for Admission of Christopher A. Gomez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9061431). Documents for this entry are not available for viewing outside the courthouse.. Attorney Christopher A. Gomez added appearing on behalf of Mary Statham (pmb) |
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ORDER granting #69 , #70 , #71 , #72 , #73 , #74 Motions to Withdraw as Attorney. Attorneys Christy D. Jones; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; Philip J. Combs; and William M. Gage terminated. Signed by Judge Steven D. Grimberg on 11/7/19. (kmj)
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| Filing 75 APPLICATION for Admission of Christopher A. Gomez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9061431). Documents for this entry are not available for viewing outside the courthouse.by Mary Statham. (Harman, Matthew) |
| Filing 74 MOTION to Withdraw William M. Gage as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text (rlb). |
| Filing 73 MOTION to Withdraw Susan M. Robinson as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text (rlb). |
| Filing 72 MOTION to Withdraw Philip J. Combsas Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text(rlb). |
| Filing 71 MOTION to Withdraw Kari L. Sutherland as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text (rlb). |
| Filing 70 MOTION to Withdraw David B. Thomas as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text (rlb). |
| Filing 69 MOTION to Withdraw Christy D. Jones as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/7/2019 to edit text (rlb). |
| Filing 68 NOTICE of Appearance by Halli Dee Cohn on behalf of Ethicon Inc., Johnson & Johnson (Cohn, Halli) |
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Filing 67
STANDING ORDER regarding civil litigation. All counsel of record and pro se parties are required to sign and file, within 10 days after entry of this Order, a Certificate of Compliance in a format consistent with the Certificate of Compliance attached as Exhibit B. Signed by Judge Steven D. Grimberg on 10/2/19. (jpa)
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| Clerk's Certificate of Mailing as to Kline & Specter re #67 Order. (jpa) |
| Filing 66 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-00661. Original file certified copy of transfer order and docket sheet received. |
| Filing 65 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#61 Continued, (4946) NOTICE of Adoption of Wave 1 Daubert Response Regarding Joye K. Lowman, M.D. for Wave 6 by Et, #2 Exhibit ECF#61 Continued, (4973) NOTICE of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 6 by Ethico, #3 Exhibit ECF#61 Continued, (4984) NOTICE of Adoption of Prior Daubert Reply of Elaine Duncan, M.D. for Wave 6, #4 Exhibit ECF#61 Continued, (4999) NOTICE of Adoption of Prior Daubert Reply of Joye K. Lowman, M.D. for Wave 6 by All Plaintiff, #5 Exhibit ECF#61 Continued, (5018) NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 6 by All Plaintiffs, #6 Exhibit ECF#61 Continued, (5020) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 6 by All Plaint, #7 Exhibit ECF#61 Continued, (5024) Notice of Adoption of Prior Reply In Support of Motion to Exclude Suzanne Parisian, #8 Exhibit ECF#61 Continued, (5025) Notice of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, #9 Exhibit ECF#61 Continued, (5028) NOTICE of Adoption of Prior Daubert Reply of Steven Goldwasser, M.D. for Wave 6 by All Plaint, #10 Exhibit ECF#61 Continued, (5032) NOTICE of Adoption of Prior Daubert Reply Regarding Vladimir Iakovlev, M.D. for Wave 6 by Eth, #11 Exhibit ECF#61 Continued, (5034) NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 6 by E, #12 Exhibit ECF#61 Continued, (74809) NOTICE of Adoption of Prior Daubert Motion of Elaine Duncan, M.D. for Wave 6, #13 Exhibit ECF#61 Continued, (74827) NOTICE of Adoption of Prior Daubert Motion of Joye K. Lowman, M.D. for Wave 6 by All Plainti)(Gage, William) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 64 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#61 Continued, (4372) MEMORANDUM by All Plaintiffs in support of (4365) MOTION to Exclude or Otherwise Limit the Op, #2 Exhibit ECF#61 Continued, (4553) MEMORANDUM in Opposition to Motion to Exclude Testimony of Steven Goldwasser, M.D., #3 Exhibit ECF#61 Continued, (4554) RESPONSE to Motion to Exclude Bobby Shull, #4 Exhibit ECF#61 Continued, (4558) Response In Opposition to Motion to Exclude Opinions of Daniel Elliott, #5 Exhibit ECF#61 Continued, (4625) REPLY Brief Supporting Motion to Exclude Opinions of Bobby Shull, #6 Exhibit ECF#61 Continued, (4635) Reply Brief in Support of Motion to Exclude Opinions of Daniel Elliott, #7 Exhibit ECF#61 Continued, (4801) Notice of Adoption of Prior Daubert Motion of Steven Goldwasser, #8 Exhibit ECF#61 Continued, (4820) NOTICE of Adoption of Ethicon_s Motion to Exclude the Opinions & Testimony of Dr. Vladimir Ia, #9 Exhibit ECF#61 Continued, (4833) NOTICE of Adoption of Ethicon_s Motion to Exclude the Opinions & Testimony of Prof. Dr. Med., #10 Exhibit ECF#61 Continued, (4852) NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 6 by All Plaintiffs - (T, #11 Exhibit ECF#61 Continued, (4860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, MD for Wave 6 by All Plainti, #12 Exhibit ECF#61 Continued, (4862) Notice of Adoption of Prior Daubert Motion to Exclude Peggy Pence, #13 Exhibit ECF#61 Continued, (4863) Notice of Adoption of Prior Motion to Exclude Suzanne Parisian, #14 Exhibit ECF#61 Continued, (4869) Notice of Adoption of Prior Daubert Motion To Exclude Opinions of Bobby Shull, #15 Exhibit ECF#61 Continued, (4874) Motion to Exclude Opinions of Daniel Elliott, #16 Exhibit ECF#61 Continued, (4881) MEMO in Support of Motion to Exclude Daniel Elliott, #17 Exhibit ECF#61 Continued, (4899) Notice of Adoption of Prior Daubert Response Regarding Daniel Elliott, #18 Exhibit ECF#61 Continued, (4902) NOTICE of Adoption of Prior Daubert Response of Vladimir Iakovlev, M.D. for Wave 6 by All Pla, #19 Exhibit ECF#61 Continued, (4904) NOTICE of Adoption of Prior Daubert Response of Prof Dr. Med. Uwe Klinge for Wave 6 by All Pl, #20 Exhibit ECF#61 Continued, (4909) Notice of Adoption of Prior Daubert Response of Suzanne Parisian, #21 Exhibit ECF#61 Continued, (4910) Notice of Adoption of Prior Daubert Response of Peggy Pence, #22 Exhibit ECF#61 Continued, (4915) Notice of Adoption of Prior Daubert Response of Bobby Shull, #23 Exhibit ECF#61 Continued, (4923) NOTICE of Adoption of Prior Daubert Response of Elaine Duncan for Wave 6, #24 Exhibit ECF#61 Continued, (4936) NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE OF STEVEN GOLDWASSER, M.D. FOR WAVE 6 by Ethicon, #25 Exhibit ECF#61 Continued, (4941) RESPONSE by Ethicon Women_s Health & Urology, J&J in opposition to (2187) Response In Opposit)(Gage, William) (Modified on 10/28/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 63 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#61 Continued, (3626) Part 1; MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #2 Exhibit ECF#61 Continued, (3626) Part 2; MOTION To Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #3 Exhibit ECF#61 Continued, (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #4 Exhibit ECF#61 Continued, (3677) Motion to Exclude Expert Testimony of Dr. Goldwasser Exhibits A-C, #5 Exhibit ECF#61 Continued, (3678) MEMORANDUM by All Plaintiffs in support of (3677) MOTION to Exclude Testimony of Steven Goldw, #6 Exhibit ECF#61 Continued, (3754) Def RESPONSE to MTE Expert Testimony of Dr. Goldwasser Exhibits A-B, #7 Exhibit ECF#61 Continued, (3767) Part 1; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #8 Exhibit ECF#61 Continued, (3767) Part 2; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #9 Exhibit ECF#61 Continued, (3767) Part 3; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #10 Exhibit ECF#61 Continued, (3767) Part 4; Response by Defendants' in Opposition to Motion to Exclude Uwe Klinge, #11 Exhibit ECF#61 Continued, (3788) MEMORANDUM in opposition to MOTION to Exclude Suzanne Parisian, M.D, #12 Exhibit ECF#61 Continued, (3790) Part 1; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #13 Exhibit ECF#61 Continued, (3790) Part 2; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #14 Exhibit ECF#61 Continued, (3790) Part 3; RESPONSE in opposition to MOTION to Exclude the Testimony of Dr. Vladimir Iakovlev, #15 Exhibit ECF#61 Continued, (3845) REPLY in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D., #16 Exhibit ECF#61 Continued, (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #17 Exhibit ECF#61 Continued, (3864) REPLY in Support of Motion to Exclude Testimony of Steven Goldwasser, M.D., #18 Exhibit ECF#61 Continued, (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, M.D., #19 Exhibit ECF#61 Continued, (4355) MOTION to Exclude CERTAIN GENERAL OPINIONS OF BOBBY SHULL, M.D., #20 Exhibit ECF#61 Continued, (4361) MEMORANDUM in Support of Motion to Exclude Opinons of Bobby Shull, #21 Exhibit ECF#61 Continued, (4364) Part 1; Motion to Exclude Opinions of Daniel Elliott, #22 Exhibit ECF#61 Continued, (4364) Part 2; Motion to Exclude Opinions of Daniel Elliott, #23 Exhibit ECF#61 Continued, (4364) Part 3; Motion to Exclude Opinions of Daniel Elliott, #24 Exhibit ECF#61 Continued, (4365) MOTION to Exclude Testimony of Steven Goldwasser, M.D., #25 Exhibit ECF#61 Continued, (4367) MEMO in Support of Motion to Exclude Certain Opinions of Daniel Elliott)(Gage, William) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 62 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#61 Continued, (2458) MEMORANDUM by All Plaintiffs in support of 2455 MOTION by All Plaintiffs to Exclude Opinion, #2 Exhibit ECF#61 Continued, (2553) Part 1; Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #3 Exhibit ECF#61 Continued, (2553) Part 2; Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #4 Exhibit ECF#61 Continued, (2553) Part 3; Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby T, #5 Exhibit ECF#61 Continued, (2613) Reply