Izguerra v. Ethicon, Inc. et al
| Lilia Valadez Izguerra |
| Ethicon Inc and Johnson & Johnson |
| 1:2020cv02647 |
| April 30, 2020 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Robert W Gettleman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 68 MINUTE entry before the Honorable Gary Feinerman:Telephonic status and motion hearing held. By agreement, the court adopts the MDL judge's Wave One general expert orders. By agreement, no further briefing is required on the issues reserved in the Wave One general expert orders. Telephonic motion hearing set for 8/11/2020 at 9:30 a.m. Plaintiff shall file her motion to supplement her Daucher disclosure by 7/6/2020; Defendant shall respond by 7/20/2020; Plaintiff shall reply by 8/3/2020. The call-in number for the 8/11/2020 hearing is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 67 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/22/2020 at 9:30 a.m. #57 is re-set for 9:15 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) |
| Filing 66 MINUTE entry before the Honorable Gary Feinerman:Telephonic hearing scheduled for 6/22/2020 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, ) |
| Filing 65 STATUS Report Joint Supplemental Status Report by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J)(Knutson, Sherry) |
| Filing 64 ATTORNEY Appearance for Plaintiff Lilia Valadez Izguerra by Timothy John Cavanagh (Cavanagh, Timothy) |
| Filing 63 ATTORNEY Appearance for Plaintiff Lilia Valadez Izguerra by Michael Jude Sorich (Sorich, Michael) |
| Filing 62 ATTORNEY Appearance for Plaintiff Lilia Valadez Izguerra by Sean Patrick Kelly (Kelly, Sean) |
| Filing 61 DESIGNATION of Eleanor Olson Aldous as U.S. Attorney for Plaintiff Lilia Valadez Izguerra (Aldous, Eleanor) |
| Filing 60 MINUTE entry before the Honorable Gary Feinerman:Motion to appear pro hac vice #59 is granted. Mailed notice. (jlj, ) |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17085673. (Aldous, Eleanor) |
| Filing 58 Notice of Supplemental Authority in Support of Motion to Exclude Opinions of Plaintiff's Case-Specific Expert James Daucher, M.D. by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit A)(Weiss, Brittany) |
| Filing 57 MINUTE entry before the Honorable Gary Feinerman:. Fact discovery shall close 12/1/2020. Plaintiff's supplemental Rule 26(a)(2) disclosures shall be served by 10/1/2020. Defendants' supplemental Rule 26(a)(2) disclosures shall be served by 11/1/2020. Depositions of Plaintiff's friends and family members shall be taken by 11/1/2020. The deadline for moving for leave to file a dispositive motion is 12/15/2020. If Plaintiff plans to seek damages for any physical or emotional injuries occurring after 6/29/2018, Defendants may conduct a supplemental deposition of Plaintiff limited to that topic by 8/29/2020. If, after the deposition, any party believes that an IME is necessary, that party may move for leave to conduct an IME. By 6/17/2020, the parties shall file a supplemental status report: (1) listing addressing which motions to exclude opinions of general experts remain pending in this case; and (2) setting forth their joint or competing views as to whether those motions are conclusively resolved by the MDL judge's orders in Waves 1-7. The status hearing set for 6/10/2020 #54 is stricken and re-set for 6/22/2020 at 9:30 a.m.Mailed notice. (jlj, ) |
| Filing 56 STATUS Report Initial Joint Status Report by Ethicon Inc, Johnson & Johnson (Attachments: #1 Exhibit Exhibit D, #2 Exhibit Exhibit E)(Knutson, Sherry) |
| Filing 55 MINUTE entry before the Honorable Gary Feinerman:The parties shall call the Toll-Free Number: (877) 336-1828, Access Code: 4082461 for the 6/10/2020 hearing. Please, please be sure to keep your phone on mute when you are not speaking.Mailed notice. (jlj, ) |
| Filing 54 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/10/2020 at 9:00 a.m. #53 is re-set for 1:45 p.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) |
| Filing 53 MINUTE entry before the Honorable Gary Feinerman: Motion for partial summary judgment #21 is granted. Defendants are granted summary judgment on Counts 2, 4, 6-9, 11-13, and 15 of the complaint. The court will not grant summary judgment on Count 16 because Defendants did not move for summary judgment on that count. Motion to withdraw as attorney #52 is granted. Attorneys Melissa Merk, Susan M. Robinson, David B. Thomas, Rebecca L. Trela, William M. Gage and Christy D. Jones are terminated as counsel for the Defendants. Initial status hearing set for 6/10/2020 at 9:00 a.m. The parties shall file an initial joint status report by 6/3/2020. Mailed notice. (jlj, ) |
| Filing 52 MOTION by Attorney / Law Firms of Butler Snow; Thomas Combs and Drinker Biddle Reath to withdraw as attorney for Ethicon Inc, Johnson & Johnson. No party information provided (Weiss, Brittany) |
| Filing 51 ATTORNEY Appearance for Defendants Ethicon Inc, Johnson & Johnson by Brittany Lynne Weiss (Weiss, Brittany) |
| Filing 50 ATTORNEY Appearance for Defendants Ethicon Inc, Johnson & Johnson by Sherry Ann Knutson (Knutson, Sherry) |
| Filing 49 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) |
| Filing 48 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Gary Feinerman for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 5/4/2020. (nsf, ) |
Filing 47
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020. Mailed notice. (kp, )
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| Filing 46 MAILED Rule 83.15 Letter to all counsel on record. (kp, ) |
| Filing 45 RECEIVED from West Virginia Southern; Case Number 2:15-cv-13289 (kp) |
| Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2060) Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 4/22/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2039) Pls Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) Pls Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) Defs Resp to Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) Pls Reply to Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 Pls Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 Pls Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) Pls Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 Defs Resp to Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 Defs Resp to Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 Defs Resp to Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) Pls Reply to Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 Pls Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 Pls Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) Pls Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) Defs Resp to Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) Pls Reply to Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (6857) Notice of Adoption of Pls Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (6972) Notice of Adoption of dResponse to Pls Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (7113) Notice of Adoption of Reply in Support of Pls Mot to Exclude Shelby Thames)(Gage, William) (Modified on 4/22/2020 to add a party filer) (msa). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2063) Part 1 Pls Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 Pls Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) Pls Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 Defs Resp to Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 Defs Resp to Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) Pls Reply to Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (6796) Notice of Adoption of Pls Mot to Exclude Juan Carlos Felix, #8 Exhibit MDL ECF (6966) Notice of Adoption of Response to Pls Mot to Exclude Juan Carlos Felix, #9 Exhibit MDL ECF (7093) Notice of Adoption of Reply to Pls Mot to Exclude Juan Carlos Felix)(Gage, William) (Modified on 4/22/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2054) Part 1 Pls Mot to Exclude Gregory T. Bales, #2 Exhibit MDL ECF (2054) Part 2 Pls Mot to Exclude Gregory T. Bales, #3 Exhibit MDL ECF (2057) Pls Mem in Support of Mot to Exclude Gregory T. Bales, #4 Exhibit MDL ECF (2177) Defs Resp to Mot to Exclude Gregory T. Bales, #5 Exhibit MDL ECF (2243) Pls Reply to Mot to Exclude Gregory T. Bales, #6 Exhibit MDL ECF (2914) Defs Resp to Mot to Exclude Gregory T. Bales, #7 Exhibit MDL ECF (6788) Notice of Adoption of Pls Mot to Exclude Gregory T. Bales, #8 Exhibit MDL ECF (6948) Notice of Adoption of Response to Pls Mot to Exclude Gregory T. Bales, #9 Exhibit MDL ECF (7127) Notice of Adoption of Reply to Pls Mot to Exclude Gregory T. Bales)(Gage, William) (Modified on 4/22/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2075) - Defs Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) Pls Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) Defs Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) Pls Resp to Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (6821) - Notice of Adoption of Defs Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (6958) Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (7177) Notice of Adoption of Reply to Defs Mot to Exclude Peggy Pence)(Gage, William) (Modified on 4/22/2020 to add party filer) (slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (1996) - Defs Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) Defs Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) Pls Resp to Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2814) - Defs Mot to Exclude Donald Ostergard, #6 Exhibit MDL ECF (2816) Defs Mem in Support of Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2950) Pls Resp to Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (3011) - Defs Reply in Support of Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (6825) - Notice of Adoption of Defs Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (6957) Notice of Adoption of Pls' Resp to Mot to Exclude Donald Ostergard, #11 Exhibit MDL ECF (7179) Defs Reply in Support of Notice of Adoption of Defs Mot to Exclude Donald Ostergard)(Gage, William) (Modified on 4/22/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2200) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 1- Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3626) Part 2- Defs Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3630) Defs Mem in Support of Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3767) Part 4 Pls Resp to Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (6648) - Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (6926) Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (7123) Notice of Adoption of Reply to Defs Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 4/22/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (1978) Part 1- Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2- Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3- Defs Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4- Defs Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5- Defs Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6- Defs Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7- Defs Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8- Defs Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9- Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10- Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11- Defs Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12- Defs Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13- Defs Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14- Defs Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15- Defs Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16- Defs Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17- Defs Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18- Defs Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19- Defs Mot to MDL ECF (1978) Part 1- Defs Mot to Exclude Uwe KlingeExclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20- Defs Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1978) Part 21- Defs Mot to Exclude Uwe Klinge, #22 Exhibit MDL ECF (1982) Defs Mem in Support of Mot to Exclude Uwe Klinge, #23 Exhibit MDL ECF (2188) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #24 Exhibit MDL ECF (2188) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #25 Exhibit MDL ECF (2188) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #26 Exhibit MDL ECF (2188) Part 4 Pls Resp to Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 4/22/2020 to add party filer)(slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (3621) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3790) Part 1 Pls Resp to Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3790) Part 2 Pls Resp to Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 3 Pls Resp to Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3865) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (6874) Part 1 - Defs Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (6874) Part 2 - Defs Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (6874) Part 3 - Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (6875) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (7038) Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (7045) Pls