Martinez v. Johnson & Johnson et al
| Rebecca Martinez |
| Johnson & Johnson and Ethicon Inc |
| 2:2018cv00220 |
| June 6, 2018 |
| US District Court for the Northern District of Indiana |
| Hammond Office |
| Lake |
| John E Martin |
| James T Moody |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
244
AMENDED OPINION AND ORDER: The Motion 166 is GRANTED in part. Dr. Becker is permitted to testify about the industry standards and practices as it pertains to the defendants' and the medical device industry in general. However, the court is re fraining from expressing an opinion as to the specific testimony of Dr. Becker's that will be admissible, as it has not been provided the details of those opinions. In no event will Dr. Becker be permitted to testify beyond the bounds of her report. Signed by Magistrate Judge Andrew P Rodovich on 2/23/2022. (rmf)
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Filing
243
OPINION AND ORDER: The defendants' First MOTION in Limine Motion to Exclude Becker filed by Rebecca Martinez 165 is GRANTED in part. Dr. Becker is permitted to testify about the industry standards and practices as it pertains to the defendants' and the medical device industry in general. Signed by Magistrate Judge Andrew P Rodovich on 02/22/2022. (jdb)
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Filing
242
OPINION AND ORDER GRANTING in part 166 Motion in Limine Motion to Exclude Freeman by Plaintiff Rebecca Martinez as outlined in order. Signed by Magistrate Judge Andrew P Rodovich on 2/17/2022. (mrm)
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Filing
239
OPINION AND ORDER GRANTING IN PART 167 Third MOTION in Limine Plaintiffs Motion to Exclude Evidence About the FDA and For Pretrial Ruling on Whether Jury Instruction On Compliance With Applicable Codes Will Be Given filed by Rebecca Martinez. Signed by Magistrate Judge Andrew P Rodovich on 2/16/2022. (lhc)
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Filing
236
OPINION AND ORDER: Motion 181 is GRANTED in part. Dr. Coles testimony will not be permitted as to the design and development of Restorelle Y, but will be permitted to testify as to her personal experience with polypropylene mesh, including Restorelle Y. Signed by Magistrate Judge Andrew P Rodovich on 2/14/2022. (nhc)
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Filing
233
OPINION AND ORDER granting 169 Motion Exclude the Opinions and Testimony of Plaintiff's Regulatory Expert Peggy Pence, PH.D. Signed by Magistrate Judge Andrew P Rodovich on 02/11/2022. (jdb)
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Filing
232
OPINION AND ORDER granting 175 Motion to Exclude the Testimony and Opinions of Jimmy Mays, PH.D by Defendants Coloplast Corp, Coloplast Manufacturing US, LLC. Signed by Magistrate Judge Andrew P Rodovich on 02/10/2022. (jdb)
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Filing
228
OPINION AND ORDER: The Motion for Summary Judgment 163 is GRANTED in part. Counts VII, VIII, and IX of the Amended Complaint 23 are hereby DISMISSED. The claims for negligence, with the exception of failure to warn, and punitive damages remain. Signed by Magistrate Judge Andrew P Rodovich on 02/04/2022. (jdb)
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Filing
148
OPINION AND ORDER: The motion DE 139 is GRANTED with relief different than requested. The court STRIKES the March 5, 2021 and March 18, 2021 amended reports as well as the May 4, 2021 addendum and ORDERS the plaintiff to refrain from using the vide otaped depositions of Dr. Blaivas and Dr. Margolis in this case. The defendants' request for the fees incurred in bringing this motion is GRANTED. The court ORDERS the defendants to file an affidavit detailing the costs and fees associated with the filing of the instant motion and for attending the improper potions of the depositions of Dr. Blaivas and Dr. Margolis on or before 6/29/21. Signed by Magistrate Judge Andrew P Rodovich on 6/15/21. (nal)
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Filing
124
OPINION AND ORDER DENYING 105 MOTION for Partial Summary Judgment Plaintiff's Motion For Partial Summary Judgment filed by Rebecca Martinez. The court ORDERS the parties to file a joint status report regarding their willingness to engage in a settlement conference before a Magistrate Judge by 3/15/2021. A trial date will be set under a separate order. Signed by Senior Judge James T Moody on 3/1/2021. (mrm)
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Filing
121
OPINION AND ORDER: The Court hereby GRANTS Defendants Coloplast Corp. and Coloplast Manufacturing US, LLC's Motion to Quash Notices of Deposition and for a Protective Order 111 , QUASHES Plaintiff's notices of deposition for her expert wit nesses, Dr. Blaivas and Dr. Mays, and ORDERS Plaintiff to make her expert witnesses available for expert depositions. Because the motion is granted, "the court must, after giving an opportunity to be heard, require the party...whose conduct nece ssitated the motion...to pay the movant's reasonable expenses incurred in making the motion, including attorney's fees." Fed. R. Civ. P. 37(a)(5)(A); see also Fed. R. Civ. P. 26(c)(3) (providing that "Rule 37(a)(5) applies to the award of expenses" in an action for protective order). Accordingly, the Court ORDERS Defendants to file, by 2/23/2021; an itemization of costs and fees, including attorney's fees, incurred in making the Motion, with Plaintiff to file a resp onse by 3/9/2021, and Defendants to file a reply, if any, by 3/16/2021. Because this matter has been resolved on the filings and no hearing was necessary, the Court DENIES as moot the Request for Oral Argument 119 . Signed by Magistrate Judge John E Martin on 2/10/2021. (bas)
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