Dice et al v. Ethicon, Inc. et al
| Terry Dice and Denese Dice |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 2:2020cv02603 |
| December 1, 2020 |
| US District Court for the District of Kansas |
| James P O'Hara |
| Kathryn H Vratil |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 119 RESPONSE by Defendants Ethicon, Inc., Johnson & Johnson re #107 Motion to Exclude, Pursuant to Federal Rule of Evidence 702 and Daubert (Mouber, Bryan) |
| Filing 118 MEMORANDUM IN OPPOSITION by Plaintiffs Denese Dice, Terry Dice re #108 MOTION to Exclude Limit the Case Specific Opinions and Testimony of Donald Ostergard MD (Attachments: #1 Exhibit A Carbone Expert Report, #2 Exhibit B Carbone General Prolift Report)(Watkins, Diane) |
Filing 117
ORDER SETTING PRETRIAL FILING DEADLINES AND ORDER TO SHOW CAUSE. Jury Trial set for 5/3/2021 at 09:00 AM in KC Courtroom 643 before District Judge Kathryn H. Vratil. Motion and Daubert Hearing set for 2/11/2021 at 10:00 AM in KC Room 529 (KHV) before District Judge Kathryn H. Vratil. On or before 3:00 p.m. on February 1, 2021, the parties show cause in writing why the Court should not appoint a special master to perform duties such as those outlined above. The parties may also provide suggestions regarding person(s) to be named as a special master and any proposed allocation of compensation of the special master. If any party objects to appointment of a special master, counsel shall present a detailed plan for who shall provide constant monitoring of the Zoom platform throughout its utilization during trial, who shall coordinate with judicial personnel who shall maintaintechnical and administrative control over the Court's Zoom account, and who may travel in the course of performing such duties. See order for further deadlines. Signed by District Judge Kathryn H. Vratil on 1/28/2021. (hw)
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| Filing 116 TRANSCRIPT of Telephone Pretrial Conference held January 15, 2021 before Judge James P. O'Hara, Court Reporter Kim Greiner, 913-735-2314, kim_greiner@ksd.uscourts.gov. Transcript purchased by: Bryan Mouber. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 4/27/2021. (kg) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #113 MOTION to Strike Plaintiffs' Damage Request. The motion will be resolved by the District Judge. (jc) |
| Filing 115 RESPONSE to Plaintiffs' Statement Regarding Plaintiff's Pending Motion to Exclude the Opinions and Testimony of Shelby Thames by Defendants Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
| Filing 114 RESPONSE by Plaintiffs Terry Dice, Denese Dice re 89 Order,,,, Plaintiffs' Response January 12, 2021 Order (Attachments: #1 Exhibit A Denese Dice Daubert Chart, #2 Exhibit B Carbone General Report Prosima, #3 Exhibit C Carbone General Report TVT, #4 Exhibit D Pramudji General Report Prosima, #5 Exhibit E Pramudji General Report TVT, #6 Exhibit F Thames General Report, #7 Exhibit G Grier General Report Prosima, #8 Exhibit H Grier General Report TVT, #9 Exhibit I Carbone Case Specific Report)(Watkins, Diane) |
| Filing 113 MOTION to Strike Plaintiffs' Damage Request by Defendants Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mouber, Bryan) |
| Filing 112 RESPONSE to #102 Statement of Prior Rulings and Issues for Resolution-Motions to Exclude Bruce Rosenzweig, M.D. by Plaintiffs Denese Dice, Terry Dice. (Attachments: #1 Exhibit 1)(Watkins, Diane) |
| Filing 111 RESPONSE by Defendants Johnson & Johnson, Ethicon, Inc. re 89 Order,,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Mouber, Bryan) |
| Filing 110 STATEMENT JOINT Chart of Relevant General Daubert Rulings and Undecided Issues by Defendants Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
| Filing 109 MEMORANDUM IN SUPPORT of #108 MOTION to Exclude Limit the Case Specific Opinions and Testimony of Donald Ostergard MD by Defendants Ethicon, Inc., Johnson & Johnson (Attachments: #1 Ex. A Supplemental Report, #2 Ex. B Pltf Expert Disclosure, #3 Exhibit C TVTO-PA FDA Rejection)(Mouber, Bryan) |
| Filing 108 MOTION to Exclude Limit the Case Specific Opinions and Testimony of Donald Ostergard MD by Defendants Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
