Cutter et al v. Ethicon, Inc. et al
| Larry Cutter, Jenesta Cutter and Larry A. Cutter |
| Ethicon Women's Health and Urology, Gynecare, Ethicon, LLC, Johnson & Johnson and Ethicon, Inc. |
| 5:2019cv00443 |
| November 7, 2019 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Danny C Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2021. A more recent docket listing may be available from PACER.
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Filing 147
Mail Returned as Undeliverable. Mail sent to Geoffrey T. Moore re #129 Scheduling Order. (Clerk forwarded Order to P.O. Box 2209, Winter Park, Fl 37290 re Clerk's Note entered 12/17/2019) (KM)
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***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #146 Status Report (KJR)
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Filing 146
JOINT STATUS REPORT , SUPPLEMENTAL by Ethicon, Inc., Johnson & Johnson, Gynecare, Larry A. Cutter, Jenesta Cutter. (Pope, Susan) Modified text on 12/23/2019 (KJR).
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Clerk's Note re #130 Mail Returned, #139 Mail Returned re Geoffrey T. Moore. Clerk remailed documents returned (DE #118 , #120 , #125 ) to Attorney Moore at P.O. Box 2209, Winter Park, FL 32790-2209. Address confirmed via telephone call to Maher Law Firm. Attorney to update address in writing. (KM)
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Filing 145
ORDER: It is ORDERED that Plaintiff's #143 Amended Motion for Attorney Jeffrey M. Kuntz to appear pro hac vice is GRANTED. Signed by Judge Danny C. Reeves on 12/16/2019. (KM)cc: COR, ECF Registration Form to Jeffrey Kuntz via U.S. mail
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #144 Status Report (KM)
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Filing 144
JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson, Larry Cutter, Jenesta. (Attachments: #1 Exhibit A - Doc 2666 MDL Order on Daubert Motion re Daniel Elliott, M.D, #2 Exhibit B - Doc 2710 MDL Order on Daubert Motion re Vladimir Iakovlev, M.D., #3 Exhibit C - Doc 2642 MDL Order on Daubert Motion re Prof. Dr. Med. Uwe Klinge, #4 Exhibit D - Doc 2664 MDL Order on Daubert Motion re Peggy Pence, Ph.D., #5 Exhibit E -Doc 2727 MDL Order on Daubert Motion re Michael Karram, M.D., #6 Exhibit F - Doc 2670 MDL Order on Daubert Motion re Stephen Factor, M.D., #7 Exhibit G - Doc 2649 MDL Order on Daubert Motion re Timothy Ulatowski)(Pope, Susan) Modified to add filers on 12/16/2019 (KM).
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Filing 143
AMENDED MOTION for Jeffrey M. Kuntz to apepar pro hac vice by Jenesta Cutter, Larry A. Cutter, Larry Cutter (Attachments: #1 Affidavit of Jeffrey M. Kuntz, #2 Exhibit Cert of Good Standing - Jeffrey M. Kuntz, #3 Proposed Order)(Adams, Charles) Modified text on 12/16/2019 (KM).
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Filing 142
ORDER: ORDERED that Plas #141 Amended Motion for attorney Daryl J. Douglas to appear pro hac vice is GRANTED. Signed by Judge Danny C. Reeves on 12/13/2019. (MDC) cc: COR; Daryl J. Douglas via US Mail ( Order + ECF Registration Form)
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Filing 141
Amended Motion for Pro Hac Vice Admission of Daryl J. Douglas by Jenesta Cutter, Larry A. Cutter, Larry Cutter (Attachments: #1 Affidavit of Daryl J. Douglas - Mot Pro Hac Vice, #2 Exhibit Cert of Good Standing - Daryl J. Douglas, #3 Proposed Order)(Adams, Charles) Modified text on 12/12/2019 (KM).