Memorandum in support of Motion to Exclude Testimony of Joye K. Lowman, #6 Exhibit ECF#61 Continued, (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #7 Exhibit ECF#61 Continued, (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #8 Exhibit ECF#61 Continued, (2760) MEMORANDUM in Support of Motion to Exclude Peggy Pence, Ph.D., #9 Exhibit ECF#61 Continued, (2815) Memorandum in Support of Motion to Exclude Certain General Opinions of Daniel Elliott, M.D._32863657_1, #10 Exhibit ECF#61 Continued, (2839) Part 1; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #11 Exhibit ECF#61 Continued, (2839) Part 1; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #12 Exhibit ECF#61 Continued, (2841) Memorandum in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Sh, #13 Exhibit ECF#61 Continued, (2910) Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #14 Exhibit ECF#61 Continued, (2949) MEMORANDUM by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #15 Exhibit ECF#61 Continued, (2952) MEMORANDUM in Opposition to Motion to Exclude Opinions of Daniel Elliot, #16 Exhibit ECF#61 Continued, (2957) Response in opposition to motion to exclude testimony of Dr. Shelby Thames, #17 Exhibit ECF#61 Continued, (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #18 Exhibit ECF#61 Continued, (3019) REPLY by Ethicon in Support of Defendants Motion to Exclude Suzanne Parisian, M.D., #19 Exhibit ECF#61 Continued, (3029) REPLY by Lyla Abarca and Ethicon in Opposition to Motion to Exclude Certain General Opinins of Daniel Elliott, M.D._33381918_1, #20 Exhibit ECF#61 Continued, (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #21 Exhibit ECF#61 Continued, (3592) Motion to Exclude Suzanne Parisian, #22 Exhibit ECF#61 Continued, (3594) MEMORANDUM in Support of Motion to Exclude Suzanne Parisian, M.D., #23 Exhibit ECF#61 Continued, (3619) Part 1; MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #24 Exhibit ECF#61 Continued, (3619) Part 2; MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #25 Exhibit ECF#61 Continued, (3621) MEMORANDUM of Law in Support of Motion to Exclude Dr. Vladirmir Iakovlev)(Gage, William) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 61 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) FIRST AMENDED MASTER LONG FORM COMPLAINT AND JURY DEMAND, #2 Exhibit (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT. (ras)_13906847_1, #3 Exhibit (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT. (ras)_13906977_1, #4 Exhibit (262) SHORT FORM COMPLAINT. (ras)_14066686_1, #5 Exhibit (263) AMENDED SHORT FORM COMPLAINT. (ras)_14066608_1, #6 Exhibit (2033) MOTION by All Plaintiffs to Exclude Elaine Duncan, #7 Exhibit (2036) MEMORANDUM by All Plaintiffs in support of 2033 MOTION by All Plaintiffs to Exclude Elaine Duncan, #8 Exhibit (2039) MOTION by All Plaintiffs to Exclude Dr. Shelby Thames. (Attachments_ #1 Exhibit(s) A, # (2, #9 Exhibit (2042) MEMORANDUM by All Plaintiffs in support of 2039 MOTION by All Plaintiffs to Exclude Dr. She, #10 Exhibit (2060) MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski. (Attachment, #11 Exhibit (2061) Plaintiffs' Motion to Exclude Opinions and Testimony of Joye K. Lowman, M.D, #12 Exhibit (2065) MEMORANDUM by All Plaintiffs in support of 2060 MOTION by All Plaintiffs to Exclude the Opi, #13 Exhibit (2067) MEMORANDUM in Support of Motion to Exclude Testimony of Joye K. Lowman, #14 Exhibit (2134) RESPONSE by Ethicon Women_s Health and Urology, Johnson & Johnso..., #15 Exhibit (2155) Part 1; Response to Plaintiffs Motion to Exclude the Opinions and Testimony of Elaine Duncan, M.D., #16 Exhibit (2155) Part 2; Response to Plaintiffs Motion to Exclude the Opinions and Testimony of Elaine Duncan, M.D., #17 Exhibit (2161) MEMORANDUM in Opposition to Motion to Exclude Testimony of Joye K. Lowman, #18 Exhibit (2187) Response in Opposition to Exclude the Testimony of Dr. Shelby Thames, Ph.D., #19 Exhibit (2223) Memorandum in Reply to Defendants_ Opposition to Plaintiffs_ Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan_31197790_1, #20 Exhibit (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude Timothy Ulatowski, #21 Exhibit (2247) REPLY in Support of Plaintiffs_ Motion to Exclude the Opinions of Dr. Shelby Thames, #22 Exhibit (2449) Notice of Motion and Motion to Exclude Testimony of Joye Lowman, #23 Exhibit (2452) MEMORANDUM in support of MOTION to Exclude Testimony of Joye Lowman, #24 Exhibit (2455) Part 1; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #25 Exhibit (2455) Part 2; MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames)(Gage, William) (Modified on 10/28/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 60
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 59 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 4/25/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 58 RESPONSE TO ORDER TO SHOW CAUSE by Mary Statham (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 57
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 56