| Filing 107 MOTION to Exclude Plaintiffs' Motion and Memorandum in Support to Exclude Certain Opinion Testimony of Joseph Carbone, MD Pursuant to Federal Rule of Evidence 702 and Daubert by Plaintiffs Denese Dice, Terry Dice.(Attachments: #1 Ex A, #2 Ex B, #3 Ex C)(Watkins, Diane) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #107 MOTION to Exclude Plaintiffs' Motion and Memorandum in Support to Exclude Certain Opinion Testimony of Joseph Carbone, MD Pursuant to Federal Rule of Evidence 702 and Daubert. The motion will be resolved by the District Judge.(ss) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #108 MOTION to Exclude Limit the Case Specific Opinions and Testimony of Donald Ostergard MD. The motion will be resolved by the District Judge.(ss) |
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Filing 106
PRETRIAL ORDER ENTERED Jury Trial set for 5/3/2021 at 09:00 AM in KC Courtroom 440 (JWL/KHV) before District Judge Kathryn H. Vratil. Signed by Magistrate Judge James P. O'Hara on 1/20/2021. (ss)
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Filing 105
ORDER finding as moot defendants' motion for partial summary judgment(ECF No. 77), based on the stipulation filed today by the parties (ECF No. 104). Signed by Magistrate Judge James P. O'Hara on 1/19/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (O'Hara, James)
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| Filing 104 STIPULATION OF DISMISSAL Joint Stipulation of Dismissal of Certain Claims and Counts with Prejudice by Denese Dice, Terry Dice. (Watkins, Diane) |
| Filing 103 MINUTE ENTRY for proceedings held before Magistrate Judge James P. O'Hara: FINAL PRETRIAL CONFERENCE held on 1/15/2021.(Court Reporter Kim Greiner.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss) |
| Filing 102 STATEMENT Summary of Prior Rulings and Issues for Resolution - Motions to Exclude Bruce Rosenzweig, M.D. by Defendants Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A)(Mouber, Bryan) |
| Filing 101 STATEMENT Summary of Prior Rulings and Issues for Resolution - Motions to Exclude Scott Guelcher, Ph.D. by Defendants Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A)(Mouber, Bryan) |
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Filing 100
ORDER regarding #77 Motion for Partial Summary Judgment. As discussed during today's pretrial conference, the parties' ongoing discussions concerning narrowing of plaintiffs' claims will have a material impact on their response to defendants' motion, and in turn will have a material impact on the content of the pretrial order. The undersigned set a deadline of 5:00 p.m. on 1/19/21 for the parties to assert any objections or proposed changes with regard to the revised pretrial order that will be circulated later today. Therefore, plaintiffs must file their response to defendants' motion by 12:00 NOON on 1/19/21. Signed by Magistrate Judge James P. O'Hara on 1/15/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (O'Hara, James)
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Filing 99
ORDER - As discussed during today's pretrial conference, the parties agree five previously designated experts won't be called as witnesses at the trial of this case, namely, Paul J. Michaels, Donald R. Ostergard, Peggy Pence, Juan Carlos Felix, and Timothy Ulatowski. Therefore, the previously filed Daubert motions seeking to exclude their testimony at trial are denied as moot. See ECF Nos. 2436, 1996, 2075, 2063, and 2060 in MDL Case No. 12-2327, and ECF Nos. 50, 51, 52, 56, and 58 in this case, respectively). Signed by Magistrate Judge James P. O'Hara on 1/15/21. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
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| Filing 98 STATEMENT Regarding Plaintiffs Pending Motion to Exclude Certain Opinions and Testimony of Douglas Grier, M.D. by Plaintiffs Denese Dice, Terry Dice. (Attachments: #1 Exhibit A)(Watkins, Diane) |
| Filing 97 STATEMENT Plaintiffs Pending Motion to Exclude Certain Opinions and Testimony of Joseph Carbone, M.D. by Plaintiffs Denese Dice, Terry Dice. (Attachments: #1 Exhibit A)(Watkins, Diane) |
| Filing 96 STATEMENT Regarding Plaintiffs Pending Motion to Exclude Certain Opinions and Testimony of Christina Pramudji, M.D. by Plaintiffs Denese Dice, Terry Dice. (Attachments: #1 Exhibit A)(Watkins, Diane) |
| Filing 95 STATEMENT Regarding Plaintiffs Pending Motion to Exclude the Opinions and Testimony of Shelby Thames by Plaintiffs Denese Dice, Terry Dice. (Attachments: #1 Exhibit A, #2 Exhibit B)(Watkins, Diane) |
