Owens v. Ethicon, Inc. et al
Plaintiff: BARBARA OWENS
Defendant: Ethicon, Inc., Ethicon, LLC and Johnson & Johnson
Case Number: 3:2019cv00080
Filed: November 13, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Gregory F VanTatenhove
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2019 ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review and Scheduling: #1 Complaint, #53 -2 Master Answer. (CBD)
November 13, 2019 Conflict Check run. (CBD)
November 13, 2019 Filing 58 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:13-cv-01206. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered attorneys
November 8, 2019 Filing 57 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 Continued, ECF #5018 - Notice of Adoption of Prior Daubert Reply, #2 Exhibit ECF #53 Continued, ECF #5019 - Notice of Adoption of Prior Daubert Reply, #3 Exhibit ECF #53 Continued, ECF #5020 - Notice of Adoption of Prior Daubert Reply, #4 Exhibit ECF #53 Continued, ECF #5024 - Notice of Adoption of Prior Reply In Support of Motion to Exclude, #5 Exhibit ECF #53 Continued, ECF #5025 - Notice of Adoption of Prior Reply in Support of Daubert Motion to Exclude, #6 Exhibit ECF #53 Continued, ECF #5032 - Notice of Adoption of Prior Daubert Reply, #7 Exhibit ECF #53 Continued, ECF #5034 - Notice of Adoption of Prior Daubert Reply, #8 Exhibit ECF #53 Continued, ECF #74807 - Notice of Adoption of Prior Daubert Motion, #9 Exhibit ECF #53 Continued, ECF #74809 - Notice of Adoption of Prior Daubert Motion)(Gage, William) (Modified on 11/8/2019 to add party filer) (mk). [Transferred from wvsd on 11/13/2019.]
November 8, 2019 Filing 56 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 Continued, ECF #4625 - Reply Brief Supporting Motion to Exclude Opinions, #2 Exhibit ECF #53 Continued, ECF #4635 - Reply Brief in Support of Motion to Exclude Opinions, #3 Exhibit ECF #53 Continued, ECF #4820 - Notice of Adoption of Ethicon_s Motion to Exclude the Opinions, #4 Exhibit ECF #53 Continued, ECF #4833 - Notice of Adoption of Ethicon_s Motion to Exclude the Opinions, #5 Exhibit ECF #53 Continued, ECF #4852 - Notice of Adoption of Prior Daubert Motion, #6 Exhibit ECF #53 Continued, ECF #4856 - Notice of Adoption of Prior Daubert Motion, #7 Exhibit ECF #53 Continued, ECF #4860 - Notice of Adoption of Prior Daubert Motion, #8 Exhibit ECF #53 Continued, ECF #4862 - Notice of Adoption of Prior Daubert Motion to Exclude, #9 Exhibit ECF #53 Continued, ECF #4863 - Notice of Adoption of Prior Motion to Exclude, #10 Exhibit ECF #53 Continued, ECF #4869 - Notice of Adoption of Prior Daubert Motion To Exclude, #11 Exhibit ECF #53 Continued, ECF #4874 - Motion to Exclude Opinions, #12 Exhibit ECF #53 Continued, ECF #4881 - Memorandum in Support of Motion to Exclude, #13 Exhibit ECF #53 Continued, ECF #4899 - Notice of Adoption of Prior Daubert Response, #14 Exhibit ECF #53 Continued, ECF #4902 - Notice of Adoption of Prior Daubert Response, #15 Exhibit ECF #53 Continued, ECF #4904 - Notice of Adoption of Prior Daubert Response, #16 Exhibit ECF #53 Continued, ECF #4909 - Notice of Adoption of Prior Daubert Response, #17 Exhibit ECF #53 Continued, ECF #4910 - Notice of Adoption of Prior Daubert Response, #18 Exhibit ECF #53 Continued, ECF #4915 - Notice of Adoption of Prior Daubert Response, #19 Exhibit ECF #53 Continued, ECF #4923 - Notice of Adoption of Prior Daubert Response, #20 Exhibit ECF #53 Continued, ECF #4941 - Response by Ethicon Women_s Health & Urology, J&J in opposition to (2187) Response, #21 Exhibit ECF #53 Continued, ECF #4966 - Notice of Adoption of Wave 3 Daubert Response, #22 Exhibit ECF #53 Continued, ECF #4969 - Notice of Adoption of Prior Daubert Response, #23 Exhibit ECF #53 Continued, ECF #4973 - Notice of Adoption of Prior Daubert Response, #24 Exhibit ECF #53 Continued, ECF #4982 - Notice of Adoption of Prior Daubert Reply, #25 Exhibit ECF #53 Continued, ECF #4984 - Notice of Adoption of Prior Daubert Reply)(Gage, William) (Modified on 11/8/2019 to add party filer) (mk). [Transferred from wvsd on 11/13/2019.]
