Klein v. Ethicon, Inc et al
| Sharon Klein |
| Johnson & Johnson, CR Bard, Inc, Tissue Science Laboratories Limited and Ethicon, Inc |
| 2:2019cv01007 |
| March 29, 2019 |
| US District Court for the Northern District of Iowa |
| Kelly Mahoney |
| Kelly KE Mahoney |
| CJ Williams |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 24 JOINT STIPULATION of Dismissal Without Prejudice by Ethicon, Inc, Johnson & Johnson, Sharon Klein (copy w/NEF mailed to non-ECF attorneys, eAtty Papantonakis) (des) (Additional attachment(s) added on 4/11/2019: #1 Receipt Confirmation) (des). |
Filing 23
ORDER: The requirement for admission under Local Rule 83(d) (Doc. #21 ) is waived for counsel for Plaintiff Sharon Klein to allow the filing of a stipulation of dismissal. Counsel should submit to the Clerk of Court the stipulation of dismissal for filing in this case. Signed by Chief Magistrate Judge Kelly Mahoney on 4/9/2019. (copy w/NEF mailed to non-ECF attorneys, eAtty Papantonakis) (des) (Additional attachment(s) added on 4/9/2019: #1 Receipt Confirmations) (des).
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| Filing 22 NOTICE of Appearance by Richard A Stefani on behalf of Ethicon, Inc, Johnson & Johnson. (Stefani, Richard) |
| Filing 21 NOTICE to Attorneys Not Admitted to Practice. Signed by Clerk on 3/29/2019. (copy w/NEF mailed to non-ECF attorneys). (des) |
| Filing 20 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-05170. Original file certified copy of transfer order and docket sheet received. (#Click Here for Link to WVSD MDL Orders. ) NORTHERN DISTRICT OF IOWA DOCKET BEGINS HERE Modified on 3/29/2019 (des) |
| Judge CJ Williams and Chief Magistrate Judge Kelly Mahoney added. Clerk checked for conflicts as to parties and attorneys - none found. (des) |
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Filing 19
ORDER denying #17 MOTION by Sharon Klein to Dismiss Without Prejudice Against C. R Bard, Inc. and Tissue Science Laboratories Limited. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 3/29/2019.]
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Filing 18
ORDER (Dismissing Certain Defendants with Prejudice and possible transfer of case(s) to MDL 2327) directing that (1) the Joint Motion to Dismiss with Prejudice filed in MDL 2187 is GRANTED; the Plaintiff(s)' Motion to Transfer is DENIED as moot; and (2) the Bard and Covidien defendants are DISMISSED WITH PREJUDICE from the action(s) listed on the attached Exhibit(s) A; (3) if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot; and, (4) if other defendants remain in a civil action, then those actions are TRANSFERRED to MDL 2327. The Clerk is DIRECTED to: (1) dismiss the Bard and Covidien defendants from the individual civil action(s) with prejudice; (2) if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case (3) if there are remaining defendants in an individual action, then (a) transfer the case to MDL 2327, and (b) if the case has a Wave flag set from the Omnibus Order, then change the Wave flag to the appropriate Wave flag if necessary. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Case Listed on Exhibit A) (mek) [Transferred from West Virginia Southern on 3/29/2019.]