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Filing 94
ORDER sustaining in part, #91 Joint Motion For Extension Of Time For The Parties To Serve Color-Coded Daubert Tables. The parties are given an extension to January 22, 2021 to file the supplemental materials as stated in 89 Order. Signed by District Judge Kathryn H. Vratil on 1/15/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as)
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Filing 93
ORDER granting #92 Motion to Appear Pro Hac Vice of Tyler Schneider for Denese Dice, Terry Dice pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 1/14/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ca)
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| Filing 92 MOTION for attorney Tyler Schneider to appear pro hac vice (Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5383033.) by Plaintiffs Denese Dice, Terry Dice. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit of Tyler Schneider, #2 ECF Registration Form for Tyler Schneider)(Watkins, Diane) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #91 Joint MOTION for extension of time to Serve Color-Coded Daubert Tables. The motion will be resolved by the District Judge.(ss) |
| Filing 91 Joint MOTION for extension of time to Serve Color-Coded Daubert Tables by Defendants Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Mouber, Bryan) |
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Filing 90
ORDER: The undersigned U.S. Magistrate Judge, James P. O'Hara, and the presiding U.S. District Judge, Kathryn H. Vratil, have reviewed the parties' proposed pretrial order in preparation for the pretrial conference on January 15, 2021. Paragraph 4(b) of the proposed pretrial order, outlining more than 20 defenses, appears to have a significant amount of boilerplate and thus needs to be tightened up and clarified. That is, most of the stated defenses merely assert that plaintiffs won't be able to prove essential elements of their claims, and none of the defenses make clear whether they're affirmative in nature, such that defendants would bear the burden of proof at trial. So, to address these deficiencies, by no later than 2:00 p.m. on January 14, 2021, the parties must confer and then e-mail to the chambers of Judge Vratil and Judge O'Hara a revised version of paragraph 4(b) in Word format, with case citations to controlling authority if the parties disagree about whether any particular defense in affirmative in nature. Signed by Magistrate Judge James P. O'Hara on 1/13/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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Filing 89
ORDER. As to the pending Daubert motions, the parties' briefs would be considerably more helpful to the Court if they correlated more closely with the expert reports and not overall summaries and characterizations of the putative opinions. Therefore, no later than 5 PM on January 15, 2021, the proponent of each Daubert motion shall file a PDF copy of each expert opinion which is at issue. The party shall assign a color code to each Daubert challenge (i.e. Dr. Klinge's opinion that Prolene Soft is defective because it is subject to particle loss and fraying is not reliable). Within each expert report, the party shall highlight in that same color the specific opinions which the party wishes to exclude. With this PDF, the party shall also file a simple chart which (1) quotes or summarizes the language of the opinion in question and (2) states the page in the expert report on which the opinion is found. Signed by District Judge Kathryn H. Vratil on 1/12/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(as)
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Filing 88
ORDER granting #85 Motion to Appear Pro Hac Vice of Kimberly Gustafson Bueno for Ethicon, Inc. and Johnson & Johnson pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 1/6/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 87
ORDER granting #83 Motion to Appear Pro Hac Vice of Philip J. Combs for Ethicon, Inc. and Johnson & Johnson pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 1/6/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 86 ELECTRONIC FILING REGISTRATION FORM of Kim Bueno re motion for leave to appear pro hac vice #85 by Defendants Ethicon, Inc., Johnson & Johnson(Mouber, Bryan) |
