Smith et al v. Johnson & Johnson et al
| Ginger Rene Smith and Andrew M. Smith, Sr. |
| Boston Scientific Corporation, Ethicon Inc. and Johnson & Johnson |
| 1:2019cv04897 |
| October 30, 2019 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 36
STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 11/1/2019. (tmf)
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| Clerk's Certificate of Mailing as to Edward A. Wallace and Michael H. Bowman re #36 Order. (tmf) |
| Filing 35 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-10153. Original file certified copy of transfer order and docket sheet received. |
| Filing 34 NOTICE of Statement for Inactive Case by Ethicon, Inc., Johnson & Johnson (Gage, William) [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 Andrew M. Smith, Sr, Ginger Rene Smith (Wallace, Edward) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exh 1-List of Cases, #2 Exh 2- Letter)(Gage, William) [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
ORDER granting #27 JOINT MOTION by Boston Scientific Corporation, Ginger Rene Smith, and Andrew M. Smith, Sr. as modified to Dismiss Defendant Boston Scientific Corporation Without Prejudice and MOTION by Ginger Rene Smith and Andrew M. Smith, Sr. to Transfer from MDL 2326 Boston Scientific to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2326 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 3/20/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 27 JOINT MOTION by Boston Scientific Corporation, Ginger Rene Smith, and Andrew M. Smith, Sr. to Dismiss Defendant Boston Scientific Corporation Without Prejudice and MOTION by Ginger Rene Smith and Andrew M. Smith, Sr. to Transfer from MDL 2326 Boston Scientific to MDL 2327 Ethicon. (Strongman, Jon) (Modified on 3/20/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibits A-B)(Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 24 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Howard Goldberg on 12/05/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 23 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Ginger Rene Smith on 10/25/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Plaintiff's Friends and Family Members on dates and at times to be determined. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Howard Goldberg on 11/14/18 at 1:30 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 20 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Ginger Rene Smith on 10/25/18 at 1:00 p.m. (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 Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc. of First Set of Interrogatories, Requests for Admission and Requests for Production. (Gage, William) (Modified on 9/25/2018 to remove party filer)(rmc). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 NOTICE of filing subpoena to Ginger Smith by Ethicon, Inc., Johnson & Johnson (Higginbotham, Daniel) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Ginger Rene Smith on 9/28/2018 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 15
ORDER granting the Motions filed in MDL 2326 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 2326 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 2326 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 14 NOTICE OF SETTLEMENT by Boston Scientific Corporation, Ginger Rene Smith, Andrew M. Smith, Sr. (Strongman, Jon) (Modified on 8/31/2018 to add party filers) (kp). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 13
PRETRIAL ORDER # 187 (Amended Docket Control Order - Boston Scientific Corp. Wave 4 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 175. 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 4 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; and 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 2326; BSC Wave 4 Cases) (kp) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 12
PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (brn) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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Filing 11
PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (klc) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Howard Goldberg on 3/20/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 10
PRETRIAL ORDER # 175 (Docket Control Order - Boston Scientific Corp. Wave 4 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING BOSTON SCIENTIFIC CORPORATION 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 4 cases") becomes subject to the deadlines in this Docket Control Order. The following deadlines apply in all Wave 4 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 4 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 2326; BSC Wave 4 Cases Listed on Exhibit A) (lca) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 8 PLAINTIFF PROFILE FORM filed by Andrew M. Smith, Sr, Ginger Rene Smith. (Wallace, Edward) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [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 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 7/22/2015. Boston Scientific Corporation waiver mailed on 7/17/2015, answer due 9/15/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 126 (Order Rescheduling Time of Status Conference on June 2, 2015) entered on 05/22/2015 in MDL 2326 to attorneys in member case. (kp) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4010596. (Attachment: #1 Civil Cover Sheet) (kp) [Transferred from West Virginia Southern on 10/31/2019.] |
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