Foster et al v. Ethicon, Inc. et al
| Alice Foster and William Foster |
| Ethicon, Inc., Johnson & Johnson and Ethicon LLC |
| 2:2019cv00420 |
| November 4, 2019 |
| US District Court for the Northern District of Indiana |
| John E Martin |
| Theresa L Springmann |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 66 NOTICE of Appearance by Ellen Pactor on behalf of Ethicon, Inc., Johnson & Johnson (Pactor, Ellen) |
Filing 67
ORDER granting #64 Application to Appear Pro Hac Vice of Attorney Elise A. Waisbren PHV for Alice Foster and William Foster. Signed by Magistrate Judge John E Martin on 12/4/2019. (ace)
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Filing 65
ORDER granting #63 Application to Appear Pro Hac Vice of Attorney Stephen D. Phillips PHV for Alice Foster and William Foster. Signed by Magistrate Judge John E Martin on 12/4/2019. (ace)
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| Filing 64 Application for Attorney Elise A. Waisbren to Appear Pro Hac Vice on behalf of Alice Foster and William Foster. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4081645(Pro Hac Vice Temporary login, ) |
| Filing 63 Application for Attorney Stephen D. Phillips to Appear Pro Hac Vice on behalf of Alice Foster and William Foster. Pro Hac Vice fee of $ 96 has been received, receipt number 0755-4080469(Pro Hac Vice Temporary login, ) Modified on 12/3/2019 to correct name of Attorney filing Pro Hac Vice (ace). |
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Filing 62
ORDER granting #60 Motion to Withdraw Appearances of MDL Counsel for Defendants Ethicon, Inc. and Johnson & Johnson. Signed by Magistrate Judge John E Martin on 11/14/19. (Copy mailed as directed in Order)(tlr)
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| Filing 61 NOTICE of Appearance by Kimberly C Metzger on behalf of Ethicon, Inc., Johnson & Johnson (Metzger, Kimberly) |
| Filing 60 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 59 NOTICE of Appearance by Mary Nold Larimore on behalf of Ethicon, Inc., Johnson & Johnson (Larimore, Mary) |
| Filing 58 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-06679. Original file certified copy of transfer order and docket sheet received. |
| Filing 57 CONFIRMATION from USDC Northern Indiana that the case has been opened in that district as 2:19-cv-00420, filed 11/04/2019. (kew) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 56 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, ECF#2949 - Memorandum in Support of Motion, #2 Exhibit ECF#3017 - Reply to Motion to Exclude, #3 Exhibit ECF#6821 - Notice of Adoption of Motion, #4 Exhibit ECF#6958 - Notice of Adoption of Response, #5 Exhibit ECF#7177 - Notice of Adoption of Reply, #6 Exhibit ECF#2817 - Motion to Exclude, #7 Exhibit ECF#2818 - Memorandum in Support of Motion, #8 Exhibit ECF#2931 - Memorandum in Opposition of Motion, #9 Exhibit ECF#5332 - Motion to Exclude, #10 Exhibit ECF#5333 - Memorandum in Support of Motion, #11 Exhibit ECF#5482 - Response to Motion to Exclude, #12 Exhibit ECF#5548 - Reply to Motion to Exclude, #13 Exhibit ECF#6852 - Notice of Adoption of Motion, #14 Exhibit ECF#6960 - Notice of Adoption of Response, #15 Exhibit ECF#2820 - Motion to Exclude, #16 Exhibit ECF#2890 - Memorandum in Support of Motion, #17 Exhibit ECF#3033 - Reply to Motion to Exclude, #18 Exhibit ECF#6854 - Notice of Adoption of Motion, #19 Exhibit ECF#6964 - Notice of Adoption of Response, #20 Exhibit ECF#7156 - Notice of Adoption of Reply, #21 Exhibit ECF#2821 - Memorandum in Support of Motion)(Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 55 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, ECF#2910 - Supplemental Response and Notice of Adoption of Response, #2 Exhibit ECF#6860 - Notice of Adoption of Motion, #3 Exhibit ECF#6965 - Notice of Adoption of Response, #4 Exhibit ECF#7143 - Notice of Adoption of Reply, #5 Exhibit ECF#2815 - Memorandum in Support of Motion, #6 Exhibit ECF#2952 - Memorandum in Opposition of Motion, #7 Exhibit ECF#5339 Part 1 - Motion to Exclude, #8 Exhibit ECF#5339 Part 2 - Motion to Exclude, #9 Exhibit ECF#5340 - Memorandum in Support of Motion, #10 Exhibit ECF#5491 - Response to Motion to Exclude, #11 Exhibit ECF#6842 - Notice of Adoption of Motion, #12 Exhibit ECF#6922 - Notice of Adoption of Response, #13 Exhibit ECF#4573 Part 1 - Motion to Exclude, #14 Exhibit ECF#4573 Part 2 - Motion to Exclude, #15 Exhibit ECF#4573 Part 3 - Motion