November 8, 2019 Filing 55 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 Continued, ECF #3619 Part 1 - Motion to Exclude the Opinions and Testimony, #2 Exhibit ECF #53 Continued, ECF #3619 Part 2 - Motion to Exclude the Opinions and Testimony, #3 Exhibit ECF #53 Continued, ECF #3621 - Memorandum of Law in Support of Motion to Exclude, #4 Exhibit ECF #53 Continued, ECF #3626 Part 1 - Motion To Limit the Testimony, #5 Exhibit ECF #53 Continued, ECF #3626 Part 2 - Motion To Limit the Testimony, #6 Exhibit ECF #53 Continued, ECF #3630 - Memorandum In Support of Motion to Limit Testimony, #7 Exhibit ECF #53 Continued, ECF #3767 Part 1 - Response by Defendants' in Opposition to Motion to Exclude, #8 Exhibit ECF #53 Continued, ECF #3767 - Part 2 - Response by Defendants' in Opposition to Motion to Exclude, #9 Exhibit ECF #53 Continued, ECF #3767 Part 3 - Response by Defendants' in Opposition to Motion to Exclude, #10 Exhibit ECF #53 Continued, ECF #3767 Part 4 - Response by Defendants' in Opposition to Motion to Exclude, #11 Exhibit ECF #53 Continued, ECF #3788 - Memorandum in opposition to Motion to Exclude, #12 Exhibit ECF #53 Continued, ECF #3790 Part 1 - Response in opposition to Motion to Exclude, #13 Exhibit ECF #53 Continued, ECF #3790 Part 2 - Response in opposition to Motion to Exclude, #14 Exhibit ECF #53 Continued, ECF #3790 Part 3 - Response in opposition to Motion to Exclude, #15 Exhibit ECF #53 Continued, ECF #3845 - Reply in Support of Defendants' Motion to Exclude, #16 Exhibit ECF #53 Continued, ECF #3855 - Reply in Support of Motion to Limit the Testimony, #17 Exhibit ECF #53 Continued, ECF #3865 - Reply in Supoort of Motion to Exclude the Opinions & Testimony, #18 Exhibit ECF #53 Continued, ECF #4355 - Motion to Exclude Certain General Opinions, #19 Exhibit ECF #53 Continued, ECF #4361 - Memorandum in Support of Motion to Exclude Opinons, #20 Exhibit ECF #53 Continued, ECF #4364 Part 1 - Motion to Exclude Opinions, #21 Exhibit ECF #53 Continued, ECF #4364 Part 2 - Motion to Exclude Opinions, #22 Exhibit ECF #53 Continued, ECF #4364 Part 3 - Motion to Exclude Opinions, #23 Exhibit ECF #53 Continued, ECF #4367 - Memorandum in Support of Motion to Exclude, #24 Exhibit ECF #53 Continued, ECF #4554 - Response to Motion to Exclude, #25 Exhibit ECF #53 Continued, ECF #4558 - Response In Opposition to Motion to Exclude Opinions)(Gage, William) (Modified on 11/8/2019 to add party filer) (mk). [Transferred from wvsd on 11/13/2019.]