Resp to Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (7085) Amended Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7183) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 4/22/2020 to add party filer) (slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #34 CONTINUED, MDL ECF (2066) Part 1- Defs Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (2066) Part 2- Defs Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (2066) Part 3- Defs Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (2066) Part 4- Defs Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (2066) Part 5- Defs Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (2066) Part 6- Defs Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (2070) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (2185) Part 1 Pls Resp to Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (2185) Part 2 Pls Resp to Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (2185) Part 3 Pls Resp to Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (2185) Part 4 Pls Resp to Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (2185) Part 5 Pls Resp to Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (2185) Part 6 Pls Resp to Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (2185) Part 7 Pls Resp to Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (2185) Part 8 Pls Resp to Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (2185) Part 9 Pls Resp to Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (2185) Part 10 Pls Resp to Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (2185) Part 11 Pls Resp to Mot to Exclude Vladimir Iakovlev, #19 Exhibit MDL ECF (2185) Part 12 Pls Resp to Mot to Exclude Vladimir Iakovlev, #20 Exhibit MDL ECF (2185) Part 13 Pls Resp to Mot to Exclude Vladimir Iakovlev, #21 Exhibit MDL ECF (2185) Part 14 Pls Resp to Mot to Exclude Vladimir Iakovlev, #22 Exhibit MDL ECF (2185) Part 15 Pls Resp to Mot to Exclude Vladimir Iakovlev, #23 Exhibit MDL ECF (2251) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #24 Exhibit MDL ECF (3619) Part 1- Defs Mot to Exclude Vladimir Iakovlev, #25 Exhibit MDL ECF (3619) Part 2- Defs Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 4/22/2020 to add party filer) (slr). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 34 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 4/22/2020 to add party filer) (slr). [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 33
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 4/30/2020 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 4/29/2020 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 4/16/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Lilia Valadez Izguerra (Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
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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 4/30/2020.]
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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 4/30/2020.]
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Filing 28
ORDER granting the Motions filed in MDL 2327 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 2327 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 2327 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 4/30/2020.]
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| Filing 27 REPLY by Ethicon, Inc., Johnson & Johnson to #23 Opposition. (Attachment: #1 Exhibit A)(Merk, Melissa) (Modified on 11/1/2018 to correct link) (kp). [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 26 REPLY by Ethicon, Inc., Johnson & Johnson to #24 Response In Opposition. (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 25 MEMORANDUM by Lilia Valadez Izguerra in support of #24 Opposition. (Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 24 OPPOSITION by Lilia Valadez Izguerra to #20 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinions of James Daucher, M.D. on Daubert Grounds (Attachments: #1 Proposed Order, #2 Exhibit)(Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 23 OPPOSITION by Lilia Valadez Izguerra to #21 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 22 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #21 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 21 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 20 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Opinions of Plaintiff's Case-Specific Expert James Daucher, M.D.. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Medical Records, #3 Exhibit PSR, #4 Exhibit Medical Records, #5 Exhibit Medical Records)(Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Santos Rivera on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Paul Meidenger on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Annie on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Angie Esquivel on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Nejd F. Alsikafi, MD on August 1, 2018 at 1:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lilia Valadez Izguerra on June 29, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rebecca L. Trela on behalf of Ethicon, Inc., Johnson & Johnson. (Trela, Rebecca) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 11
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: 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 2327; Ethicon Wave 8 Cases) (brn) (ADI) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 10 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 9 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #7 Notice of Videotaped Deposition (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 8
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) (ts) (ADI) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Nejd Alsikafi on 3/13/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Lilia Valadez Izguerra. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 4/30/2020.] |
| 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 4/30/2020.] |
| Filing 4 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 4/30/2020.] |
| Filing 3 AMENDED SHORT FORM COMPLAINT filed by Lilia Valadez Izguerra against Ethicon, Inc., Johnson & Johnson. (Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 195 (First Amended Docket Control Order - Wave 1 Cases) entered on 09/03/2015 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4127607. (Attachment: #1 Civil Cover Sheet) (kp) [Transferred from West Virginia Southern on 4/30/2020.] |
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