Capes v. Ethicon, Inc. et al
| Serita Capes |
| Ethicon, LLC, Johnson & Johnson and Ethicon Inc. |
| 1:2019cv04895 |
| October 30, 2019 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 61 BILL OF COSTS by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Rumanek, S.) |
| Filing 60 CLERK'S JUDGMENT in favor of defendants against plaintiff for costs of action. (adg)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
Filing 59
ORDER GRANTING #23 Amended Motion for Summary Judgment; DENYING as moot #21 Motion for Partial Summary Judgment. The Clerk is directed to close this case. Signed by Judge Timothy C. Batten, Sr. on 12/5/2019. (adg)
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| Civil Case Terminated. (adg) |
| Filing 58 RESPONSE re #57 Reply to Response to Motion For Amended Voluntary Withdrawal of Claims filed by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) |
| Filing 57 REPLY to Response to Motion re #23 AMENDED MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment filed by Serita Capes. (Harman, Matthew) |
| Filing 56 RESPONSE re #55 Response in Opposition to Motion for Amended Voluntary Withdrawal of Claims filed by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) |
| MINUTE ORDER granting #52 Application for Admission Pro Hac Vice of Christopher A. Gomez. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 11/25/19. 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.(se) |
| Filing 55 Plaintiff's Amended Voluntary Withdrawal of Claims by Serita Capes. (Attachments: #1 Text of Proposed Order Proposed Order)(Harman, Matthew) Modified on 12/5/2019 to correct docket text (usw). |
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Filing 54
ORDER: Because it is unclear from the parties' briefing whether Defendants seek summary judgment as to Counts I (negligent design defect), XVII, and XVIII, Defendants have until November 26, 2019 to file supplemental briefing (not to exceed 7 pages) on these claims. Capes shall file its response brief (not to exceed 5 pages) by December 4, 2019. Failure of Defendants to brief the Court on these claims will result in a denial of summary judgment as to Counts I (negligent design defect), XVII, and XVIII. Signed by Judge Timothy C. Batten, Sr. on 11/19/19. (rsh)
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| APPROVAL by Clerks Office re: #52 APPLICATION for Admission of Christopher A. Gomez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9091436). Documents for this entry are not available for viewing outside the courthouse.. Attorney Christopher A. Gomez added appearing on behalf of Serita Capes (pmb) |
| Filing 53 Plaintiff's Voluntary WITHDRAWAL of Claim by Serita Capes. (Attachments: #1 Text of Proposed Order Order)(Harman, Matthew) |
| Filing 52 APPLICATION for Admission of Christopher A. Gomez Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9091436). Documents for this entry are not available for viewing outside the courthouse.by Serita Capes. (Harman, Matthew) |
| Filing 51 MOTION to Withdraw William M. Gage as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request(bnp). |
| Filing 50 MOTION to Withdraw James C. Barton. Jr. as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request (bnp). |
| Filing 49 MOTION to Withdraw Susan M. Robinson as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request(bnp). |
| Filing 48 MOTION to Withdraw Kari L. Sutherland as Attorney by Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request(bnp). |
| Filing 47 MOTION to Withdraw David B. Thomas as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request (bnp). |
| Filing 46 MOTION to Withdraw Christy D. Jones as Attorneyby Ethicon Inc., Johnson & Johnson. (Rumanek, S.) Modified on 11/25/2019 to edit docket text per attorney's request (bnp). |
| Filing 45 NOTICE of Appearance by Halli Dee Cohn on behalf of Ethicon Inc., Johnson & Johnson (Cohn, Halli) |
| Filing 44 NOTICE of Appearance by David F. Norden on behalf of Ethicon Inc., Johnson & Johnson (Norden, David) |
| Filing 43 NOTICE of Appearance by S. Eric Rumanek on behalf of Ethicon Inc., Johnson & Johnson (Rumanek, S.) |
| Filing 42 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-06571. Original file certified copy of transfer order and docket sheet received. |
| Filing 41 CONTINUED DESIGNATION OF RECORD For MDL Transfers Re: 2:12-Md-02327 - Ethicon, Inc. (Attachments: #1 2017-Plaintiffs Motion To Exclude Certain Opinions And Testimony Of Barry Schlafstein, M.D., #2 2039-Plaintiffs Motion To Exclude The Opinions And Testimony Of Shelby Thames, #3 2060-Plaintiffs Daubert Motion To Exclude The Opinions Of Fda Expert Timothy Ulatowski, #4 2061-Plaintiffs Motion To Exclude Opinions And Testimony Of Joye K. Lowman, M.D., M.P.H., #5 2247-Reply In Support Of Plaintiffs Motion To Exclude The Opinions Of Dr. Shelby Thames, #6 2247- Reply In Support Of Plaintiffs Motion To Exclude The Opinions Of Dr. Shelby Thames Attachment 1, #7 2449-Plaintiffs Notice Of Motion And Motion To Limit Or Exclude The General Opinion Testimony Of Joye K. Lowman, M.D. As Well As Her Specific Opinions In The Case Of Pamela Bailey, #8 2455-Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames, #9 2445-Plaintiffs Motion To Exclude Opinions And Testimony Of Dr. Shelby Thames Attachment 1, #10 2458-Memorandum In Support Of Plaintiffs Motion To Exclude Certain Opinions Of Dr. Shelby Thames, #11 2931-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Certain General Opinions Of Bruce Rosenzweig, M.D., #12 2949-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Peggy Pence, Ph.D., #13 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge, #14 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 2, #15 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 3, #16 3767-Plaintiffs Opposition To Defendants Motion To Exclude The Opinions And Testimony Of Prof. Dr. Med. Uwe Klinge Pt 4, #17 5482-Plaintiffs Memorandum In Opposition To Defendants Motion To Exclude Certain General Opinions Of Bruce Rosenzweig, M.D., #18 7045-Plaintiffs Opposition to Defendants Motion To Exclude The Opinions And Testimony Of Dr. Vladimir Iakovlev)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 40 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge for Wave 8 by Ethicon, Inc., Johnson & Johnson re: 3855 Reply to Response, #2 Exhibit ECF 2174 - Defendants' Response to Plaintiffs' Motion to Exclude Certain Opinions and Testimony of Barry Schlafstein, M.D., #3 Exhibit ECF 6970 - Notice of Adoption of Prior Daubert Response (2174) of Barry Schlafstein, M.D. for Wave 8)(Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (2143) RESPONSE