November 8, 2019 Filing 54 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 Continued, ECF #2458 - Memorandum by All Plaintiffs in support of 2455 Motion, #2 Exhibit ECF #53 Continued, ECF #2553 Part 1 - Response in Opposition to Plaintiffs Motion to Exclude, #3 Exhibit ECF #53 Continued, ECF #2553 Part 2 - Response in Opposition to Plaintiffs Motion to Exclude, #4 Exhibit ECF #53 Continued, ECF #2553 Part 3 - Response in Opposition to Plaintiffs Motion to Exclude, #5 Exhibit ECF #53 Continued, ECF #2621 - Reply in support of Motion to Exclude, #6 Exhibit ECF #53 Continued, ECF #2759 - Defendants Motion to Exclude, #7 Exhibit ECF #53 Continued, ECF #2760 - Memorandum in Support of Motion to Exclude, #8 Exhibit ECF #53 Continued, ECF #2815 - Memorandum in Support of Motion to Exclude, #9 Exhibit ECF #53 Continued, ECF #2839 Part 1 - Motion by All Plaintiffs to Exclude, #10 Exhibit ECF #53 Continued, ECF #2839 Part 2 - Motion by All Plaintiffs to Exclude, #11 Exhibit ECF #53 Continued, ECF #2841 - Memorandum in support of Motion by All Plaintiffs to Exclude, #12 Exhibit ECF #53 Continued, ECF #2910 - Notice of Response and Adoption, #13 Exhibit ECF #53 Continued, ECF #2915 - Memorandum in Opposition to Motion to Exclude, #14 Exhibit ECF #53 Continued, ECF #2916 - Def Reply in Opposition to Plf's Motion to Exclude, #15 Exhibit ECF #53 Continued, ECF #2949 - Memorandum by All Plaintiffs in Opposition, #16 Exhibit ECF #53 Continued, ECF #2952 - Memorandum in Opposition to Motion to Exclude, #17 Exhibit ECF #53 Continued, ECF #2957 - Response in Opposition to Motion to Exclude, #18 Exhibit ECF #53 Continued, ECF #2993 - Plfs Reply in Support of Motion to Exclude, #19 Exhibit ECF #53 Continued, ECF #3017 - Reply by Ethicon in Support of Motion to Exclude, #20 Exhibit ECF #53 Continued, ECF #3019 - Reply by Ethicon in Support of Defendants Motion to Exclude, #21 Exhibit ECF #53 Continued, ECF #3029 - Reply by Lyla Abarca and Ethicon in Opposition to Motion to Exclude, #22 Exhibit ECF #53 Continued, ECF #3036 - Reply Memorandum by All Plaintiffs in Support of Motion to Exclude, #23 Exhibit ECF #53 Continued, ECF #3037 - Reply by All Plaintiffs in Support of Motion to Exclude, #24 Exhibit ECF #53 Continued, ECF #3592 - Motion to Exclude Suzanne Parisian, #25 Exhibit ECF #53 Continued, ECF #3594 - Memorandum in Support of Motion to Exclude)(Gage, William) (Modified on 11/8/2019 to add party filer)(mk). [Transferred from wvsd on 11/13/2019.]
