Erlenborn v. Ethicon, Inc. et al
Plaintiff: Gavin S. Erlenborn
Defendant: Ethicon, Inc. and Johnson & Johnson
Case Number: 1:2020cv03812
Filed: September 15, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Richard W Story
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2021 Filing 13 NOTICE of Appearance by G. Brian Jackson on behalf of Ethicon, Inc., Johnson & Johnson (Jackson, G.)
March 5, 2021 Opinion or Order Filing 12 ORDER re ( 671 in 1:17-md-02782-RWS) denying MOTION in Limine To Preclude Defendants From Offering Expert Opinion Testimony From Defendant' Employee Witnesses Who Will Not Testify Live At Trial. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al. Filed in document 723 (Spread to 2019 thru 2021 cases)(bdb)
March 5, 2021 Opinion or Order Filing 11 ORDER re 670 in 1:17-md-02782-RWS) denying MOTION in Limine To Prohibit Defendants From Offering Live Testimony From Employees Whose Depositions Are Presented At Trial, For An Adverse Inference Instruction, And That Defendants' Employees Who Testify Live Shall Be Available For Plaintiffs' Case-In-Chief. Signed by Judge Richard W. Story on 03/05/2021. Associated Cases: 1:17-md-02782-RWS et al.Filed in document 722 (Spread to 2019 thru 2021 cases) (bdb)
February 24, 2021 Opinion or Order Filing 10 ORDER granting 682 Motion to Amend Expert Disclosure and Discovery Deadlines in the Unscheduled Trial Pool Cases. The first two trial cases the Court is limiting the opportunities for such modifications. However, for cases that have not been set for trial, other considerations must be taken into account. The Court wishes to conduct bellwether trials that provide meaningful direction to the parties. Plaintiffs may identify one new polypropylene degradation and mesh failure expert in the Franklin and Murray cases and may amend the expert report of Dr. Bruce Crookes in the Keup case. Defendants will be permitted to depose these witnesses and submit amended responsive reports from their experts. The parties are directed to confer in an effort to agree upon a schedule for addressing these issues that will not delay a potential January 2022 trial date should these cases be included in that trial. (See order for details) Signed by Judge Richard W. Story on 02/24/2021. Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 thru 2021 cases) (bdb)
December 4, 2020 Opinion or Order Filing 9 ORDER denying 623 Motion to Strike Errata and 630 Defendant Ethicon's Motion to Exclude Testimony of Dr. Klosterhalfen; Granting in part and denying in part 627 Plaintiffs' Motion to Exclude Testimony of Dr. Villarraga. Plaintiffs' Motion is granted with respect to the exclusion of FDA evidence consistent with the Court's November 25, 2020 Order [Doc. 690/691] and denied as to the remaining challenges. Signed by Judge Richard W. Story on 12/04/2020. Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 and 2020 cases)(rvb)
November 25, 2020 Opinion or Order Filing 8 ORDER GRANTING Plaintiffs' 624 Motion to Exclude Timothy Ulatwoski and 625 Motion to Exclude Reynaldo Librojo. Ethicon is hereby PRECLUDED from calling them as expert witnesses. Plaintiff's 626 Motion to Exclude Ethicon's Surgeon Experts (Dr. William Cobb, Dr. Jarrod Kaufman, Dr. Karl LeBlanc, Dr. Bruce Ramshaw, Dr. Guy Voeller) is DENIED. Defendant Ethicon's 631 Motion to Exclude Dr. Sean Orenstein and 632 Motion to Exclude Dr. Eric Pauli are DENIED. Signed by Judge Richard W. Story on 11/25/2020. (originally docketed at 693 in 1:17-md-2782-RWS)Associated Cases: 1:17-md-02782-RWS et al. (Spread to 2019 and 2020 cases)(rvb)
November 25, 2020 Opinion or Order Filing 7 ORDER (re 651 in 1:17-md-02782-RWS): Defendants' (651) Motion for Reconsideration is DENIED concerning Crumbly, the first trial, and DENIED without prejudice for purposes of the Unscheduled Trial Cases and future MDL proceedings. (Spread to 2019 and 2020 cases) Signed by Judge Richard W. Story on 11/25/2020. Associated Cases: 1:17-md-02782-RWS et al(rvb)
November 25, 2020 Opinion or Order Filing 6 ORDER granting in 1:17-md-02782-RWS 605 Motion in Limine To Exclude Evidence Relating to the United States Food and Drug Administration ("FDA") or Its Processes in case 1:17-md-02782-RWS. Signed by Judge Richard W. Story on 11/25/2020. (Spread to 2019 and 2020 cases) Signed by Judge Richard W. Story on 11/25/2020. Associated Cases: 1:17-md-02782-RWS et al.(bdb)
November 12, 2020 Opinion or Order Filing 5 ORDER re (627 in 1:17-md-02782-RWS) Plaintiffs' MOTION to Exclude Opinions and Testimony of Marta L. Villarraga, Ph.D. filed by Marvin Franklin, Connie Franklin. The Court wishes to have the benefit of Defendants' position before ruling. Because Defendants have not directly addressed Plaintiffs' objections to these opinions, Defendants are directed to file a sur-reply addressing these objections within fourteen (14) days of the entry of the Order. (see order for details) Signed by Judge Richard W. Story on 11/12/2020. (Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al.(bdb)
October 21, 2020 Opinion or Order Filing 4 PRACTICE AND PROCEDURE ORDER NO. 24 - Amended Discovery, Scheduling, and Case Management Order Governing Trial Cases: Final Pretrial Conference set for 1/14/2021 at 10:00 AM in ATLA Courtroom 2105 before Judge Richard W. Story. Proposed Pretrial Order due by 11/16/2020. First Trial Case shall begin on January 25, 2021. See order for complete scheduling details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 663 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
October 20, 2020 Opinion or Order Filing 3 PRACTICE AND PROCEDURE ORDER NO. 23 granting 642 Connie Franklin and Marvin Franklin's Motion for Order Regarding Cost Reimbursement and Related Common Benefit Issues. Agreed Order Regarding Cost Reimbursement and Related Common Benefit Issues. See order for details. Signed by Judge Richard W. Story on 9/11/2020. (Originally filed on 9/11/2020 662 - Spread to 2019 and 2020 cases) Associated Cases: 1:17-md-02782-RWS et al. (bdb)
September 15, 2020 Opinion or Order Filing 2 Seventh Amendment to General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (jpk)
September 15, 2020 Filing 1 SHORT FORM COMPLAINT with Jury Demand filed by Gavin S. Erlenborn. Direct File MDL-Western Washington-Seattle. (Filing fee $400, receipt number AGANDC-10143975) (Attachments: #1 Civil Cover Sheet) (jpk) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Defendant: Ethicon, Inc.
Represented By: G. Brian Jackson
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Defendant: Johnson & Johnson
Represented By: G. Brian Jackson
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Plaintiff: Gavin S. Erlenborn
Represented By: Sheila M. Bossier
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