Schomer v. Ethicon, Inc. et al
| Margaret A. Schomer |
| Ethicon Inc and Johnson & Johnson |
| 3:2017cv03133 |
| June 1, 2017 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| XX US, Outside State |
| Sue E Myerscough |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2018. A more recent docket listing may be available from PACER.
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TEXT ORDER: The parties have filed a Joint Stipulation to Dismiss With Prejudice #26 pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Pursuant to the Stipulation, this case is DISMISSED WITH PREJUDICE. Each party shall bear her or its own costs. No judgment to enter. CASE CLOSED. Entered by Judge Sue E. Myerscough on 6/26/2018. (MAS, ilcd)
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| Filing 26 STIPULATION of Dismissal by Ethicon Inc, Johnson & Johnson. (Sexton, Laura) |
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TEXT ORDER: Defendants' Unopposed Motion to Extend Deadline to File Stipulation of Dismissal #25 is GRANTED. The parties shall file their stipulation of dismissal on or before June 14, 2018. This deadline may be extended upon motion of the parties. Entered by Judge Sue E. Myerscough on 5/2/2018. (MAS, ilcd)
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| Filing 25 MOTION for Extension of Time to File Stipulation of Dismissal (UNOPPOSED) by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 5/11/2018 (Sexton, Laura) |
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TEXT ORDER: Defendants' Unopposed Motion to Extend Deadline to File Stipulation of Dismissal #24 is GRANTED. The parties shall file their stipulation of dismissal on or before April 30, 2018. This deadline may be extended upon motion of the parties. Entered by Judge Sue E. Myerscough on 4/2/2018. (MAS, ilcd)
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| Filing 24 MOTION for Extension of Time to File Stipulation of Dismissal (UNOPPOSED) by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 4/12/2018 (Sexton, Laura) |
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TEXT ORDER: This case has been reported as settled by the parties. The parties are hereby DIRECTED to file with the Court, within sixty-five (65) days of the date of this Text Order, a stipulation of dismissal. This deadline may be extended upon motion of the parties. All pending deadlines and court settings, including the telephone Status Conference set for January 25, 2018 at 11:00 a.m., are VACATED. If the settlement is not completed, the Court will reset the deadlines and court settings, including the expired deadline to complete the two remaining fact depositions. Entered by Judge Sue E. Myerscough on 1/24/2018. (MAS, ilcd)
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TEXT ORDER: Due to a conflict in the Court's schedule, the Jury Trial scheduled for May 1, 2018 at 9:00 a.m. must be continued. This matter is set for a TELEPHONE STATUS CONFERENCE on Thursday, January 25, 2018 at 11:00 a.m. Central Standard Time. The Court will place the call. Entered by Judge Sue E. Myerscough on 1/17/2018. (MAS, ilcd)
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference was scheduled for Wednesday, 9/27/2017. The Court attempted to contact counsel for Plaintiff and Defendants to set up the scheduled conference call. Neither counsel was available. The parties are directed to file a written status report concerning the status of settlement negotiations on or before 2/28/2018. (LB, ilcd) Modified date to reflect 2/28/2018 per chambers Modified on 9/27/2017 (ME, ilcd). |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Unopposed Motion to Extend Deadline for Fact Depositions #23 ALLOWED. Extension granted to 12/29/2017 for completion of the two remaining fact depositions. (LB, ilcd) |
| Notice of Docket Text or Event Modification re 9/27/2017 Text Order: Text corrected to reflect status report due on or before "2/28/2018". NEF regenerated to parties. (ME, ilcd) |
| Filing 23 Consent MOTION for Extension of Time to Complete Discovery (Fact Depositions) by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 10/10/2017 (Cook, Shayna) |
| MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins. Telephonic status conference held with counsel for Plaintiff, Charles Johnson, and counsel for Defendants, Shayna Cook. Discussion held regarding setting this case for mediation. The parties report that settlement negotiations are ongoing in this case and similar cases pending before other courts. Telephonic conference to discuss status of settlement negotiations set Wednesday, September 27, 2017, at 9:30 a.m. (Court will place call.) (LB, ilcd) |
| Filing 22 NOTICE of Appearance of Attorney by Tarek Ismail on behalf of Ethicon Inc, Johnson & Johnson (Ismail, Tarek) |