to Exclude, #16 Exhibit ECF#4573 Part 4 - Motion to Exclude, #17 Exhibit ECF#4574 - Memorandum in Support of Motion, #18 Exhibit ECF#4675 Part 1 - Memorandum in Opposition of Motion, #19 Exhibit ECF#4675 Part 2 - Memorandum in Opposition of Motion, #20 Exhibit ECF #4692 - Reply in Support of Motion, #21 Exhibit ECF#6641 - Notice of Adoption of Motion, #22 Exhibit ECF#6951 - Notice of Adoption of Response, #23 Exhibit ECF#7120 - Notice of Adoption of Reply, #24 Exhibit ECF#2759 - Motion to Exclude)(Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 54 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued, ECF#2455 Part 2 - Motion to Exclude, #2 Exhibit ECF#2458 - Memorandum in Support of Motion, #3 Exhibit ECF#2553 Part 1 - Response to Motion to Exclude, #4 Exhibit ECF#2553 Part 2 - Response to Motion to Exclude, #5 Exhibit ECF#2553 Part 3 - Response to Motion to Exclude, #6 Exhibit ECF #2621 - Reply in Support of Motion, #7 Exhibit ECF#2839 Part 1 - Motion to Exclude, #8 Exhibit ECF#2839 Part 2 - Motion to Exclude, #9 Exhibit ECF#2841 - Memorandum in Support of Motion, #10 Exhibit ECF#2957 - Response to Motion to Exclude, #11 Exhibit ECF #3037 - Reply in Support of Motion, #12 Exhibit ECF#6857 - Notice of Adoption of Motion, #13 Exhibit ECF#6972 - Notice of Adoption of Response, #14 Exhibit ECF#7113 - Notice of Adoption of Reply, #15 Exhibit ECF#2023 - Motion to Exclude, #16 Exhibit ECF#2028 - Memorandum in Support of Motion, #17 Exhibit ECF #2231 - Reply in Support of Motion, #18 Exhibit ECF#2916 - Response to Motion to Exclude, #19 Exhibit ECF #2993 - Reply in Support of Motion, #20 Exhibit ECF#6858 - Notice of Adoption of Motion, #21 Exhibit ECF#6986 - Notice of Adoption of Response, #22 Exhibit ECF#7116 - Notice of Adoption of Reply, #23 Exhibit ECF#2060 - Motion to Exclude, #24 Exhibit ECF#2065 - Memorandum in Support of Motion, #25 Exhibit ECF#2134 - Response to Motion to Exclude)(Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Master Long Form Complaint, #2 Exhibit ECF #239 - Master Answer of Ethicon, #3 Exhibit ECF #241 - Master Answer of J&J, #4 Exhibit ECF #262 - Short Form Complaint, #5 Exhibit ECF #263 - Amended Short Form Complaint, #6 Exhibit ECF#2063 Part 1 - Motion to Preclude, #7 Exhibit ECF#2063 Part 2 - Motion to Preclude, #8 Exhibit ECF#2069 - Memorandum in Support of Motion to Preclude, #9 Exhibit ECF#2184 Part 1 - Response to Motion to Exclude, #10 Exhibit ECF#2184 Part 2 - Response to Motion to Exclude, #11 Exhibit ECF #2255 - Reply to Motion, #12 Exhibit ECF#6796 - Notice of Adoption of Motion, #13 Exhibit ECF#6966 - Notice of Adoption of Response, #14 Exhibit ECF#7093 - Notice of Adoption of Reply, #15 Exhibit ECF#2479 - Motion to Exclude, #16 Exhibit ECF#2480 - Memorandum in Support of Motion to Exclude, #17 Exhibit ECF#2936 - Opposition to Motion to Exclude, #18 Exhibit ECF#3288 - Reply in Support of Motion, #19 Exhibit ECF#6855 - Notice of Adoption of Motion, #20 Exhibit ECF#6997 - Notice of Adoption of Response, #21 Exhibit ECF#7142 - Notice of Adoption of Reply, #22 Exhibit ECF#2039 - Motion to Exclude, #23 Exhibit ECF#2042 - Memorandum in Support of Motion to Exclude, #24 Exhibit ECF#2187 - Response to Motion to Exclude, #25 Exhibit ECF #2247 - Reply to Motion)(Gage, William) (Modified on 10/30/2019 to add party filers)(mk). [Transferred from West Virginia Southern on 11/5/2019.] |
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Filing 52
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 11/5/2019.]
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| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) (Modified on 5/1/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 50 RESPONSE TO ORDER TO SHOW CAUSE by Alice Foster, William Foster (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
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Filing 49
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 11/5/2019.]
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Filing 48
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 11/5/2019.]
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Filing 47
JOINT STIPULATION OF DISMISSAL/ORDER Defendant Ethicon, LLC is dismissed from this action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each party to bear its own costs. Signed by Judge Joseph R. Goodwin on 1/14/2019. (cc: attys; any unrepresented party) (kab) [Transferred from West Virginia Southern on 11/5/2019.]