| Filing 85 MOTION for attorney Kim Bueno to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5374681.) by Defendants Ethicon, Inc., Johnson & Johnson (referred to Magistrate Judge James P. O'Hara) (Mouber, Bryan) |
| Filing 84 ELECTRONIC FILING REGISTRATION FORM of Phillip J Combs re motion for leave to appear pro hac vice #83 by Defendants Ethicon, Inc., Johnson & Johnson(Mouber, Bryan) |
| Filing 83 MOTION for attorney Phillip J Combs to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5374664.) by Defendants Ethicon, Inc., Johnson & Johnson (referred to Magistrate Judge James P. O'Hara) (Mouber, Bryan) |
| Filing 82 DOCKET ANNOTATION: Redacted Version of #80 Amended Plaintiff Profile Form has been added to the docket entry and this annotation for noticing purposes only. (lb) |
| Filing 81 AMENDED DOCUMENT by Denese Dice, Terry Dice. Second Amended Plaintiff Fact Sheet. (Watkins, Diane) |
| Filing 80 AMENDED DOCUMENT by Denese Dice, Terry Dice. Amended Plaintiff Profile Form. (Watkins, Diane) (Additional attachment(s) added on 1/4/2021: #1 Redacted Main Document) (lb). Modified on 1/4/2021 to block original from public view, contained personal information (lb). |
| Filing 79 NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Final Pretrial Conference set for 1/15/2021 at 09:00 AM by Telephone before Magistrate Judge James P. O'Hara. A proposed pretrial order is due to chambers by 1/8/2021. Counsel are directed to dial the conference-center line 888-363-4749, using access code 8914911 to join the conference.(ss) |
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Filing 78
ORDER granting #73 Motion to Appear Pro Hac Vice of Jacob W. Plattenberger for Denese Dice and Terry Dice pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 12/29/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 77 MOTION for Partial Summary Judgment by Defendants Ethicon, Inc., Johnson & Johnson (Docket entry 33 refiled for Administrative purposes per KHV chambers) (Attachments: #1 Exhibit A-B)(hw) |
| Filing 76 NOTICE of TRIAL SETTING. THIS IS AN OFFICIAL NOTICE. Jury Trial set for 5/3/2021 at 09:00 AM in KC Courtroom (Unknown) before District Judge Kathryn H. Vratil. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) |
| Filing 75 MINUTE ENTRY for proceedings held before District Judge Kathryn H. Vratil: STATUS CONFERENCE held on 12/28/2020. See Minute Sheet for details. (Court Reporter Nancy Wiss.) (as) |
| Filing 74 DOCKET ANNOTATION: A corrected document of #73 MOTION for attorney Jacob Plattenberger to appear pro hac vice has been added to the entry and this annotation for noticing purposes only. (gw) |
| Filing 73 MOTION for attorney Jacob Plattenberger to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5364337.) by Plaintiffs Denese Dice, Terry Dice (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit of Jacob Plattenberger, #2 ECF Registration Form for Jacob Plattenberger)(Watkins, Diane) (Additional attachment(s) added on 12/28/2020: #3 Corrected Motion) (gw). |
| Filing 72 RESPONSE re #63 Order to Show Cause, by Defendants Johnson & Johnson, Ethicon, Inc. (Attachments: #1 Ex 1)(Mouber, Bryan) |
| Filing 71 RESPONSE re #63 Order to Show Cause, by Plaintiffs Terry Dice, Denese Dice(Watkins, Diane) |
| Filing 70 ENTRY OF APPEARANCE by Diane Watkins on behalf of Denese Dice, Terry Dice (Watkins, Diane) |
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Filing 69
ORDER granting #68 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 James P. O'Hara on 12/18/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 68 MOTION for attorney Matthew P. Smith to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5357255.) by Defendants Ethicon, Inc., Johnson & Johnson (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Exhibit, #2 Exhibit)(Mouber, Bryan) |
| Filing 67 NOTICE of Hearing. THIS IS AN OFFICIAL NOTICE FOR THIS HEARING. Status Conference set for 12/28/2020 at 10:00 AM in Telephone KHV - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 1654737 before District Judge Kathryn H. Vratil. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (as) |
| Filing 66 DESIGNATION OF PLACE OF TRIAL filed by Defendants Ethicon, Inc., Johnson & Johnson - trial to be held in Kansas City. (Mouber, Bryan) |
| Filing 65 ENTRY OF APPEARANCE by Haley Ann Stevenson on behalf of Ethicon, Inc., Johnson & Johnson. (Stevenson, Haley) |