| Filing 21 NOTICE of Appearance of Attorney by Laura Anne Sexton on behalf of Ethicon Inc, Johnson & Johnson (Sexton, Laura) |
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TEXT ORDER: In light of the parties' Joint Statement #20 this matter is set for a Final Pretrial Conference on April 16, 2018 at 2:00 p.m. and for Jury Trial on May 1, 2018 at 9:00 a.m. in Courtroom I in Springfield before Judge Sue E. Myerscough. The two remaining fact depositions shall be completed on or before September 30, 2017. Motions in Limine and Daubert motions on the issues reserved by the MDL court shall be filed on or before March 19, 2018. Responses shall be filed on or before March 26, 2018. The parties shall submit the Final Pretrial Order on or before April 9, 2018. At Defendants' request, the short scientific presentation is set for March 12, 2018 at 2:00 p.m. in Courtroom I in Springfield before Judge Sue E. Myerscough. Entered by Judge Sue E. Myerscough on 6/27/17. (ME, ilcd)
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TEXT ORDER: Defendants Ethicon, Inc. and Johnson & Johnson's Motion to Withdraw Appearance of Attorney #19 is GRANTED. Attorney Kari L. Sutherland is terminated as counsel in this case. Entered by Judge Sue E. Myerscough on 6/27/17. (ME, ilcd)
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| Filing 20 Response by Ethicon Inc, Johnson & Johnson re Order, Set/Reset Deadlines:,, Status Conference,,, (JOINT). (Cook, Shayna) |
| Filing 19 MOTION to Withdraw as Attorney Kari L. Sutherland by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 7/10/2017 (Cook, Shayna) |
| Filing 18 MOTION to Withdraw as Attorney David B. Thomas by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 7/7/2017 (Cook, Shayna) |
| Filing 17 MOTION to Withdraw as Attorney , Susan M. Robinson by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 7/7/2017 (Cook, Shayna) |
| Filing 16 MOTION to Withdraw as Attorney , Philip R. Combs by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 7/7/2017 (Cook, Shayna) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Defendants Ethicon, Inc. and Johnson & Johnson's Motions to Withdraw Appearance of Attorney #16 #17 #18 are ALLOWED. Attorneys David B. Thomas, Philip J. Combs, and Susan M. Robinson terminated as counsel in this case. (LB, ilcd) |
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TEXT ORDER: At the June 14, 2017 Status Conference, the parties were directed to confer regarding Judge Myerscough's knowledge of certain witnesses and the trial date and to advise the Court of their position. To date, the parties have not advised the Court. The parties shall advise the Court of their position on Judge Myerscough's knowledge of certain witnesses and the trial date on or before June 30, 2017. Entered by Judge Sue E. Myerscough on 6/23/2017. (MAS, ilcd)
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| Filing 15 Mail Returned as Undeliverable, regarding (Text Order entered 6/7/2017) sent to Tarek Ismail marked "Return to Sender! Not here anymore" (MAS, ilcd) |
| NOTICE OF HEARING: Telephonic Status Conference set Tuesday, 8/1/2017, at 10:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins to discuss dates for scheduling of settlement conference pursuant to order of U.S. District Judge Myerscough on 6/14/2017. (LB, ilcd) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: VIDEO STATUS CONFERENCE held on 06/14/2017. Attorney Charles H. Johnson present on behalf of Plaintiff. Attorney Shayna S. Cook present on behalf of Defendants. Court informed parties of potential conflicts. Consent to Magistrate discussed regarding firm trial date. Potential trial dates given: March 20, 2018 and May 1, 2018. Attorneys advised to review Local Rules regarding compliance at Final Pretrial. Attorneys and parties to confer regarding potential conflict and trial date. Parties to advise Court as to position and agreed date. Court will enter a scheduling order when a trial date is set. Settlement conference to be set before Magistrate Judge Tom Schanzle-Haskins. Parties to confer regarding settlement procedure and advise Magistrate Judge. Further issues discussed regarding pleadings, examinations, depositions and demonstration. Hearing adjourned.(Court Reporter KS.) (DM, ilcd) |
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: Defendants' Unopposed Motion to Substitute Attorney #13 is ALLOWED. Attorney Shayna S. Cook of Goldman Ismail Tomaselli Brennan & Baum is substituted in as a counsel of record for Defendants Ethicon, Inc., and Johnson & Johnson in the place of attorney Tracy J. Van Steenburgh of Nilan Johnson Lewis PA. Attorney Van Steenburgh is terminated as attorney of record in this case. Entered by Magistrate Judge Tom Schanzle-Haskins on 6/14/2017. (MAS, ilcd)
