Bagsby et al v. Ethicon Inc et al
| Jeffrey Bagsby and Collette Turner Bagsby |
| Ethicon LLC, Ethicon Inc and Johnson & Johnson |
| 2:2020cv02005 |
| January 9, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE of Appearance of Attorney by Christopher A Gomez on behalf of Collette Turner Bagsby, Jeffrey Bagsby (Gomez, Christopher) |
| Filing 36 Minute Entry for proceedings held 2/7/2020 before Magistrate Judge Eric I. Long. Appearance for the Plaintiffs by Christopher Gomez. Appearance for the Defendants by Sherry Knutson. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. Parties are directed to file any renewed motions necessary due to the case transfer. The following discovery deadlines are set: Amended pleadings due by 3/3/20; Joinder of parties due by 3/3/20; Plaintiff`s expert disclosure and expert reports due by 8/14/20; Defendant's expert disclosure and expert reports due by 8/14/20; Discovery, including deposition of experts, due by 8/14/20;Case dispositive motions due by 10/9/20. Final Pretrial Conference is scheduled for 2/1/21 at 10:00 AM by personal appearance before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Selection/Jury Trial is scheduled for 2/23/21 at 9:00 AM before Judge Colin S. Bruce, Courtroom A, Urbana, (8 days). (Tape #UR-B 10:54 AM.) (DS, ilcd) |
| Filing 35 NOTICE of Parties' Supplemental Joint Designation of Non-PTO Filings from 2:12-MD-2327 (Knutson, Sherry) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/31/20. Defendant's Unopposed Motion for Leave to Supplement #33 is GRANTED. The Court grants Defendant leave to supplement the record. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting #34 and the matter is hereby converted from personal appearance to telephone conference on 2/7/20 at 10:45 AM. The Court will initiate the call. (KM, ilcd)
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| Filing 34 REPORT of Rule 26(f) Planning Meeting by Ethicon Inc, Johnson & Johnson. (Knutson, Sherry) |
| Filing 33 MOTION for Leave to File / Supplement the Parties' Joint Designation of Non-PTO Filings from 2:12-MD-2327 by Defendant Ethicon Inc. Responses due by 2/13/2020 (Knutson, Sherry) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/21/20. The Motion for Withdrawal and Substitution of Counsel #32 is GRANTED. The Court directs the Clerk to terminate attorneys Christy D. Jones, Kari L. Sutherland, William M. Gage, Daniel R. Higginbotham, David B. Thomas, Susan M. Robinson from this case. (KM, ilcd)
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| Filing 32 MOTION to Substitute Attorney, Christy D. Jones, Kari L. Sutherland and William M. Gage of Butler Snow and Daniel R. Higginbotham, David B. Thomas and Susan M. Robinson of Thomas Combs and Spann to be replaced by Sherry A. Knutson of Tucker Ellis LLP, by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 1/31/2020 (Attachments: #1 Text of Proposed Order)(Knutson, Sherry) |
| Filing 31 NOTICE of Appearance of Attorney by Sherry Ann Knutson on behalf of Ethicon Inc, Johnson & Johnson (Knutson, Sherry) |
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Filing 30
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 1/10/2020. Rule 16 Scheduling Conference set for 2/7/2020 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (JMB, ilcd)
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| Filing 29 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-06860. . |
| Filing 28 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2184 Part 1 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #2 Exhibit ECF 2184 Part 2 - Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Juan C. Felix, M.D., #3 Exhibit ECF 2255 - Plaintiffs' Reply to Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Preclude the Testimony of Juan C. Felix, M.D., #4 Exhibit ECF 6796 - Notice of Adoption of Prior Daubert Motion 2063 , 2069 of Juan Carlos Felix, M.D. for Wave 8, #5 Exhibit ECF 6966 - Notice of Adoption of Prior Daubert Response 2184 Regarding Dr. Juan C. Felix, M.D. for Wave 8, #6 Exhibit ECF 7093 - Notice of Adoption of Prior Daubert Reply 2255 of Juan Carlos Felix, M.D. for Wave 8, #7 Exhibit ECF 2039 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #8 Exhibit ECF 2042 - Memorandum in Support of Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #9 Exhibit ECF 2187 - Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #10 Exhibit ECF 2247 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #11 Exhibit ECF 2455 Part 1 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #12 Exhibit ECF 2455 Part 2 - Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #13 Exhibit ECF 2458 - Memorandum in Support of Plaintiffs' Motion to Exclude Certain Opinions of Dr. Shelby Thames, #14 Exhibit ECF 2553 Part 1 - Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #15 Exhibit ECF 2553 Part 2 - Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #16 Exhibit ECF 2553 Part 3 - Response in Opposition to Plaintiffs' Exclude the Opinions and Testimony of Dr. Shelby Thames, Ph.D., #17 Exhibit ECF 2621 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #18 Exhibit ECF 2839 Part 1 - Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #19 Exhibit ECF 2839 Part 2 - Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #20 Exhibit ECF 2841 - Memorandum of Law in Support of Plaintiffs' Daubert Motion to Exclude of Limit the Opinions and Testimony of Dr. Shelby Thames, #21 Exhibit ECF 2957 - Response in Opposition to Plaintiffs' Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #22 Exhibit ECF 3037 - Reply in Support of Plaintiffs' Motion to Exclude the Opinions of Dr. Shelby Thames, #23 Exhibit ECF 6857 - Notice of Adoption of Prior Daubert Motion (2039), (2042), (2455), (2458), (2839), (2841) of Shelby Thames for Wave 8, #24 Exhibit ECF 6972 - Notice of Adoption of Prior Daubert Response (2187), (2553), (2957) of Shelby Thames for Wave 8, #25 Exhibit ECF 7113 - Notice of Adoption of Prior Daubert Reply (2247), (2621), (3037) of Dr. Shelby Thames)(Robinson, Susan) |
| Filing 27 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6874A - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #2 Exhibit ECF 6874 Exhibit Part 1 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #3 Exhibit ECF 6874 Exhibit Part 2 - MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev [and incorporating by reference Motion [Dkt # 3619] and Memorandum [Dkt # 3621], #4 Exhibit ECF 6875 - MEMORANDUM in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #5 Exhibit ECF 7038 - NOTICE of Adoption of Prior Daubert Response and Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Dr. Iakovlev in Wave 8 by Certain Plaintiffs 3790 , #6 Exhibit ECF 7045 - Plaintiffs' Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #7 Exhibit ECF 7085 - Plaintiffs' 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, #8 Exhibit ECF 7183 - Reply in Further Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #9 Exhibit ECF 2054 Part 1 - Plaintiffs' Notice of Motion and Motion to Exclude the General Opinion Testimony of Dr. Gregory T. Bales, M.D., #10 Exhibit ECF 2054 Part 2 - Plaintiffs' Notice of Motion and Motion to Exclude the General Opinion Testimony of Dr. Gregory T. Bales, M.D., #11 Exhibit ECF 2057 - Memorandum in Support of Plaintiffs' Motion to Exclude the General Opinion Testimony of Dr. Gregory T. Bales, M.D., #12 Exhibit ECF 2243 - Plaintiffs' Reply to Defendants' Memorandum in Opposition To Plaintiffs' Motion to Exclude General Opinion Testimony of Dr. Gregory T. Bales, M.D., #13 Exhibit ECF 2914 - Memorandum in Opposition to Plaintiffs' Motion to Exclude General Opinion Testimony of Dr. Gregory T. Bales, M.D., #14 Exhibit ECF 6788 - Notice of Adoption of Prior Daubert Motion of Gregory T. Bales, M.D. (adopting 2054 motion, 2057 memorandum), #15 Exhibit ECF 6948 - Notice of Adoption of Wave 3 Daubert Response (2914) Regarding Gregory T. Bales, M.D. for Wave 8, #16 Exhibit ECF 7127 - Notice of Adoption of Prior Daubert Reply (2243) of Gregory T. Bales, M.D. for Wave 8, #17 Exhibit ECF 2435 - Plaintiffs' Notice of Motion and Motion to Exclude the General Opinion Testimony of Janet E. Tomezsko, M.D., #18 Exhibit ECF 2440 - Memorandum in Support of Plaintiffs' Motion to Exclude the General Opinion Testimony of Janet E. Tomezsko, M.D., #19 Exhibit ECF 2924 - Response in Opposition to Plaintiffs' Motion to Exclude Opinions and Testimony of Janet E. Tomezsko, M.D., #20 Exhibit ECF 6859 - Notice of Adoption of Prior Daubert Motion (2435), (2440) of Janet Tomezsko for Wave 8, #21 Exhibit ECF 6959 - Notice of Adoption of Wave 3 Daubert Response (2924) Regarding Janet E. Tomezsko, M.D. for Wave 8, #22 Exhibit ECF 2060 - Plaintiffs' Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #23 Exhibit ECF 2065 - Plaintiffs' Memorandum in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski, #24 Exhibit ECF 2134 - Response in Opposition to Motion to Exclude Timothy Ulatowski, #25 Exhibit ECF 2232 - Plaintiffs' Reply in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #26 Exhibit ECF 2910 - Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 3, #27 Exhibit ECF 6860 - Notice of Adoption of Prior Daubert Motion (2060), (2065) of Timothy Ulatowski, M.D. for Wave 8, #28 Exhibit ECF 6965 - Notice of Adoption of Prior Daubert Response (2910), (2134) Regarding Timothy Ulatowski for Wave 8, #29 Exhibit ECF 7143 - Notice of Adoption of Prior Daubert Reply (2232) of Timothy Ulatowski, M.D. for Wave 8, #30 Exhibit ECF 2063 Part 1 - Plaintiffs' Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D., #31 Exhibit ECF 2063 Part 2 - Plaintiffs' Daubert Motion to Preclude Testimony of Defense Expert Juan Carlos Felix, M.D.)(Robinson, Susan) |