| Filing 64 ENTRY OF APPEARANCE by Bryan E. Mouber on behalf of Ethicon, Inc., Johnson & Johnson. (Mouber, Bryan) |
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Filing 63
ORDER TO SHOW CAUSE. See Order for details. Parties to show cause in writing by 5:00 PM on December 23, 2020. Signed by District Judge Kathryn H. Vratil on 12/17/2020. (Attachments: #1 Example Order for Remote Trial, #2 Virtual Handbook for Attorneys, #3 Virtual Juror Reference Guide, #4 Virtual Trial Handbook for Staff)(as)
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Filing 62
ORDER granting #61 Motion to Appear Pro Hac Vice of Steven D. Davis for Denese Dice and Terry Dice pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge James P. O'Hara on 12/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 61 MOTION for attorney Steven D. Davis to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5344703.) by Plaintiffs Denese Dice, Terry Dice (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 Affidavit in Support for Leave to Appear Pro Hac Vice, #2 ECF Registration Form)(Watkins, Diane) |
| Filing 60 Letter from the clerk to counsel regarding pro hac vice requirements. (hw) |
| Filing 59 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:13-cv-03184. Electronic file certified copy of transfer order and docket sheet received. (hw) |
| Filing 58 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2649) Memorandum Opinion and Order - Daubert Motion re Timothy Ulatowski, #6 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #8 Exhibit MDL ECF (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #9 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 57 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2723) Memorandum Opinion and Order - Daubert Motion re Shelby Thames, #13 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8071) - Pls' Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8791) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #21 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 56 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2063) Part 1 - Pls' Mot to Exclude Juan Carlos Felix, #2 Exhibit MDL ECF (2063) Part 2 - Pls' Mot to Exclude Juan Carlos Felix, #3 Exhibit MDL ECF (2069) - Pls' Mem in Support of Mot to Exclude Juan Carlos Felix, #4 Exhibit MDL ECF (2184) Part 1 - Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix, #5 Exhibit MDL ECF (2184) Part 2 - Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix, #6 Exhibit MDL ECF (2255) - Pls' Reply in Support of Mot to Exclude Juan Carlos Felix, #7 Exhibit MDL ECF (2695) Memorandum Opinion and Order - Daubert Motion re Juan Carlos Felix, #8 Exhibit MDL ECF (8711) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Juan Carlos Felix, #9 Exhibit MDL ECF (8820) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Juan Carlos Felix)(Robinson, Susan) (Modified on 10/30/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 55 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2022) - Pls' Mot to Exclude Douglas Grier, #2 Exhibit MDL ECF (2024) - Pls' Mem in Support of Mot to Exclude Douglas Grier, #3 Exhibit MDL ECF (2179) - Defs' Resp to Pls' Mot to Exclude Douglas Grier, #4 Exhibit MDL ECF (2703) Memorandum Opinion and Order Daubert Mot re Douglas Grier, #5 Exhibit MDL ECF (2921) - Defs' Resp to Pls' Mot to Exclude Douglas Grier, #6 Exhibit MDL ECF (2982) - Pls' Reply in Support of Mot to Exclude Douglas Grier, #7 Exhibit MDL ECF (8717) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Douglas Grier, #8 Exhibit MDL ECF (8873) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Douglas Grier)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 54 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2035) - Pls' Mot to Exclude Christina Pramudji, #2 Exhibit MDL ECF (2037) - Pls' Mem in Support of Mot to Exclude Christina Pramudji, #3 Exhibit MDL ECF (2153) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #4 Exhibit MDL ECF (2236) - Pls' Reply in Support of Mot to Exclude Christina Pramudji, #5 Exhibit MDL ECF (2530) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #6 Exhibit MDL ECF (2650) Memorandum Opinion and Order - Daubert Motion re Christina Pramudji, #7 Exhibit MDL ECF (8735) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Christina Pramudji, #8 Exhibit MDL ECF (8866) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Christina