November 8, 2019 Filing 53 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 and Judy Demand, #3 Exhibit ECF #241 - Master Answer and Jury Demand, #4 Exhibit ECF #262 - Short Form Complaint, #5 Exhibit ECF #263 - Amended Short Form Complaint, #6 Exhibit ECF #2023 - Motion to Exclude, #7 Exhibit ECF #2025 - Motion by All Plaintiffs to Exclude, #8 Exhibit ECF #2027 - Memorandum in support of Motion to Exclude, #9 Exhibit ECF #2028 - Motion In Support of Motion to Exclude, #10 Exhibit ECF #2033 - Motion by All Plaintiffs to Exclude, #11 Exhibit ECF #2036 - Memorandum by All Plaintiffs in support of 2033 Motion, #12 Exhibit ECF #2039 - Motion by All Plaintiffs to Exclude, #13 Exhibit ECF #2042 - Memorandum by All Plaintiffs in support of 2039 Motion, #14 Exhibit ECF #2060 - Motion by All Plaintiffs to Exclude, #15 Exhibit ECF #2065 - Memorandum by All Plaintiffs in support of 2060 Motion, #16 Exhibit ECF #2134 - Response by Ethicon, #17 Exhibit ECF #2155 Part 1 - Response to Plaintiffs Motion to Exclude, #18 Exhibit ECF #2155 Part 2 - Response to Plaintiffs Motion to Exclude, #19 Exhibit ECF #2180 - Memo in Opposition to Motion to Exclude, #20 Exhibit ECF #2187 - Response in Opposition to Exclude, #21 Exhibit ECF #2223 - Memorandum in Reply to Defendants Opposition, #22 Exhibit ECF #2231 - Reply Memo in Support of Motion to Exclude, #23 Exhibit ECF #2232 - Plaintiffs Reply Brief in Support of Their Daubert Motion to Exclude, #24 Exhibit ECF #2247 - Reply in Support of Plaintiffs Motion to Exclude, #25 Exhibit ECF #2455 Part 1 - Motion by All Plaintiffs to Exclude Opinions, #26 Exhibit ECF #2455 Part 2 - Motion by All Plaintiffs to Exclude Opinions)(Gage, William) (Modified on 11/8/2019 to add party filer)(mk). [Transferred from wvsd on 11/13/2019.]
October 30, 2019 Opinion or Order Filing 52 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 11/13/2019 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 11/12/2019 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 Thomas E. Johnston on 10/30/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from wvsd on 11/13/2019.]
May 3, 2019 Opinion or Order Filing 51 PRETRIAL ORDER # 338 (Adoption of PTO # 329 (Dismissal of Settled and Paid Cases)) To effectively and efficiently streamline procedures and be as consistent as possible throughout MDL 2327 the court ORDERS that PTO No. 329 is ADOPTED for every case in MDL 2327 assigned to Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 5/3/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases assigned to Judge Thomas E. Johnston) (st) [Transferred from wvsd on 11/13/2019.]
April 23, 2019 Filing 50 RESPONSE TO ORDER TO SHOW CAUSE by Barbara Owens (Balefsky, Lee) [Transferred from wvsd on 11/13/2019.]
April 11, 2019 Opinion or Order Filing 49 ORDER The Show Cause Orders entered on 4/10/2019 in the case on Exhibit A are VACATED; the cases on the attached Exhibit A are assigned to Chief Judge Johnston. Signed by Judge Joseph R. Goodwin on 4/11/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 11/13/2019.]
April 10, 2019 Opinion or Order Filing 48 VACATED PURSUANT TO THE #48 ORDER ENTERED ON 4/11/2019: 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) (Modified on 4/11/2019 to note order has been vacated) (kew). [Transferred from wvsd on 11/13/2019.]
March 27, 2019 Opinion or Order Filing 47 ORDER The #46 Order entered on 3/26/2019 is VACATED. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: counsel of record; any unrepresented party) (REF: cases identified on Exhibit A) (st) [Transferred from wvsd on 11/13/2019.]
March 26, 2019 Opinion or Order Filing 46 VACATED PURSUANT TO THE #47 ORDER ENTERED ON 3/27/2019: 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) (mwk) (ADI) (Modified on 3/28/2019 to note order has been vacated) (kew). [Transferred from wvsd on 11/13/2019.]
October 4, 2018 Opinion or Order Filing 45 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 Thomas E. Johnston on 5/25/2018. (cc: counsel of record; any unrepresented party) (mwk) (ADI) [Transferred from wvsd on 11/13/2019.]
