Stace et al v. Ethicon, Inc. et al
| Dan Stace and Stephanie Stace |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 1:2019cv00465 |
| October 30, 2019 |
| US District Court for the Northern District of Indiana |
| Holly A Brady |
| Susan L Collins |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 80 Application for Attorney Andrew N. Faes to Appear Pro Hac Vice on behalf of Plaintiffs. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4097905(Pro Hac Vice Temporary login, ) |
Filing 79
ORDER GRANTING #71 MOTION to Withdraw Appearances of MDL Counsel for Defendants Ethicon, Inc. and Johnson & Johnson by Defendants Ethicon, Inc., Johnson & Johnson. Christopher Morris, Christy Jones, William Gage, David Thomas, Philip Combs, Susan Robinson, Jennifer Steinmetz, and Kari Sutherland are ORDERED withdrawn. Signed by Magistrate Judge Susan L Collins on 12/17/2019. (lhc) Modified on 12/18/2019 (jld).
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| Filing 78 NOTICE of Hearing: Telephonic Status Conference set for 1/8/2020 at 2:00 PM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) |
| Filing 77 STATEMENT Stace First Amended Jurisdictional Statement filed by Dan Stace, Stephanie Stace. (Plouff, Thomas) |
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Filing 76
ORDER: Plaintiffs are AFFORDED to and including 12/12/2019, to file an amended supplemental jurisdictional statement in an effort to establish diversity jurisdiction. Signed by Magistrate Judge Susan L Collins on 12/5/2019. (lhc)
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| Filing 75 STATEMENT Jurisdictional Statement by Plaintiffs Stephanie Stace and Dan Stace filed by Dan Stace, Stephanie Stace. (Plouff, Thomas) |
| Filing 74 NOTICE of Appearance by Thomas O Plouff on behalf of Dan Stace, Stephanie Stace (Plouff, Thomas) |
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Filing 73
ORDER: Plaintiffs are ORDERED to file a jurisdictional statement on or before 11/26/2019, setting forth the basis for diversity of citizenship. Signed by Magistrate Judge Susan L Collins on 11/13/2019. (Copy mailed to Plaintiffs' counsel) (jat)
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| Filing 72 NOTICE of Appearance by Kimberly C Metzger on behalf of Ethicon, Inc., Johnson & Johnson (Metzger, Kimberly) |
| Filing 71 MOTION to Withdraw Motion to Withdraw Appearances of MDL Counsel for Defendants Ethicon, Inc. and Johnson & Johnson by Defendants Ethicon, Inc., Johnson & Johnson. (Larimore, Mary) |
| Filing 70 NOTICE of Appearance by Mary Nold Larimore on behalf of Ethicon, Inc., Johnson & Johnson (Larimore, Mary) |
| Filing 69 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-09243. Original file certified copy of transfer order and docket sheet received. |
| Filing 68 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 64 Continued (5332) Motion to Exclude Bruce Rosenzweig, #2 Exhibit ECF# 64 Continued (5333) Memo in Support of Motion to Exclude Bruce Rosenzweig, #3 Exhibit ECF# 64 Continued (5482) Response Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #4 Exhibit ECF# 64 Continued (5548) Reply in Support of Motion to Exclude Bruce Rosenzweig, #5 Exhibit ECF# 64 Continued (7342) Notice of Adoption of Prior Daubert Motion to Exclude Bruce Rosenzweig, #6 Exhibit ECF# 64 Continued (7364) Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 67 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 64 Continued (3642) Part 1 - Motion to Exclude Jimmy Mays, #2 Exhibit ECF# 64 Continued (3642) Part 2 - Motion to Exclude Jimmy Mays, #3 Exhibit