Pramudji)(Robinson, Susan) (Modified on 10/30/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2025) - Pls' Mot to Exclude Joseph Carbone, #2 Exhibit MDL ECF (2027) - Pls' Memo in Support of Mot to Exclude Joseph Carbone, #3 Exhibit MDL ECF (2180) - Defs' Resp to Pls' Mot to Exclude Joseph Carbone, #4 Exhibit MDL ECF (2662) Memorandum Opinion and Order Daubert Mot re Joseph Carbone, #5 Exhibit MDL ECF (2915) - Defs' Resp to Pls' Mot to Exclude Joseph Carbone, #6 Exhibit MDL ECF (3036) - Pls' Reply in Support of Mot to Exclude Joseph Carbone, #7 Exhibit MDL ECF (8707) - Notice of Adoption of Pls' Mot to Exclude Joseph Carbone, #8 Exhibit MDL ECF (8870) - Notice of Adoption of Def's Resp to Pls' Mot to Exclude Joseph Carbone)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 52 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2664) Memorandum Opinion and Order - Daubert Motion re Peggy Pence, #6 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 10/30/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 51 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (1996) - Defs' Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2683) Memorandum Opinion and Order - Daubert Motion re Donald R. Ostergard, M.D., #6 Exhibit MDL ECF (2814) - Defs' Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2816) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (2950) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (3011) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (8769) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Donald Ostergard, #11 Exhibit MDL ECF (8851) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Donald Ostergard)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2436) Part 1 - Defs' Mot to Exclude Paul Michaels, #2 Exhibit MDL ECF (2436) Part 2 - Defs' Mot to Exclude Paul Michaels, #3 Exhibit MDL ECF (2436) Part 3 - Defs' Mot to Exclude Paul Michaels, #4 Exhibit MDL ECF (2436) Part 4 - Defs' Mot to Exclude Paul Michaels, #5 Exhibit MDL ECF (2436) Part 5 - Defs' Mot to Exclude Paul Michaels, #6 Exhibit MDL ECF (2441) - Defs' Mem in Support of Mot to Exclude Paul Michaels, #7 Exhibit MDL ECF (2555) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #8 Exhibit MDL ECF (2619) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #9 Exhibit MDL ECF (3544) Memorandum Opinion and Order - Daubert Motion re Michaels, #10 Exhibit MDL ECF (3663) Part 1 - Defs' Mot to Exclude Paul Michaels, #11 Exhibit MDL ECF (3663) Part 2 - Defs' Mot to Exclude Paul Michaels, #12 Exhibit MDL ECF (3663) Part 3 - Defs' Mot to Exclude Paul Michaels, #13 Exhibit MDL ECF (3666) - Defs' Mem in Support of Mot to Exclude Paul Michaels, #14 Exhibit MDL ECF (3792) - Pls' Resp to Defs' Mot to Exclude Paul Michaels, #15 Exhibit MDL ECF (3814) - Defs' Reply in Support of Mot to Exclude Paul Michaels, #16 Exhibit MDL ECF (8783) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Paul Michaels, #17 Exhibit MDL ECF (8849) - Notice of Adoption of Pls' Response to Defs' Mot to Exclude Paul Michaels)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (2698) Memorandum Opinion and Order - Daubert Motion re Guelcher, #9 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 1 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4675) Part 2 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (4692) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (8790) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Scott Guelcher, #18 Exhibit MDL ECF (8839) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher)(Robinson, Susan) (Modified on 10/30/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 48 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2668) Memorandum Opinion and Order - Daubert Motion re Bruce Rosenzweig, #9 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 10/30/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 47 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, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) (Modified on 10/30/2020 to add party filers)(mk). [Transferred from West Virginia Southern on 12/1/2020.] |
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Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 11/3/2020 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 11/2/2020 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 10/20/2020. (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 12/1/2020.]