August 21, 2018 Opinion or Order Filing 44 ORDER directing as follows: 1) The deadline to submit joint motions of dismissal is now extended to 10/31/2018, for all cases in MDL 2327 currently on an inactive docket; 2) For all cases on an inactive docket and all cases to be put on an inactive docket, the parties may submit an agreed order of dismissal with prejudice on or before 10/31/2018; if settlements are not finalized and dismissal orders are not submitted by 10/31/2018, then the court may have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket, or dismiss the cases without prejudice; and 3) All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Thomas E. Johnston on 8/21/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member cases assigned to Chief Judge Johnston that is on an inactive docket) (pma) [Transferred from wvsd on 11/13/2019.]
August 6, 2018 Opinion or Order Filing 43 ORDER The #42 Order Adopting Memorandum Opinion and Order (Daubert ruling re: Peggy Pence, Ph.D.) is VACATED for this civil action only. Signed by Judge Joseph R. Goodwin on 8/6/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 11/13/2019.]
August 2, 2018 Opinion or Order Filing 42 VACATED PURSUANT TO THE #43 ORDER ENTERED 8/6/2018: ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Peggy Pence, Ph. D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Peggy Pence, Ph. D.) filed at ECF No. 2664 in MDL 2327 on 8/25/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 8/1/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 6 cases identified in the Exhibit attached hereto) (brn) (Modified on 8/6/2018 to note order is vacated) (kp). [Transferred from wvsd on 11/13/2019.]
May 7, 2018 Filing 41 ASSIGNMENT ORDER from the Judicial Panel on Multidistrict Litigation: The Honorable Thomas E. Johnston is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair for the Panel, on 5/7/2018. (cc: attys) (REF: MDL 2327; Cases Listed on Attachment) (ts) [Transferred from wvsd on 11/13/2019.]
October 30, 2017 Filing 40 OPPOSITION by Barbara Owens to #37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Nicholas Fogelson, M.D. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Balefsky, Lee) (Modified on 10/31/2017 to remove link to #38 memorandum) (kp). [Transferred from wvsd on 11/13/2019.]
October 24, 2017 Filing 39 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT by Ethicon, Inc., Johnson & Johnson, Barbara Owens (Pope, Susan) (Modified on 10/24/2017 remove link to # 35 motion and to add party filer) (mek).[Transferred from wvsd on 11/13/2019.]
October 23, 2017 Filing 38 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Nicholas Fogelson, M.D. (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
October 23, 2017 Filing 37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Nicholas Fogelson, M.D. (Attachments: #1 Exhibit A - Expert Disclosures, #2 Exhibit B - Fogelson IME Report, #3 Exhibit C - PFS, #4 Exhibit D - Baptist OB/GYN records, #5 Exhibit E - Dr. Kotheimer dep excerpts)(Pope, Susan) [Transferred from wvsd on 11/13/2019.]
October 16, 2017 Filing 36 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #35 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
October 16, 2017 Filing 35 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - Plaintiff Fact Sheet, #2 Exhibit B - Baptist Health record, #3 Exhibit C - Deposition Excerpts B. Owens)(Pope, Susan) [Transferred from wvsd on 11/13/2019.]
September 27, 2017 Opinion or Order Filing 34 PRETRIAL ORDER # 271 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). All such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID and undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiffs friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule, for good cause shown will be considered. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Robert C. Chambers on 9/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327 and Wave 1, 2, 3, 4, 5, 6, and 7 Cases Assigned to Judge Chambers) (st) [Transferred from wvsd on 11/13/2019.]
September 8, 2017 Filing 33 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Responses to Interrogatories, Requests for Production and Requests for Admissions. (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
September 7, 2017 Filing 32 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF ETHICON'S SALES REPRESENTATIVES by Ethicon, Inc., Johnson & Johnson, Barbara Owens (Pope, Susan) (Modified on 9/8/2017 to add party filer) (mek). [Transferred from wvsd on 11/13/2019.]