| Filing 26 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Master Long Form Complaint and Jury Demand, #2 Exhibit ECF 239 - Master Answer and Jury Demand of Defendant Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit ECF 241 - Master Answer and Jury Demand of Defendant Johnson & Johnson to First Amended Master Complaint, #4 Exhibit ECF 262 - Short Form Complaint, #5 Exhibit ECF 263 - Amended Short Form Complaint, #6 Exhibit ECF 2814 - MOTION to Exclude the General-Causation Testimony of Donald R. Ostergard, M.D., #7 Exhibit ECF 2816 - MEMORANDUM in Support of Motion to Exclude or Limit General-Causation Testimony of Donald R. Ostergard, M.D., #8 Exhibit ECF 2950 - RESPONSE to Defendants' Motion to Exclude Testimony of Donald Ostergard, M.D., #9 Exhibit ECF 3011 - REPLY in Support of Motion to Exclude General-Causation Testimony of Donald R. Ostergard, M.D., #10 Exhibit ECF 6825 - NOTICE of Adoption of Prior Daubert Motion 2814 , 2816 to Exclude Donald R. Ostergard, M.D. for Ethicon Wave 8, #11 Exhibit ECF 6957 - NOTICE of Adoption of Prior Daubert Response 2950 of Donald R. Ostergard, M.D. for Wave 8, #12 Exhibit ECF 7179 - Defendants' Reply in Support of Notice of Adoption of Prior Daubert Motion to Exclude Donald R. Ostergard, M.D. for Ethicon Wave 8 3011 , #13 Exhibit ECF 3626 Part 1 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #14 Exhibit ECF 3626 Part 2 - MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #15 Exhibit ECF 3630 - MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #16 Exhibit ECF 3767 Part 1 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #17 Exhibit ECF 3767 Part 2 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #18 Exhibit ECF 3767 Part 3 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #19 Exhibit ECF 3767 Part 4 - RESPONSE in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #20 Exhibit ECF 3855 - REPLY in Support of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #21 Exhibit ECF 6648 - NOTICE of Adoption of Ethicon's Motion to Exclude the Opinions and Testimony of Prof. Med. Uwe Klinge Filed in Wave 4, #22 Exhibit ECF 6833 - Amended Notice of Adoption of Ethicon'[s Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #23 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof Dr. Med. Uwe Klinge, MD for Wave 8 by All Plaintiffs re: 3767 Response In Opposition, #24 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, #25 Exhibit ECF 3619A - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #26 Exhibit ECF 3619 Exhibit Part 1 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #27 Exhibit ECF 3619 Exhibit Part 2 - MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #28 Exhibit ECF 3621 - MEMORANDUM of Law in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev, #29 Exhibit ECF 3790A - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #30 Exhibit ECF 3790 Exhibit Part 1 - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #31 Exhibit ECF 3790 Exhibit Part 2 - RESPONSE in Opposition to Defendant Ethicon's Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D.)(Robinson, Susan) (Modified on 12/27/2019 to add party filers) (mk). |
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Filing 25
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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| Filing 24 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). |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Collette Turner Bagsby, Jeffrey Bagsby (Balefsky, Lee) |
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Filing 22
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)
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Filing 21
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)
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Filing 20
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)
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| Filing 19 OPPOSITION by Collette Turner Bagsby, Jeffrey Bagsby to #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Certificate of Service)(Balefsky, Lee) |
| Filing 18 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Higginbotham, Daniel) |
| Filing 17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - B)(Higginbotham, Daniel) |
| Filing 16 NOTICE OF VIDEO DEPOSITIONS OF FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson of Jeffery Bagsby, Emerick Turner, Charles Edward Turner, and Linzie Turner on a Date and Time to Be Determined (Robinson, Susan) |
| Filing 15 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) |
| Filing 13 STIPULATION OF DISMISSAL OF DEFENDANT ETHICON LLC With Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Collette Turner Bagsby, Jeffrey Bagsby (Robinson, Susan) (Modified on 6/19/2018 to add party filers)(rmc). |
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Filing 14
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)
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| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Collette Turner Bagsby on 5/15/18 at 9:00 a.m. (Robinson, Susan) |
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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)
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| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Susan Eagan on 3/15/2018 at 9:00 a.m. (Sutherland, Kari) |
| Filing 8 PLAINTIFF PROFILE FORM filed by Collette Turner Bagsby, Jeffrey Bagsby. (Balefsky, Lee) |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| 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) |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 42 (AGREED ORDER RE: DISMISSAL OF ENDO ENTITIES IN ALL CASES) entered on 04/032013 in MDL 2327 to attorneys in member case. (jap) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mmw) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2320212. (Attachment: #1 Civil Cover Sheet) (mmw) |
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