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| Filing 14 Remark: 12-cv-1497 Southern District of West Virginia (Charleston) 23: Amended Short Form Complaint. (Attachments: #1 WVSD 25: Pretrial Order, #2 WVSD 25-1: Exhibit A, #3 WVSD 55: Stipulation and Agreement of the Parties RE Independent Medical Examination, #4 WVSD 84: Order Adopting Memo Opinion and Order, #5 WVSD 85: Order Adopting Memo Opinion and Order, #6 WVSD 87: Second Amended Short Form Complaint, #7 WVSD 89: Order Adopting Memo Opinion and Order, #8 WVSD 91: Order granting Motion to Strike Dr Shelby F. Thames' Reports, etc, #9 WVSD 92: Order Adopting Memo Opinion and Order, #10 WVSD 93: Order Adopting Memo Opinion and Order, #11 WVSD 94: Memo and Opinion and Order, #12 WVSD 97: Adopting Memo Opinion and Order, #13 WVSD 98: Order Adopting Memo Opinion and Order, #14 WVSD 100: Order Adopting Memo Opinion and Order, #15 WVSD 102: Memo Opinion and Order, #16 WVSD 103: Memo Opinion and Order, #17 WVSD 107: Joint Designation of Non-PTO Filings) (ME, ilcd) |
| Filing 13 MOTION to Substitute Attorney, Tracy J. Van Steenburgh to be replaced by Shayna S. Cook, by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 6/26/2017 (Cook, Shayna) |
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TEXT ORDER: The parties' Joint Motion to Reschedule Status Conference #12 is GRANTED. The STATUS CONFERENCE set for June 9, 2017 at 10:00 a.m. is VACATED and RESET to June 14, 2017 at 10:00 a.m. Counsel for all parties shall appear by videoconference. Counsel shall contact the Clerk's Office by 3:00 p.m. on June 12, 2017 to make the necessary arrangements to appear by videoconference. Entered by Judge Sue E. Myerscough on 6/7/2017. (MAS, ilcd)
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| Filing 12 Joint MOTION Motion to Reschedule Status Conference by Defendants Ethicon Inc, Johnson & Johnson. Responses due by 6/20/2017 (Cook, Shayna) |
| Filing 11 NOTICE of Appearance of Attorney by Shayna S Cook on behalf of All Defendants (Cook, Shayna) |
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TEXT ORDER: This case is set for STATUS CONFERENCE on Friday, June 9, 2017 at 10:00 a.m. Counsel for the parties shall appear by videoconference. Counsel shall contact the Clerk's Office by 3:00 p.m. on June 7, 2017 to make the necessary arrangements to appear by videoconference. Entered by Judge Sue E. Myerscough on 6/6/2017. (MAS, ilcd)
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| Filing 10 Case transferred in from District of Minnesota; Case Number 0:12-cv-01038. . |
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Filing 9
ORDER: IT IS HEREBY ORDERED that this matter is TRANSFERRED to the United States District Court for the Central District of Illinois, Springfield Division #7 . Signed by The Hon. Paul A. Magnuson on 05/30/2017. (LLM)
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| Filing 8 PROPOSED ORDER TO JUDGE re #7 Stipulation. (Van Steenburgh, Tracy) |
| Filing 7 STIPULATION FOR TRANSFER OF VENUE by Ethicon, Inc., Johnson & Johnson. Jointly Signed by Margaret Schomer. (Van Steenburgh, Tracy) |
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Filing 6
ORDER OF RECUSAL. Judge Joan N. Ericksen recused. Case reassigned to Senior Judge Paul A. Magnuson for all further proceedings. NOTE: the new case number is 12-CV-1038 (PAM/HB). Please use this case number for all subsequent pleadings. Signed by Judge Joan N. Ericksen on 5/24/2017. (MMP)
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| Filing 5 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Magistrate Judge Hildy Bowbeer. Chief Mag. Judge Arthur J. Boylan no longer assigned to the case. NOTE: the new case number is 12cv1038 JNE/HB. Please use this case number for all subsequent pleadings. (AKL) |
| Filing 4 CERTIFIED COPY OF CONDITIONAL REMAND ORDER (Attachments: #1 Docket from the SD of WVA)(AKL) |
| Filing 3 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-18), transferring case to the Southern District of West Virginia per MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge Joseph R. Goodwin. (akl) |
| NOTICE: The case has been transferred/extracted to the Southern District of West Virginia. (akl) |
| Filing 2 REQUEST FOR WAIVER of Service sent to Ethicon, Inc., Route 22 West, Somerville, NJ 08876; Johnson & Johnson, 1 Johnson & Johnson Plaza, New Brunswick, NJ 08933 on 04/30/12 by Margaret A. Schomer. Waiver of Service due by 6/1/2012. (Attachments: #1 Waiver of Summons Form, #2 Certificate of Service)(Mencel, Jonathan) |
| Filing 1 COMPLAINT against Ethicon, Inc., Johnson & Johnson ( Filing fee $ 350 receipt number 4-64422), filed by Margaret A. Schomer. Case assigned to Judge Joan N. Ericksen per Master List, referred to Magistrate Judge Arthur J. Boylan. (Attachments: #1 Civil Cover Sheet) (jam) |
| Summons Issued as to Ethicon, Inc., Johnson & Johnson. (jam) |
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