Blake v. Ethicon, Inc. et al
| Tina Marie Blake |
| Ethicon, Inc. and Johnson & Johnson |
| 2:2020cv02533 |
| October 26, 2020 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| John W Broomes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| ***Civil Case Terminated pursuant Stipulation of Dismissal Without Prejudice #34 .(ses) |
| Filing 34 STIPULATION OF DISMISSAL Without Prejudice of Ethicon, Inc and Johnson & Johnson by Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
Filing 33
ORDER granting #32 Motion to Appear Pro Hac Vice of Matthew P. Smith for Ethicon, Inc. and Johnson & Johnson pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 11/22/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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| Filing 32 MOTION for attorney Matthew P. Smith to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5325613.) by Defendants Ethicon, Inc., Johnson & Johnson (referred to Magistrate Judge Gwynne E. Birzer) (Attachments: #1 Affidavit)(Mouber, Bryan) |
| Filing 31 DESIGNATION OF PLACE OF TRIAL filed by Defendants Ethicon, Inc., Johnson & Johnson - trial to be held in Wichita. (Mouber, Bryan) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT by Ethicon, Inc., Johnson & Johnson identifying None as corporate parent . (Mouber, Bryan) |
| Filing 29 ENTRY OF APPEARANCE by Haley Ann Stevenson on behalf of Ethicon, Inc., Johnson & Johnson. (Stevenson, Haley) |
| Filing 28 ENTRY OF APPEARANCE by Bryan E. Mouber on behalf of Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
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Filing 27
ORDER OF RECUSAL. District Judge John W. Lungstrum recused. Case reassigned to District Judge John W. Broomes for all further proceedings. Signed by District Judge John W. Lungstrum on 10/26/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses)
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| Filing 26 Letter from the clerk to counsel regarding pro hac vice requirements. (hw) |
| Filing 25 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:14-cv-11428. Electronic file certified copy of transfer order and docket sheet received. (hw) |
| Filing 24 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.pdf, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint.pdf, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint.pdf, #4 Exhibit MDL ECF (262) - Short Form Complaint.pdf, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.] |
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Filing 23
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 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 10/22/2020 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 10/9/2020. (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 10/26/2020.]
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| Filing 22 NOTICE of Withdrawal of #19 Amended Notice of Video Deposition of Tina Marie Blake by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) (Modified on 2/19/2019 to add link to Amended Notice of Video Deposition)(slr). [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 21 RETURN OF SERVICE ON SUBPOENA for James Gilbaugh, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. James Gilbaugh on 03/14/19 at 1:00 p.m. CST (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 19 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tina Marie Blake on 02/28/19 at 1:00 p.m. CST (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tina Marie Blake on 2/28/19 at 1:00 p.m. (MST) (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 15 PLAINTIFF FACT SHEET filed by Tina Marie Blake. (Goss, Tim) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.] |
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Filing 13
PRETRIAL ORDER # 320 (Docket Control Order - Ethicon, Inc. Wave 10 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 10 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all Ethicon Wave 10 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 10 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 12
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) (ts) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 11
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (brn) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 10
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (mek) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 9
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (st) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 8
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (brn) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 7
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 7/1/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 2899 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 10/17/2016. (cc: attys; any unrepresented party) (mmw) [Transferred from West Virginia Southern on 10/26/2020.]
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Filing 6
ORDER granting MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address filed in MDL 2327. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: attys; any unrepresented party) (mek) (Modified dated filed on 5/25/2016) (klc). [Transferred from West Virginia Southern on 10/26/2020.]
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| 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 10/26/2020.] |
| Filing 4 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 10/26/2020.] |
| Filing 3 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 10/26/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 106 (Daniel J. Christensen and MedStar Funding, LCs Motion to Quash or Modify Subpoenas Issued by Ethicon, Inc.) entered on 03/04/2014 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 10/26/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3046552. (Attachment: #1 Civil Cover Sheet) (kw) [Transferred from West Virginia Southern on 10/26/2020.] |
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