September 7, 2017 Filing 31 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF SPECIFIC CAUSATION EXPERTS by Ethicon, Inc., Johnson & Johnson, Barbara Owens (Pope, Susan) (Modified on 9/8/2017 to add party filer) (mek). [Transferred from wvsd on 11/13/2019.]
September 5, 2017 Filing 30 NOTICE OF APPEARANCE by James J. Waldenberger on behalf of Barbara Owens. (Waldenberger, James) [Transferred from wvsd on 11/13/2019.]
September 5, 2017 Filing 29 AMENDED PLAINTIFF FACT SHEET filed by Barbara Owens. (Waldenberger, James) [Transferred from wvsd on 11/13/2019.]
August 30, 2017 Filing 28 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 (Jones, Christy) [Transferred from wvsd on 11/13/2019.]
August 21, 2017 Filing 27 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Anita Kotheimer, MD on 09/08/2017 at 9:00 am (Attachments: #1 Subpoena to Dr. Kotheimer, #2 PTO 38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.]
August 4, 2017 Opinion or Order Filing 26 AGREED ORDER DISMISSING ETHICON, LLC It is ORDERED that Ethicon, LLC is dismissed without prejudice. Signed by Judge Robert C. Chambers on 8/4/2017. (cc: counsel of record; any unrepresented party) (mks) [Transferred from wvsd on 11/13/2019.]
August 2, 2017 Filing 25 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, First Set of Requests for Production, and First Set of Requests for Admission. (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
July 27, 2017 Filing 24 CERTIFICATE OF SERVICE by Barbara Owens for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from wvsd on 11/13/2019.]
July 19, 2017 Filing 23 PROPOSED ORDER Agreed Order Dismissing Ethicon, LLC by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Barbara Owens (Pope, Susan) (Modified on 7/20/2017 to add party filer) (kp). [Transferred from wvsd on 11/13/2019.]
July 19, 2017 Filing 22 NOTICE of Independent Medical Examination of Plaintiff Barbara Owens by Ethicon, Inc., Johnson & Johnson (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
July 10, 2017 Filing 21 ASSIGNMENT ORDER the Southern District of West Virginia has notified the Panel of the need to assign another judge from within that district to preside over certain cases in which the original transferee judge, the Honorable Joseph R. Goodwin, is recused. IT IS THEREFORE ORDERED that, with the consent of that court, the Honorable Robert C. Chambers is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair of the Panel. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 11/13/2019.]
June 28, 2017 Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Barbara Owens on 07/07/2017 at 8:30 am (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
June 28, 2017 Opinion or Order Filing 19 ORDER (RE: FEE COMMITTEE PROTOCOL) Pursuant to Section C of the "Order Establishing Criteria for Applications to MDL Fund To Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit and Appointment of Common Benefit Fee and Cost Committee" (PTO # 211), the Common Benefit Fee and Cost Committee outlines the process for review of common benefit time submitted and the process for application for fees and expenses as set forth herein. Signed by Judge Robert C. Chambers on 6/28/2017. (Attachment: #1 Exhibits 1-4) (cc: counsel of record; any unrepresented party) (hkl) [Transferred from wvsd on 11/13/2019.]
June 16, 2017 Filing 18 PLAINTIFF PROFILE FORM filed by Barbara Owens. (Gomez, Christopher) [Transferred from wvsd on 11/13/2019.]
June 16, 2017 Filing 17 PLAINTIFF FACT SHEET filed by Barbara Owens. (Gomez, Christopher) [Transferred from wvsd on 11/13/2019.]
May 4, 2017 Opinion or Order Filing 16 ORDER reassigning the civil actions listed on Exhibit A from the docket of Judge Joseph R. Goodwin to the docket of the Chief Judge Robert C. Chambers for all further proceedings. The Clerk is directed to file this order in the individual cases listed on Exhibit A and to file a copy of this order on the docket for the main MDL 2327. Signed by Clerk of Court Teresa L. Deppner on 5/4/2017. (cc: Judge Goodwin, Chief Judge Chambers, counsel of record, and to any unrepresented parties) (REF: MDL 2327; Cases listed on Exhibit A) (klc) [Transferred from wvsd on 11/13/2019.]