ECF# 64 Continued (3647) Memo in Support of Motion to Exclude Jimmy Mays, #4 Exhibit ECF# 64 Continued (3751) Response to Motion to Exclude Jimmy Mays, #5 Exhibit ECF# 64 Continued (3847) Reply in Support of Motion to Exclude Jimmy Mays, #6 Exhibit ECF# 64 Continued (7336) Notice of Adoption of Motion to Exclude Jimmy Mays, #7 Exhibit ECF# 64 Continued (7359) Notice of Adoption of Response of Jimmy Mays, #8 Exhibit ECF# 64 Continued (7448) Notice of Adoption of Reply of Jimmy Mays, #9 Exhibit ECF# 64 Continued (2759) Motion to Exclude Peggy Pence, #10 Exhibit ECF# 64 Continued (2760) Memo in Support of Motion to Exclude, #11 Exhibit ECF# 64 Continued (2949) Response in Opposition to Motion to Exclude Peggy Pence, #12 Exhibit ECF# 64 Continued (3017) Reply in Support of Motion to Exclude Peggy Pence, #13 Exhibit ECF# 64 Continued (7335) Notice of Adoption of Prior Daubert Motion of Peggy Pence, #14 Exhibit ECF# 64 Continued (7362) Notice of Adoption of Response Regarding Peggy Pence)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 66 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF# 64 Continued (5491) - Response to Motion to Exclude Elliott, #2 Exhibit ECF#64 Continued (7340) Notice of Adoption of Motion to Exclude Elliott, #3 Exhibit ECF# 64 Continued (7354) Response of Elliott, #4 Exhibit ECF# 64 Continued (3626) Part 1 - Motion to Limit Uwe Klinge, #5 Exhibit ECF# 64 Continued (3626) Part 2 - Motion to Limit Uwe Klinge, #6 Exhibit ECF# 64 Continued (3630) Memo in Support of Uwe Klinge, #7 Exhibit ECF# 64 Continued (3767) Part 1 - Response in Opposition to Motion to Exclude Uwe Klinge, #8 Exhibit ECF# 64 Continued (3767) Part 2 - Response in Opposition to Motion to Exclude Uwe Klinge, #9 Exhibit ECF# 64 Continued (3767) Part 3 - Response in Opposition to Motion to Exclude Uwe Klinge, #10 Exhibit ECF# 64 Continued (3767) Part 4 - Response in Opposition to Motion to Exclude Uwe Klinge, #11 Exhibit ECF# 64 Continued (3855) Reply in Support of Motion to Exclude Uwe Klinge, #12 Exhibit ECF# 64 Continued (7334) Notice of Adoption of Motion to Exclude Uwe Klinge, #13 Exhibit ECF# 64 Continued (7356) Notice of Adoption of Prior Daubert Response for Uwe Klinge, #14 Exhibit ECF# 64 Continued (7446) Notice of Adoption of Prior Daubert Reply for Uwe Klinge, #15 Exhibit ECF# 64 Continued (2029) Motion to Exclude Michael Thomas Margolis, #16 Exhibit ECF# 64 Continued (2031) Memo in Support of Motion to Exclude Michael Thomas Margolis, #17 Exhibit ECF# 64 Continued (2169) Response in Opposition of Motion to Exclude Michael Thomas Margolis, #18 Exhibit ECF# 64 Continued (2212) Reply Memo in Support of Motion to Exclude Michael Thomas Margolis, #19 Exhibit ECF# 64 Continued (2832) Motion to Exclude Michael Thomas Margolis, #20 Exhibit ECF# 64 Continued (2833) Memo in Support of Motion to Exclude Michael Thomas Margolis, #21 Exhibit ECF# 64 Continued (2904) Memo in Opposition to Motion to Exclude Michael Thomas Margolis, #22 Exhibit ECF# 64 Continued (7331) Notice of Adoption of Prior Daubert Motion of Michael Thomas Margolis, #23 Exhibit ECF# 64 Continued (7358) Notice of Adoption of Prior Response of Michael Thomas Margolis)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 65 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (2553) Part 1 - Response in Opposition to Motion to Exclude Shelby Thames, #2 Exhibit (2553) Part 2 - Response in Opposition to Motion to Exclude Shelby Thames, #3 Exhibit (2553) Part 3 - Response in Opposition to Motion to Exclude Shelby Thames, #4 Exhibit (2621) Reply in Support of Motion to Exclude