TO PLAINTIFFS AMENDED MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF DR. THOMAS C. WRIGHT, JR., M.D., #2 Exhibit (3844) REPLY TO NOTICE of Adoption of Prior Daubert Response of Thomas C. Wright, Jr., M.D. for Wave 4 by All Plaintiffs, #3 Exhibit (6864) NOTICE of Adoption of Prior Daubert Motion of Thomas C. Wright, Jr., M.D. for Wave 8 by All Plaintiffs, #4 Exhibit (6973) Notice of Adoption of Prior Daubert Response of Thomas C. Wright, Jr., M.D, #5 Exhibit (7119) NOTICE of Adoption of Prior Daubert Reply of Thomas C. Wright, M.D. for Wave 8 by All Plaintiffs, #6 Exhibit (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #7 Exhibit (2042) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #8 Exhibit (2187) RESPONSE by Ethicon in opposition to Exclude the Opinions and Testimony of Dr. Shelby Thames, #9 Exhibit (2247) REPLY in Support of Plaintiffs Motion to Exclude the Opinions of Dr. Shelby Thames, #10 Exhibit (2455) Plaintiffs' Motion to Exclude Shelby Thames, #11 Exhibit (2458) MEMO by All Plaintiffs in support of MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #12 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #13 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part2, #14 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part3, #15 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part4, #16 Exhibit (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part5, #17 Exhibit (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #18 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #19 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part2, #20 Exhibit (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part3, #21 Exhibit (2841) Memo in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #22 Exhibit (2957) RESPONSE by Ethicon in Opposition to Plaintiffs_ Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #23 Exhibit (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #24 Exhibit (6857) NOTICE of Adoption of Prior Daubert Motion of Shelby Thames for Wave 8 by All Plaintiffs, #25 Exhibit (6972) Notice of Adoption of Prior Daubert Response of Shelby Thames for Wave 8, #26 Exhibit (7113) NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, M.D. for Wave 8 by All Plaintiffs)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #2 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #3 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #4 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #5 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #6 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #7 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #8 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part31, #9 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #10 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #11 Exhibit (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, MD. by Ethicon, #12 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part1, #13 Errata (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part2, #14 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part3, #15 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part4, #16 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part5, #17 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part6, #18 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part7, #19 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part8, #20 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part9, #21 Exhibit (6874) MOTION by Ethicon, Inc. Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev - Part10, #22 Exhibit (6875) MEMO OF LAW in support to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #23 Exhibit (7038) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION AND OPPOSITION TO MOTION TO EXCLUDE VLADIMIR IAKOLEV MD, #24 Exhibit (7045) Plaintiffs' Opposition to Defense Motion to Exclude Opinions and Testimony of Dr. Vladimir Iakolev, #25 Exhibit (7085) Plaintiff's Amended Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev for Wave 8, #26 Exhibit (7183) REPLY in Further Support of Plaintiffs Motion to Exclude Certain Opinions of Vladimir Iakolov, MD, #27 Exhibit (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #28 Exhibit (2760) Defendants Johnson & Johnson and Ethicon Memo in Support of Motion to Exclude Peggy Pence, PH.D., #29 Exhibit (2949) MEMO by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #30 Exhibit (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #31 Exhibit (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #32 Exhibit (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8, #33 Exhibit (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #34 Exhibit (2061) P MTE Joye Lowman, #35 Exhibit (2067) P memo in support MTE Lowman, #36 Exhibit (2161) Memo in opposition to MTE Lowman, #37 Exhibit (2449) P MTE Lowman case specific Bailey, #38 Exhibit (2452) P memo in support MTE Lowman case specific Bailey, #39 Exhibit (2613) P reply MTE Lowman, #40 Exhibit (6822) P notice of adoption MTE Lowman w8, #41 Exhibit (6943) D adoption daubert response Lowman, #42 Exhibit (7137) P Notice of adoption reply mte Lowman, #43 Exhibit (2017) P MTE Dr. Barry Schlafstein, #44 Exhibit (2019) P Memo in support MTE Schlafstein, #45 Exhibit (2174) D response MTE Schlafstein, #46 Exhibit (6847) NOTICE OF ADOPTION OF PRIOR DAUBERT MOTION OF BARRY SCHLAFSTEIN, MD, #47 Exhibit (6970) D Notice of adoption of Response MTE Schlafstein w8, #48 Exhibit (2060) Plaintiffs' motion to exclude Tim Ulatowski WAVE 1, #49 Exhibit (2065) Plaintiff's Memo in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski for Wave 8, #50 Exhibit (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #51 Exhibit (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #52 Exhibit (2910) NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TIMOTHY ULATOWSKI FOR WAVE 3, #53 Exhibit (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8, #54 Exhibit (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski Wave 8, #55 Exhibit (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaintiffs, #56 Exhibit (1986) AMENDED MOTION by All Plaintiffs to Exclude Opinions and Testimony of Thomas C. Wright, Jr., M.D.)