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #141 Amended Motion for Pro Hac Vice Admission of Daryl J. Douglas by Jenesta Cutter, Larry A. Cutter, Larry Cutter Pro Hac Vice - Daryl J. Douglas (KM)
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Filing 140
ORDER: It is ORDERED that Kari L. Sutherland, William M. Gage and Susan M. Robinson's [Record No. [135, #136 , #137 ] MOTIONS to Withdraw as Attorney for Defendants Ethicon, Inc., Johnson & Johnson filed are GRANTED. Signed by Judge Danny C. Reeves on 12/10/2019.(KM)cc: COR, Attorneys Sutherland, Robinson, Gage via U.S. mail
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Filing 139
Mail Returned as Undeliverable. Mail sent to Geoffrey T. Moore re #125 Order. (KM) Modified on 12/17/2019 (KM).
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Filing 138
NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: The Clerk docketed a motion with one exhibit and a proposed order. The incorrect exhibit was attached to the docket entry by docket clerk re #136 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson; Correct document attached to this entry. cc: COR (Attachments: #1 Consent to Withdrawal of Counsel of Record, #2 Proposed Order)(KM)
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #136 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson, #135 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson, #137 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (KM)
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Filing 137
MOTION for Susan Robinson to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(KM)
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Filing 136
MOTION for Kari L. Sutherland to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(KM) Modified text on 12/10/2019 (KM). (Attachment 1 replaced on 12/10/2019) (STC).
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Filing 135
MOTION for William Gage to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(KM) Modified text on 12/10/2019 (KM).
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Filing 134
Mail Returned as Undeliverable. Mail sent to Philip Combs re #121 Notice to Attorney (KM)
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Filing 133
ORDER: The Plaintiff's motions for attorney's Daryl J. Douglas and Jeffrey M. Kuntz to appear pro hac vice [Record No. #131 , #132 ] are DENIED. Signed by Judge Danny C. Reeves on 12/5/2019.(KM)cc: COR, Attorneys Douglas & Kunts via U.S. mail
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Filing 132
MOTION for Jeffrey M. Kuntz to Appear Pro Hac Vice by Jenesta Cutter, Larry A. Cutter, Larry Cutter ( Filing fee $125; receipt number 0643-4537090) (Attachments: #1 Affidavit Support of Motion Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Adams, Charles)
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Filing 131
MOTION for Daryl J. Douglas to Appear Pro Hac Vice by Jenesta Cutter, Larry A. Cutter, Larry Cutter ( Filing fee $125; receipt number 0643-4537084) (Attachments: #1 Affidavit Support of Motion Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Adams, Charles)
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BAR STATUS Check completed as to Daryl J. Douglas, Jeffrey M. Kuntz re #132 MOTION for Jeffrey M. Kuntz to Appear Pro Hac Vice by Jenesta Cutter, Larry A. Cutter, Larry Cutter (Filing fee $125; receipt number 0643-4537090), #131 MOTION for Daryl J. Douglas to Appear Pro Hac Vice by Jenesta Cutter, Larry A. Cutter, Larry Cutter (Filing fee $125; receipt number 0643-4537084). (KM)
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Filing 130
Mail Returned as Undeliverable. Mail sent to Geoffrey T. Moore re #118 Order & #120 Notice to Attorney (KM)
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Filing 129
SCHEDULING ORDER: 1. The following schedule is adopted for disposition of this case: (a). By 6/19/2020, counsel shall file, submit to chambers, & provide to opposing counsel, the following: (i) Witness lists, (ii) exhibit lists, (iii) pretrial memorandum; (b) By 6/19/2020, counsel shall file Agreed Proposed Jury Instructions; (c) By 6/19/2020, counsel shall pre-mark & number all exhibits & provide copies to opposing counsel; (d) By 6/26/2020, counsel shall file any objections to the use of depositions or to the admissibility of exhibits; (e) Pretrial filings may be submitted to chambers via email; (f) NLT 7/2/2020 parties shall submit to chambers a copy of each exhibit; (g) JURY TRIAL set for 7/14/2020 at 09:00 AM in LEXINGTON before Judge Danny C. Reeves, counsel to be present at 8:30 a.m.; 2. The parties are DIRECTED to comply with Court's prior Order #125 & jointly submit a projection of the trial's expected length NLT 12/13/2019; 3. The parties are DIRECTED to jointly submit a list of all outstanding Dauber Motions with citation to their MDL docket entries NLT 12/13/2019; 4. Parties may supplement briefs regarding any outstanding Daubert motion issues on which the MDL reserved ruling NLT 1/10/2020. Signed by Judge Danny C. Reeves on 12/2/2019.(KM)cc: D, JC, COR, Attys Moore, Robinson, Gage, Sutherland via U.S. mail
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***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #128 Status Report (KM)
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Filing 128
JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson, Jenesta Cutter, Larry Cutter. (Pope, Susan) Modified to add filers on 11/27/2019 (KM).