Shelby Thames, #5 Exhibit (2839) Part 1 - Motion to Exclude Shelby Thames, #6 Exhibit (2839) Part 2 - Motion to Exclude Shelby Thames, #7 Exhibit (2841) Memo in Support of Motion to Exclude Shelby Thames, #8 Exhibit (2957) Response in Opposition to Motion to Exclude Shelby Thames, #9 Exhibit (3037) Reply in Support of Motion to Exclude Shelby Thames, #10 Exhibit (7323) Notice of Adoption of Prior Daubert Motion of Shelby Thames, #11 Exhibit (7399) Notice of Adoption of Response of Shelby Thames, #12 Exhibit (2060) Motion to Exclude Timothy Ulatowski, #13 Exhibit (2065) Memo in Support of Motion to Exclude Timothy Ulatowski, #14 Exhibit (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #15 Exhibit (2232) Reply in Support of Motion to Exclude Timothy Ulatowski, #16 Exhibit (2910) Response Regarding Timothy Ulatowski, #17 Exhibit (7346) Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, #18 Exhibit (7461) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski, #19 Exhibit (7467) Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski, #20 Exhibit (2815) Memo in Support of Motion to Exclude Daniel Elliott, #21 Exhibit (2952) Memo in Support of Motion to Exclude Daniel Elliott, #22 Exhibit (5339) Part 1 - Motion to Exclude Daniel Elliott, #23 Exhibit (5339) Part 2 - Motion to Exclude Daniel Elliott)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 64 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (241) Master Answer and Jury Demand, #4 Exhibit (2054) Part 1 - Motion to Exclude Gregory Bales, #5 Exhibit (2054) Part 2 - Motion to Exclude Gregory Bales, #6 Exhibit (2057) Memo in Support of Motion to Exclude Gregory Bales, #7 Exhibit (2243) Reply to Memo in Opposition to Motion to Exclude Gregory Bales, #8 Exhibit (2914) Memo in Opposition to Motion to Exclude Gregory Bales, #9 Exhibit (7271) Notice of Adoption of Prior Motion of Gregory Bales, #10 Exhibit (7473) Notice of Adoption of Daubert Responses of Gregory Bales, #11 Exhibit (3623) Motion to Exclude Samantha Pulliam, #12 Exhibit (3627) Memo in Support of Motion to Exclude Samantha Pulliam, #13 Exhibit (3764) Response to Motion to Exclude Samantha Pulliam, #14 Exhibit (3860) Reply in Support of Motion to Exclude Samantha Pulliam, #15 Exhibit (7304) Notice of Adoption of Prior Daubert Motion of Samantha Pulliam, #16 Exhibit (7453) Notice of Adoption of Prior Response Regarding Samantha Pulliam, #17 Exhibit (2417) Motion to Exclude Robert Rogers, #18 Exhibit (2466) Memo in Support of Motion to Exclude Robert Rogers, #19 Exhibit (2488) Response in Opposition to Motion to Exclude Robert Rogers, #20 Exhibit (7308) Notice of Adoption of Prior Daubert Motion of Robert Rogers, #21 Exhibit (7435) Notice of Adoption of Prior Daubert Response of Robert Rogers, #22 Exhibit (2039) Motion to Exclude Shelby Thames, #23 Exhibit (2042) Memo in Support of Motion to Exclude Shelby Thames, #24 Exhibit (2187) Response in Opposition to Motion to Exclude Shelby Thames, #25 Exhibit (2247) Reply in Support of Motion to Exclude Shelby Thames, #26 Exhibit (2455) Part 1 - Motion to Exclude Shelby Thames, #27 Exhibit (2455) Part 2 - Motion to Exclude Shelby Thames)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 63
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 11/4/2019.]
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| Filing 62 RESPONSE TO ORDER TO SHOW CAUSE by Dan Stace, Stephanie Stace (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 61 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 60
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 11/4/2019.]