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| Filing 17 MOTION by Sharon Klein to Dismiss Without Prejudice Against C. R Bard, Inc. and Tissue Science Laboratories Limited. (Attachment: #1 Proposed Order)(Papantonakis, Caryn) [Transferred from West Virginia Southern on 3/29/2019.] |
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Filing 16
TRANSFER ORDER FOR CASES ON EXHIBITS A-R Directing that in 14 days, the cases on Exhibits A-R are transferred to the United States District Courts identified on Exhibits A-R pursuant to 28 U.S.C. 1404(a); further directing that within these 14 days, the parties shall file a joint designation of any non-PTO filings from 2:10-md-2187; Joint Motions to Dismiss or Dismissals pursuant to Pretrial Order # 282 filed within the 14 day time period will be ruled upon prior to transfer; closed cases will not be transferred; immediately after the expiration of 14 days, the Clerk of this court is DIRECTED to transmit the following to the United States District Courts on on Exhibits A-R: (1) a copy of the docket sheet for each individual case on Exhibits A-R; (2) the entire file for each case on Exhibits A-R; (3) the docket sheet for MDL 2187, 2:10-md-2187; (4) all Pretrial Orders entered in 2:10-md-2187; and (5) any other non-PTO filing from 2:10-md-2187 which the parties jointly designate in the individual cases on Exhibits A-R. Signed by Judge Joseph R. Goodwin on 3/14/2019. (cc: Clerk of the JPMDL; the offices of the Chief District Judges of the United States District Courts for the cases on Exhibits A-R; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibits A-R) (mek) [Transferred from West Virginia Southern on 3/29/2019.]
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Filing 15
ORDER granting the Motions filed in MDL 2187 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 2187 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 2187 with which David B. Thomas is associated. Signed by Judge Thomas E. Johnston and Judge Joseph R. Goodwin on 8/16/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 3/29/2019.]
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| Filing 14 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO #275) by Tissue Science Laboratories Limited, C. R. Bard, Inc., Sharon Klein (Hobbs, Micah) (Modified on 6/19/2018 to add party filers) (kp). [Transferred from West Virginia Southern on 3/29/2019.] |
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Filing 13
PRETRIAL ORDER # 283 (Amended Docket Control Order C. R. Bard Wave 7 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 275. 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 7 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 2187; Active Bard Wave 7 Cases) (st) [Transferred from West Virginia Southern on 3/29/2019.]
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| Filing 12 PLAINTIFF FACT SHEET filed by Sharon Klein. (Attachment: #1 Exhibit)(Papantonakis, Caryn) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 11 PLAINTIFF FACT SHEET filed by Sharon Klein. (Attachment: #1 Exhibit)(Papantonakis, Caryn) [Transferred from West Virginia Southern on 3/29/2019.] |
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Filing 10
PRETRIAL ORDER # 275 (Docket Control Order - C. R. Bard Wave 7 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING C. R. BARD, 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 7 cases") becomes subject to the deadlines in this Docket Control Order. The stay on the Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases are incorporated in the C. R. Bard Wave 7 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 7 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 7 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 2187; Bard Wave 7 Cases Listed on Exhibit A) (lca) [Transferred from West Virginia Southern on 3/29/2019.]
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| Filing 9 PLAINTIFF PROFILE FORM filed by Sharon Klein. (Papantonakis, Caryn) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 8 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 3/29/2019.] |
| Filing 7 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 3/29/2019.] |
| Filing 6 WAIVER OF SERVICE EXECUTED. Waiver signed by Deborah Moeller on 7/13/16. Tissue Science Laboratories Limited waiver mailed on 7/1/2016, answer due 8/30/2016. (Moeller, Deborah) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Micah L. Hobbs on behalf of Tissue Science Laboratories Limited. (Hobbs, Micah) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 4 WAIVER OF SERVICE EXECUTED. Waiver signed by Richard B. North, Jr. on 7/6/2016. C. R. Bard, Inc. waiver mailed on 7/1/2016, answer due 8/30/2016. (North, Richard) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Richard B. North, Jr on behalf of C. R. Bard, Inc.. (North, Richard) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 217 (ORDER APPOINTING CATHY YANNI AS SPECIAL MASTER FOR PRIVATE SETTLEMENT AGREEMENTS BETWEEN COVIDIEN AND CERTAIN PLAINTIFFS' COUNSEL) entered on 05/17/2016 in MDL 2187 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from West Virginia Southern on 3/29/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4645265. (Attachment: #1 Civil Cover Sheet) (cma) [Transferred from West Virginia Southern on 3/29/2019.] |
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