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 34 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 (Pelvic), #2 Exhibit (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 Exhibit (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 Exhibit (262) Short Form Complaint, #5 Exhibit (0263) Amended Short Form Complaint, #6 Exhibit (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #7 Exhibit (2818) Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #8 Exhibit (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #9 Exhibit (5332) MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #10 Exhibit (5333) MEMO by Ethicon in support of MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #11 Exhibit (5482) MEMO by All Plaintiffs in opposition to MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #12 Exhibit (5548) REPLY by Ethicon to Memo In Opposition, #13 Exhibit (6852) Adoption of Rosenzweig WAVE 8, #14 Exhibit (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8, #15 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part1, #16 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #17 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #18 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #19 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #20 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #21 Exhibit (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #22 Exhibit (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #23 Exhibit (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #24 Exhibit (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #25 Exhibit (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #26 Exhibit (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #27 Exhibit (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #28 Exhibit (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #29 Exhibit (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part1, #30 Exhibit (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part2, #31 Exhibit (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part3, #32 Exhibit (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part4, #33 Exhibit (3621) MEMORANDUM in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #34 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #35 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #36 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #37 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #38 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #39 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #40 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #41 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #42 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - 9, #43 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #44 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #45 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #46 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #47 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #48 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #49 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #50 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17, #51 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part18, #52 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #53 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #54 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part211, #55 Exhibit (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22)(Balefsky, Lee) (Modified on 10/30/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 33
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 32 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 5/1/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Serita Capes (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 30
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 29
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) (sak) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 28 REPLY by Ethicon, Inc., Johnson & Johnson to #26 Response In Opposition to Defendants' Amended Motion for Summary Judgment. (Attachment: #1 Exhibit F)(Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 27 MEMORANDUM by Serita Capes in opposition to #23 AMENDED MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 OPPOSITION by Serita Capes to #23 AMENDED MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 25
ORDER Directing that the Stipulation of Dismissal of Defendant Ethicon LLC filed in each case listed in Exhibit A is APPROVED; the Clerk is DIRECTED to dismiss Ethicon LLC in each case in Exhibit A. Signed by Judge Joseph R. Goodwin on 10/25/2018. (cc: counsel of record; any unrepresented party) (kab) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 24 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #23 AMENDED MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 23 AMENDED MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A - E)(Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 22 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #21 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - E)(Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 NOTICE OF VIDEO DEPOSITIONS OF FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson of Bryan Capes and Lori O'Kelley on Dates to be Determined. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 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. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE by James C. Barton, Jr on behalf of Ethicon, Inc., Johnson & Johnson. (Barton, James) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC With Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Serita Capes (Robinson, Susan) (Modified on 6/19/2018 to add party filer)(rmc). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 15 RETURN OF SERVICE ON SUBPOENA for Dr. John Hydrick. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 17
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (pma) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 14 CERTIFICATE OF SERVICE by Serita Capes for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 13 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. John Hydrick on 7/16/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Serita Capes on 6/22/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. John T. Hydrick on 3/8/2018 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 10
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Serita Capes. (Gomez, Christopher) [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 Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 5 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 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 # 41 (Defendant Fact Sheet) entered on 03/15/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Defendant's Fact Sheet) (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2312684. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 10/31/2019.] |
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