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Filing 127
ORDER: It is ORDERED that Philip J. Combs' #126 MOTION to Withdraw as counsel of record for defendants Ethicon, Inc., Johnson & Johnson is GRANTED. Signed by Judge Danny C. Reeves on 11/19/2019.(KM)cc: COR, Attys Moore, Sutherland, Robinson, Gage via U.S. mail
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***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #126 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (KM)
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NOTICE OF MANDATORY ECF DIRECTED TO Philip J. Combs: Court records indicate you are a registered ECF Filing User and filed a paper document, which is in violation of the Federal Rules of Civil Procedure. The document has been filed and entered on the docket. The referenced document is: #126 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. Failure to comply may result in this matter being submitted to the Chief Judge. cc: COR, Philip J. Combs by US Mail (KM)
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Filing 126
MOTION to Withdraw Philip J. Combs as Counsel by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(KM)
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Filing 125
ORDER: It is ORDERED that the parties file a joint status report regarding the procedural posture of the this case NLT 11/27/2019. Every reference in this report to a document filed while the case was part of the MDL should contain a citation to the relevant MDL docket number. The status report should specifically address" 1. Status of any outstanding Daubert motions; 2. The status of the 2016 Motion for Summary Judgment #76 ; 3. The status of any outstanding motions relating to this specific case; 4. A proposed trial date; 5. Estimated length of trial. Signed by Judge Danny C. Reeves on 11/13/2019.(KM)cc: COR, Attys Moore, Sutherland, Robinson, Gage via U.S. mail
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Filing 124
NOTICE TO ATTORNEY William M. Gage by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Admission Check)(KM)
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Filing 123
NOTICE TO ATTORNEY Kari L. Sutherland by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Admission Check)(KM)
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Filing 122
NOTICE TO ATTORNEY Susan M. Robinson by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Admission Check)(KM)
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Filing 121
NOTICE TO ATTORNEY Philip J. Combs by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Admission Check)(KM)
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Filing 120
NOTICE TO ATTORNEY Geoffrey T. Moore by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Admission Check)(KM)
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Filing 118
ORDER: IT IS ORDERED that this matter is reassigned to Judge Danny C. Reeves for all further proceedings. Signed by Judge David L. Bunning on 11/13-2019.(KM)cc: COR, Attys Moore, Jones, Robinson, Sutherland, Gage via U.S. mail
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Conflict Check run. (KM)
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Filing 116
CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:12-cv-01790. Original file, certified copy of transfer order and docket sheet received. cc: COR w/ docket sheet
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Filing 115
CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the actions on this conditional remand order to their respective transferor courts; the coordinated or consolidated pretrial proceedings in these civil actions have been completed and that remand to the transferor courts, as provided in 28 U.S.C. 1407(a), is appropriate; these actions are remanded to the transferor courts. Signed by John W. Nichols, Clerk of the Panel on 11/4/2019. (cc: attys) (kew) [Transferred from wvsd on 11/7/2019.]