May 3, 2017 Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 11/13/2019.]
April 27, 2017 Opinion or Order Filing 14 PRETRIAL ORDER # 251 (Docket Control Order - Wave 6 Cases) The parties recently submitted a joint list of 400 of the oldest cases in the Ethicon MDL not already in a wave that name only Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson or allege claims against only the Ethicon defendants' products. These cases, attached hereto as Exhibit A, will be known as the "Ethicon Wave 6 cases," and it is ORDERED as follows: Scheduling Deadlines. The following deadlines shall apply in the Ethicon Wave 6 cases: Plaintiff Fact Sheets due by 5/25/2017, Defendant Fact Sheets due by 6/26/2017, Deadline for written discovery requests due by 8/11/2017, Expert disclosure by plaintiffs due by 7/27/2017, Expert disclosure by defendants due by 8/28/2017, Expert disclosure for rebuttal purposes due by 9/11/2017, Deposition deadline and close of discovery due by 9/25/2017, Filing of Dispositive Motions due by 10/16/2017, Response to Dispositive Motions due by 10/30/2017, Reply to response to dispositive motions due by 11/06/2017, Filing of Daubert motions due by 10/23/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/13/2017. 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: A consolidated motion to seal is due on or before 8/21/2017, any response is due 9/05/2017 and any reply is due 9/12/2017. Venue Recommendations. By no later than 8/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/11/2017. Signed by Judge Joseph R. Goodwin on 4/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 cases listed on Exhibit A) (rec) [Transferred from wvsd on 11/13/2019.]
April 27, 2017 Filing 13 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Anita Kotheimer on July 14, 2017 at 9:00 a.m. (Combs, Philip) [Transferred from wvsd on 11/13/2019.]
April 21, 2017 Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 11/13/2019.]
April 20, 2017 Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 11/13/2019.]
May 5, 2014 Opinion or Order Filing 10 ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from wvsd on 11/13/2019.]
June 26, 2013 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 11/13/2019.]
June 24, 2013 Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 11/13/2019.]
June 4, 2013 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 wvsd on 11/13/2019.]
May 30, 2013 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 wvsd on 11/13/2019.]
March 13, 2013 Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 2/4/2013, answer due 2/25/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from wvsd on 11/13/2019.]
February 9, 2013 Filing 4 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 wvsd on 11/13/2019.]
January 24, 2013 Filing 3 TRANSMITTED PRETRIAL ORDER # 37 (Revised Verifications and Authorizations attached to Plaintiff Profile Form) entered on 01/24/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Verifications and Authorizations) (jap) [Transferred from wvsd on 11/13/2019.]
January 24, 2013 Filing 2 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). (gjb) [Transferred from wvsd on 11/13/2019.]
January 21, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2184653. (Attachment: #1 Civil Cover Sheet) (gjb) [Transferred from wvsd on 11/13/2019.]

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Search for this case: Owens v. Ethicon, Inc. et al
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Defendant: Ethicon, Inc.
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Philip J. Combs
Represented By: Kari L. Sutherland
Represented By: Christy D. Jones
Represented By: Laura H. Dixon
Represented By: Susan J. Pope
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Defendant: Ethicon, LLC
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Susan J. Pope
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Defendant: Johnson & Johnson
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Philip J. Combs
Represented By: Kari L. Sutherland
Represented By: Christy D. Jones
Represented By: Laura H. Dixon
Represented By: Susan J. Pope
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Plaintiff: BARBARA OWENS
Represented By: Lee B. Balefsky
Represented By: Michelle L. Tiger
Represented By: Christopher A. Gomez
Represented By: James J. Waldenberger
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