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| Filing 46 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Barry J. Koopmann on behalf of Ethicon, Inc., Johnson & Johnson. (Koopmann, Barry) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 45 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #43 Notice to Take or Amend Deposition of Larry Sirls, M.D. (Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 44 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #42 Notice to Take or Amend Deposition of Shelby F. Thames, PhD (Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 43 NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Larry Sirls, M.D. on November 9, 2018 at 1:30 p.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 42 NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Shelby F. Thames, PhD on November 1, 2018 at 10:00 a.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 41 MEMORANDUM by Alice Foster, William Foster in opposition to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 40 RESPONSE by Alice Foster, William Foster in opposition to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B1, #3 Exhibit B2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Waisbren, Elise) (Modified on 11/5/2018 to remove link to #38 brief in support)(rmc). [Transferred from West Virginia Southern on 11/5/2019.] |
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Filing 39
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 11/5/2019.]
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| Filing 38 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 36 CERTIFICATE OF SERVICE by Alice Foster, William Foster for First Amended Designation and Disclosure of General and Case-Specific Expert Witnesses. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 35 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of David Shuck, D.O. on September 20, 2018 at 1:30 p.m. (Attachment: #1 Subpoena to Testify at a Deposition in a Civil Action)(Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 34 AMENDED NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of David Shuck, D.O. on September 21, 2018 at 11:00 a.m. (Attachment: #1 Subpoena to Testify at a Deposition in a Civil Action)(Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 33 NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Marc I. Brand, M.D. on September 25, 2018 at 11:00 a.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 31 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Dionysios K. Veronikis, M.D. on August 26, 2018 at 1:00 p.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 30 NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of David Shuck, D.O. on September 21, 2018 at 11:00 a.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Dionysios K. Veronikis, M.D. on August 26, 2018 at 1:00 p.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 28 JOINT STIPULATION OF DISMISSAL OF ETHICON, LLC Without Prejudice by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Alice Foster, William Foster (Young, Kimberly) (Modified on 6/27/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 26 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Responses to Plaintiffs' First Set of Interrogatories, Requests for Production, Requests for Admission and Supplemental Requests for Admission. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 25 AMENDED NOTICE OF CONTINUED VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Alice Foster on July 20, 2018 at 1:00 p.m. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 24 NOTICE OF CONTINUED VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Alice Foster on July 20, 2018 at 9:00 a.m. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 23 CERTIFICATE OF SERVICE by Alice Foster, William Foster for Answers to Defendants' Requests for Admissions. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
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Filing 27
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (pma) [Transferred from West Virginia Southern on 11/5/2019.]
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| Filing 22 CERTIFICATE OF SERVICE by Alice Foster, William Foster for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 21 NOTICE OF INDEPENDENT MEDICAL EXAMINATION by Ethicon, Inc., Johnson & Johnson (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Alice Foster, William Foster of Dionysios K. Veronikis, M.D. on July 17, 2018 at 10:30 a.m. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 19 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Production and Requests for Admission. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 18 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Alice Foster on May 15, 2018 at 1:00 p.m. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Alice Foster on May 15, 2018 at 1:00 p.m. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Smith on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Smith, Laura) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kimberly Dickerson Young on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Young, Kimberly) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 14 PLAINTIFF FACT SHEET filed by Alice Foster, William Foster. (Attachment: #1 Certificate of Service)(Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
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Filing 13
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 11/5/2019.]
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| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. David B. Shuck on 5/15/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 11 PLAINTIFF PROFILE FORM filed by Alice Foster, William Foster. (Attachments: #1 Exhibit(s) Exhibit A, #2 Certificate of Service)(Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 10 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 11/5/2019.] |
| Filing 9 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 11/5/2019.] |
| Filing 8 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 11/5/2019.] |
| NOTICE OF DOCKET CORRECTION re: #4 Notice of Attorney Appearance and Counsel Contact Information Form by Stephen D. Phillips on behalf of Alice Foster, William Foster. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced with correct image. (rea) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 7 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 11/5/2019.] |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachment: #1 as to Ethicon, LLC, #2 as to Johnson & Johnson) (mmw) [Transferred from West Virginia Southern on 11/5/2019.] |
| NOTICE OF DOCKET CORRECTION re: #1 Short Form Complaint. ERROR: Incorrect images attached. CORRECTION: Incorrect images removed and replaced with correct images. (skh) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Terrence M. Quinn on behalf of Alice Foster, William Foster. (Quinn, Terrence) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Stephen D. Phillips on behalf of Alice Foster, William Foster. (Phillips, Stephen) (Modified on 9/19/2013 to replace incorrect image with correct image) (rea). [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Elise A. Waisbren on behalf of Alice Foster, William Foster. (Waisbren, Elise) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 41 (Defendant Fact Sheet) entered on 03/15/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Defendant's Fact Sheet) (jap) [Transferred from West Virginia Southern on 11/5/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2315103. (Attachment: #1 Civil Cover Sheet) (mmw) (Modified on 4/3/2013 to remove and replace incorrect images with the short form complaint and civil cover sheet) (skh). [Transferred from West Virginia Southern on 11/5/2019.] |
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