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 55
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) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 54
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Daniel Elliott, M.D.) re: ECF No. 4874 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain General Opinions of Daniel Elliott, M.D. filed in MDL 2327; the ECF No. 2666 Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.) entered on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases as identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 9/5/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 53
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Peggy Pence, Ph. D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Peggy Pence, Ph. D.) filed at ECF No. 2664 in MDL 2327 on 8/25/2016, 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 8/1/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 52
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bobby Shull, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Bobby Shull, M.D.) filed at ECF No. 2711 in MDL 2327 on 9/19/2016, 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 8/1/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 51
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) entered at ECF No. 2642 in MDL 2327 on 8/24/2016, 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 7/31/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 50
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Vladimir Iakovlev, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Vladimir Iakovlev, M.D.) entered at ECF No. 2710 in MDL 2327 on 9/1/2016, 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 6 cases identified in the Exhibit attached hereto) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 49 NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Steven Berliner, M.D. on February 1, 2018 at 9:00 a.m. EST (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 48 RESPONSE by Mary Statham in opposition to #42 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Dr. Steven H. Berliner, M.D. (Attachment: #1 Proposed Order)(Clarke, Christine) (Modified on 11/6/2017 to remove link to #43 memorandum) (kp). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 47 REPLY by Ethicon, Inc., Johnson & Johnson to #46 Memorandum In Opposition. (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 46 MEMORANDUM by Mary Statham in opposition to #40 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 45 OPPOSITION by Mary Statham to #40 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 44 OPPOSITION by Mary Statham to #40 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Proposed Order)(Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 43 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #42 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Dr. Steven H. Berliner, M.D. (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 42 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Dr. Steven H. Berliner, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 41 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #40 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 40 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 39
ORDER granting #38 UNOPPOSED MOTION by Ethicon, Inc., Johnson & Johnson to Take Deposition of Dr. Steven H. Berliner After Discovery is Closed. Signed by Judge Joseph R. Goodwin on 9/21/2017. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 38 UNOPPOSED MOTION by Ethicon, Inc., Johnson & Johnson to Take Deposition of Dr. Steven H. Berliner After Discovery is Closed (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 37
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 plaintiffs 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) (drs) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 36 CERTIFICATE OF SERVICE by Mary Statham for Responses to Interrogatories, Requests for Admissions and Requests for Production of Documents. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 35 NOTICE OF VIDEOTAPE DEPOSITION by Mary Statham of Nathan Mordel, MD on TBD at TBD (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 34 CROSS NOTICE OF VIDEOTAPE DEPOSITION by Mary Statham of Nathan Mordel, MD on TBD at TBD (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 33 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 32 JOINT STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF TREATING PHYSICIANS AND FRIENDS/FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Mary Statham (Rumanek, S.) (Modified on 8/30/2017 to add party filer) (kp). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 31 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert V. DiMeglio, M.D. on To Be Determined at To Be Determined (Attachment: #1 PTO #38)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 30 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Interrogatories, First Request for Production of Documents and First Request for Admissions to Plaintiff. (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 29 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF MARY STATHAM by Mary Statham, Johnson & Johnson, Ethicon, Inc. (Attachment: #1 Certificate of Service)(Clarke, Christine) (Modified on 8/8/2017 to add party filers) (ts). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 28 CROSS NOTICE OF VIDEOTAPE DEPOSITION by Mary Statham of Shobha C. Roa, MD on August 3, 2017 at 1:00 pm. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 27 CROSS NOTICE OF VIDEOTAPE DEPOSITION by Mary Statham of Shoba C. Roa, MD on August 3, 2017 at 1:00 p.m. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Mary Statham for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 25 CROSS NOTICE OF VIDEOTAPE DEPOSITION by Mary Statham of Stephanie Gordon, MD on July 25, 2017 at 4:00 p.m. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 24 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Shobha R.C. Rao, M.D. on August 3, 2017 at 1:00 p.m. (Attachment: #1 Pretrial Order #38)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 23
PRETRIAL ORDER # 261 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) directing Ethicon, LLC be dismissed without prejudice from each case remaining in Wave 6, identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 6/23/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 Cases Listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 22 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Stephanie Gordon, M.D. on July 25, 2017 at 4:00 p.m. (Attachment: #1 Pretrial Order #38)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 PLAINTIFF FACT SHEET filed by Mary Statham. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 PLAINTIFF PROFILE FORM filed by Mary Statham. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Stephanie Gordon, M.D. on 6/19/2017 at 10:00 a.m. (Attachment: #1 Pretrial Order #38)(Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Mary Statham on 6/27/2017 at 11:00 a.m. (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE by Christine V. Clarke on behalf of Mary Statham. (Clarke, Christine) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David Frederic Norden on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Norden, David) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE by S. Eric Rumanek on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Rumanek, S.) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 14
PRETRIAL ORDER # 251 (Docket Control Order - Wave 6 Cases) The parties recently submitted a joint list of 400 of the oldest cases in the Ethicon MDL not already in a wave that name only Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson or allege claims against only the Ethicon defendants' products. These cases, attached hereto as Exhibit A, will be known as the "Ethicon Wave 6 cases," and it is ORDERED as follows: Scheduling Deadlines. The following deadlines shall apply in the Ethicon Wave 6 cases: Plaintiff Fact Sheets due by 5/25/2017, Defendant Fact Sheets due by 6/26/2017, Deadline for written discovery requests due by 8/11/2017, Expert disclosure by plaintiffs due by 7/27/2017, Expert disclosure by defendants due by 8/28/2017, Expert disclosure for rebuttal purposes due by 9/11/2017, Deposition deadline and close of discovery due by 9/25/2017, Filing of Dispositive Motions due by 10/16/2017, Response to Dispositive Motions due by 10/30/2017, Reply to response to dispositive motions due by 11/06/2017, Filing of Daubert motions due by 10/23/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/13/2017. 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 court's attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 8/21/2017, any response is due 9/05/2017 and any reply is due 9/12/2017. Venue Recommendations. By no later than 8/30/2017, 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 9/11/2017. Signed by Judge Joseph R. Goodwin on 4/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 cases listed on Exhibit A) (rec) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Shobha C. Roa on 08/01/2017 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 10
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 9 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 8 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 7 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 6 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 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 2/4/2013, answer due 2/25/2013. Summons served on scott lascala. (Balefsky, Lee) [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 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 2 TRANSMITTED PRETRIAL ORDER 30 (Order Cancelling January 10, 2013, In Chambers Conference and Status Conference) entered on 01/08/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2172355. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 10/31/2019.] |
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