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Filing 59
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) (mwk) (ADI) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 58 NOTICE of Withdrawal of #56 Motion to Strike by Stephanie Stace (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 57 NOTICE of Withdrawal of #55 Notice of Video Deposition by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 56 MOTION by Stephanie Stace to Strike #55 Notice of Deposition (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 55 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 11/4/2019.] |
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Filing 54
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 11/4/2019.]
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| Filing 53 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) (Modified on 10/4/2018 to remove party filer)(rmc).[Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 52 CERTIFICATE OF SERVICE by Ethicon Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) (Modified on 9/17/2018 to remove party filers)(rmc)). [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 51
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Daniel Elliott, M.D.) re: ECF No. 4874 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain General Opinions of Daniel Elliott, M.D. filed in MDL 2327; the ECF No. 2666 Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.) entered on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases as identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 9/5/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 50
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) re: ECF No. 4875 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. filed in MDL 2327; the ECF No. 2668 Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.) entered on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 9/5/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (st) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 49
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Peggy Pence, Ph. D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Peggy Pence, Ph. D.) filed at ECF No. 2664 in MDL 2327 on 8/25/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 8/1/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 48
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Timothy Ulatowski, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski, M.D.) entered at ECF No. 2649 in MDL 2327 on August 25, 2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Timothy Ulatowski, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 8/1/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 47
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Shelby Thames, Ph.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) entered at ECF no. 2723 in MDL 2327 on 9/2/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/31/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 46
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Michael Margolis, M.D.) directing the Clerk to STRIKE the NOTICE of Adoption of Prior Daubert Motions and Reply Briefings of Michael Thomas Margolis, M.D. for Wave 6 by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson filed at ECF No. 4858 in MDL 2327; further directing that the Memorandum Opinion and Order (Daubert Motion re: Thomas Margolis, M.D.) entered at ECF No. 2681 in MDL 2327on 8/30/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/31/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (kab) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 45
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Dr. Jimmy W. Mays) directing that the Memorandum Opinion and Order (Daubert Motion re: Dr. Jimmy W. Mays) entered at ECF No. 2646 in MDL 2327 on 8/25/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/31/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 44
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Prof. Dr. Med. Uwe Klinge) directing that the Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) entered at ECF No. 2642 in MDL 2327 on 8/24/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/31/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 43
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Elaine Duncan, M.D.) directing that the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) entered at ECF No. 2656 in MDL 2327 on 8/25/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 42
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Gregory T. Bales, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Gregory T. Bales, M.D.) filed at ECF No. 2665 in MDL 2327 on 8/25/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Gregory T. Bales, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 41
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Samantha J. Pulliam, M.D.) directing the Clerk to strike the Notice of Adoption filed at ECF No. 4872 in MDL 2327; the Memorandum Opinion and Order (Daubert Motion re: Samantha J. Pulliam, M.D.) filed at ECF No. 6308 in MDL 2327 on 7/24/2018 as to the Ethicon Wave 4 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Samantha J.Pulliam, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 40 NON-REVISION ELECTION FORM: Continuing with the presently pending case without any waiver pursuant to the Pretrial Order; filed by Dan Stace, Stephanie Stace. (Cartmell, Thomas) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 39
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) (st) [Transferred from West Virginia Southern on 11/4/2019.]