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Filing 45
ORDER The #38 Motion to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order # 337 is GRANTED in part to the extent plaintiffs seek an order striking the experts identified by defendants in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 10/19/2020. (cc: counsel of record; any unrepresented party) (kew) [Transferred from West Virginia Southern on 12/1/2020.]
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| NOTICE OF DOCKET CORRECTION re: #43 Opposition by Ethicon, Inc., Johnson & Johnson to #38 Motion by Denese Dice, Terry Dice to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337. ERROR: Incorrect Exhibits C and D attached. CORRECTION: Exhibits C and D replaced. (ts) [Transferred from West Virginia Southern on 12/1/2020.] |
| NOTICE OF DOCKET CORRECTION re: #44 MEMORANDUM by Denese Dice, Terry Dice. ERROR: Incorrect image of exhibit attached. CORRECTION: Incorrect image removed and replaced. (msa) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 44 MEMORANDUM by Denese Dice, Terry Dice in opposition to #35 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Donald Ostergard, M.D. (Attachments: #1 Exhibit, #2 Exhibit)(Davis, Steven) (Modified on 11/19/2019 to replace incorrect exhibit attached) (msa). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 43 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #38 Motion by Denese Dice, Terry Dice to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) (Modified on 11/20/2019 to replace exhibits C and D) (ts). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 42 OPPOSITION by Denese Dice, Terry Dice to #33 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 41 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #37 DAUBERT MOTION by Denese Dice, Terry Dice to Exclude Certain Opinion Testimony of Joseph Carbone, M.D., Pursuant to Federal Rule of Evidence 702 (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 40 MEMORANDUM by Denese Dice, Terry Dice in support of #38 MOTION by Denese Dice, Terry Dice to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 39 MEMORANDUM by Denese Dice, Terry Dice in support of #37 DAUBERT MOTION by Denese Dice, Terry Dice to Exclude Certain Opinion Testimony of Joseph Carbone, M.D., Pursuant to Federal Rule of Evidence 702 (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 38 MOTION by Denese Dice, Terry Dice to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order #337 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 37 DAUBERT MOTION by Denese Dice, Terry Dice to Exclude Certain Opinion Testimony of Joseph Carbone, M.D., Pursuant to Federal Rule of Evidence 702 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 36 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #35 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Donald Ostergard, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 35 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Donald Ostergard, M.D. (Attachments: #1 Exhibits A - B)(Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 34 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in Support of #33 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 33 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibits A - B)(Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 32 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #30 AMENDED NOTICE TO TAKE TELEPHONIC DEPOSITION by Denese Dice, Terry Dice of Joseph M. Carbone, MD on October 23, 2019 at 7:00 p.m. EDT (Gage, William) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Denese Dice, Terry Dice for Amended Case-Specific Expert Report. (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 30 AMENDED NOTICE TO TAKE TELEPHONIC DEPOSITION by Denese Dice, Terry Dice of Joseph M. Carbone, MD on October 23, 2019 at 7:00 p.m. EDT (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 29 NOTICE OF VIDEOTAPED DEPOSITION by Denese Dice, Terry Dice of Joseph M. Carbone, MD on October 23, 2019 at 7:00pm (EDT) (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 28 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Donald Ostergard on 10/17/19 at 8:00 a.m. MT (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 25 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Donald Ostergard on 10/17/19 at 8:00 a.m. MT (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 24 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Rabiya Suleman on 10/14/19 at 8:30 a.m. CT (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Rabiya Suleman on 9/17/19 at 9:00 a.m. CDT (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Denese & Terry Dice on 9/16/19 at 9:00 a.m. and 1:00 p.m. CDT (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