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Filing 38
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) (mmw) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 37 REPLY MEMORANDUM by Ethicon, Inc., Johnson & Johnson to #36 Memorandum In Opposition. (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 36 MEMORANDUM by Stephanie Stace in opposition to #32 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Faes, Andrew) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 35 MEMORANDUM OF LAW by Dan Stace, Stephanie Stace in opposition to #30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Faes, Andrew) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 34 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew N. Faes on behalf of Stephanie Stace. (Faes, Andrew) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 33 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #32 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 32 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A - Margolis Expert Report, #2 Exhibit B - Guinn v Ethicon Order, #3 Exhibit C - Wiltgen v. Ethicon Order)(Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 31 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 30 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Ex. A - Excerpts Stace Dep Transcript redacted, #2 Ex. B - PFS Excerpts)(Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 29
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (mks) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 28 CERTIFICATE OF SERVICE by Stephanie Stace for Answers and Objections to First Set of Interrogatories, Response and Objections to First Set of Request for Admissions and Responses and Objections to First Set of Requests for Production of Documents. (Madden, Brian) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Karen J. Jacobs, D.O. on September 13, 2017 at 4:00 pm EDT (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 26 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. (Jones, Christy) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 25 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Arndt Mueller, M.D. on September 14, 2017 at 1:00 p.m. EDT (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Requests for Production of Documents and Things, First Set of Interrogatories and First Set of Request for Admission to Plaintiffs. (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Stephanie Stace for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 22 STIPULATION AND AGREEMENT OF PARTIES REGARDING THE DEPOSITION OF FACT WITNESSES by Ethicon, Inc., Johnson & Johnson, Stephanie Stace, Dan Stace (Steinmetz, Jennifer) (Modified on 7/25/2017 to add party filers) and to convert event to stipulation) (kp). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 21 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF STEPHANIE STACE by Ethicon, Inc., Johnson & Johnson, Stephanie Stace, Dan Stace (Steinmetz, Jennifer) (Modified on 7/20/2017 to convert event to stipulation and to add party filers) (kp). [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 20
PRETRIAL ORDER # 261 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) directing Ethicon, LLC be dismissed without prejudice from each case remaining in Wave 6, identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 6/23/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 Cases Listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Stephanie Stace on June 26, 2017 at 2:00 pm EST (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 18 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING CONSORTIUM PLAINTIFF'S DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Stephanie Stace, Dan Stace (Steinmetz, Jennifer) (Modified on 6/14/2017 to convert event to stipulation and to add party filers) (skh). [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 17 PLAINTIFF PROFILE FORM filed by Stephanie Stace. (Schnieders, Christopher) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 16 PLAINTIFF FACT SHEET filed by Stephanie Stace. (Schnieders, Christopher) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 15 NOTICE of Issuance of Subpoena to Economan & Associates Family Medicine by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Brian J. Madden on behalf of Dan Stace, Stephanie Stace. (Madden, Brian) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jennifer Lynn Steinmetz on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Steinmetz, Jennifer) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Arndt Mueller on 07/31/2017 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 11
PRETRIAL ORDER # 251 (Docket Control Order - Wave 6 Cases) The parties recently submitted a joint list of 400 of the oldest cases in the Ethicon MDL not already in a wave that name only Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson or allege claims against only the Ethicon defendants' products. These cases, attached hereto as Exhibit A, will be known as the "Ethicon Wave 6 cases," and it is ORDERED as follows: Scheduling Deadlines. The following deadlines shall apply in the Ethicon Wave 6 cases: Plaintiff Fact Sheets due by 5/25/2017, Defendant Fact Sheets due by 6/26/2017, Deadline for written discovery requests due by 8/11/2017, Expert disclosure by plaintiffs due by 7/27/2017, Expert disclosure by defendants due by 8/28/2017, Expert disclosure for rebuttal purposes due by 9/11/2017, Deposition deadline and close of discovery due by 9/25/2017, Filing of Dispositive Motions due by 10/16/2017, Response to Dispositive Motions due by 10/30/2017, Reply to response to dispositive motions due by 11/06/2017, Filing of Daubert motions due by 10/23/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/13/2017. 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: A consolidated motion to seal is due on or before 8/21/2017, any response is due 9/05/2017 and any reply is due 9/12/2017. Venue Recommendations. By no later than 8/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/11/2017. Signed by Judge Joseph R. Goodwin on 4/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 cases listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 11/4/2019.] |
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Filing 8
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 11/4/2019.]
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| Filing 7 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 11/4/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 26 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Coloplast, et al.; Revised Motion to Transfer MDL) entered on 12/17/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jap) [Transferred from West Virginia Southern on 11/4/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2135271. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 11/4/2019.] |
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