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Filing 21
ORDER granting #20 JOINT MOTION to Dismiss Ethicon LLC only; claims against Defendants Ethicon, Inc., and Johnson & Johnson will continue to be prosecuted Signed by Judge Joseph R. Goodwin on 8/23/2019. (cc: attys; any unrepresented party) (ts)[Transferred from West Virginia Southern on 12/1/2020.]
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| Filing 20 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Denese Dice, Terry Dice of Dismissal of Ethicon LLC. (Robinson, Susan) (Modified on 8/22/2019 to add party filers)(mk). [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 19 CERTIFICATE OF SERVICE by Denese Dice, Terry Dice for Plaintiff's Designation and Disclosure of General and Case-Specific Expert Witnesses. (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, Terry Dice. (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 16 PLAINTIFF FACT SHEET filed by Denese Dice, Terry Dice. (Davis, Steven) [Transferred from West Virginia Southern on 12/1/2020.] |
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Filing 15
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (ADI) [Transferred from West Virginia Southern on 12/1/2020.]
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Filing 14
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 12/1/2020.]
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Filing 13
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) (ts) (ADI) [Transferred from West Virginia Southern on 12/1/2020.]
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Filing 12
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") (jsa) [Transferred from West Virginia Southern on 12/1/2020.]
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Filing 11
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 8/31/2018; 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. 5247 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 4/12/2018. (cc: attys; any unrepresented party) (brn) (ADI) [Transferred from West Virginia Southern on 12/1/2020.]
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Filing 10
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 12/1/2020.]
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| Filing 9 PLAINTIFF PROFILE FORM filed by Denese Dice, Terry Dice. (Plattenberger, Jacob) [Transferred from West Virginia Southern on 12/1/2020.] |
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Filing 8
ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Jacob W. Plattenberger for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated; granting AMENDED MOTION by Jacob W. Plattenberger, Tor A. Hoerman, Eric Terry for Change of TorHoerman Law LLC Firm Address in MDL 2327 and each individual member case in which it is associated. 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 Jacob W. Plattenberger, Tor A. Hoerman, and Eric Terry are associated. Signed by Judge Joseph R. Goodwin on 7/1/2016. (cc: attys; any unrepresented party) (kll) [Transferred from West Virginia Southern on 12/1/2020.]
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| Filing 7 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 12/1/2020.] |
| Filing 6 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 12/1/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 4 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 12/1/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 39 (SHOW CAUSE ORDER REGARDING DISMISSAL OF ENDO ENTITIES) entered on 02/21/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (jap) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, 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). (gjb) [Transferred from West Virginia Southern on 12/1/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2239080. (Attachment: #1 Civil Cover Sheet) (gjb) [Transferred from West Virginia Southern on 12/1/2020.] |
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