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Filing 114
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #110 Continued, ECF #2462 - Notice of Adoption, #2 Exhibit ECF #110 Continued, ECF #2471 - Motion in Support of Motion to Exclude, #3 Exhibit ECF #110 Continued, ECF #2496 - Notice of Adoption of Prior Daubert Response, #4 Exhibit ECF #110 Continued, ECF #2497 - Notice of Adoption of Prior Daubert Response, #5 Exhibit ECF #110 Continued, ECF #2501 - Notice of Adoption of Prior Daubert Response, #6 Exhibit ECF #110 Continued, ECF #2502 - Notice of Adoption of Prior Daubert Response, #7 Exhibit ECF #110 Continued, ECF #2504 - Notice of Adoption of Prior Daubert Response, #8 Exhibit ECF #110 Continued, ECF #2509 - Notice of Adoption of Prior Daubert Response, #9 Exhibit ECF #110 Continued, ECF #2523 - Notice of Adoption of Prior Daubert Response, #10 Exhibit ECF #110 Continued, ECF #2524 - Response in Opposition to Motion to Exclude, #11 Exhibit ECF #110 Continued, ECF #2528 - Notice of Adoption of Prior Daubert Response, #12 Exhibit ECF #110 Continued, ECF #2553 Part 1 - Response in Opposition to Plaintiffs Motion to Exclude, #13 Exhibit ECF #110 Continued, ECF #2553 Part 2 - Response in Opposition to Plaintiffs Motion to Exclude, #14 Exhibit ECF #110 Continued, ECF #2553 Part 3 - Response in Opposition to Plaintiffs Motion to Exclude, #15 Exhibit ECF #110 Continued, ECF #2583 - Notice of Adoption of Prior Daubert Reply, #16 Exhibit ECF #110 Continued, ECF #2589 - Notice of Adoption of Prior Daubert Reply, #17 Exhibit ECF #110 Continued, ECF #2596 - Notice of Adoption of Reply in Support of Motion to Exclude, #18 Exhibit ECF #110 Continued, ECF #2598 - Notice of Adoption of Prior Daubert Reply, #19 Exhibit ECF #110 Continued, ECF #2608 - Notice of Adoption of Prior Daubert Reply, #20 Exhibit ECF #110 Continued, ECF #2615 - Notice of Adoption of Prior Daubert Reply, #21 Exhibit ECF #110 Continued, ECF #2620 - Reply Motion in Support to Motion to Exclude, #22 Exhibit ECF #110 Continued, ECF #2621 - Reply in support of Motion to Exclude, #23 Exhibit ECF #110 Continued, ECF #2622 - Notice of Adoption of Prior Reply in Support of Daubert Motion, #24 Exhibit ECF #110 Continued, ECF #2623 - Notice of Adoption of Prior Reply in Support of Daubert Motion)(Gage, William) [Transferred from wvsd on 11/7/2019.]
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Filing 113
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 ECF #110 Continued, ECF #2188 Part 1 - Response in Opposition, #2 ECF #110 Continued, ECF #2188 Part 2 - Response in Opposition, #3 ECF #110 Continued, ECF #2188 Part 3 - Response in Opposition, #4 ECF #110 Continued, ECF #2188 Part 4 - Response in Opposition, #5 ECF #110 Continued, ECF #2191 - Amended Memorandum in Opposition, #6 ECF #110 Continued, ECF #2200 - Reply in Support of Motion to Limit the Testimony, #7 ECF #110 Continued, ECF #2214 - Reply in Support of Motion to Exclude, #8 ECF #110 Continued, ECF #2215 - Reply to 2082 Motion, #9 ECF #110 Continued, ECF #2232 - Plaintiffs' Reply Brief in Support of Their Daubert Motion, #10 ECF #110 Continued, ECF #2241 - Reply to Motion to Exclude Opinions, #11 ECF #110 Continued, ECF #2251 - Reply to Response In Opposition, #12 ECF #110 Continued, ECF #2252 - Reply in Support of Daubert Motion to Exclude, #13 ECF #110 Continued, ECF #2256 - Reply in Support of Memorandum in Support of Motion to Exclude, #14 ECF #110 Continued, ECF #2389 - Notice of Adoption of Prior Daubert Motion, #15 ECF #110 Continued, ECF #2398 - Notice of Adoption of Prior Daubert Motion, #16 ECF #110 Continued, ECF #2403 - Notice of Adoption of Motion, #17 ECF #110 Continued, ECF #2407 - Notice of Adoption of Ethicon_s Motion to Exclude, #18 ECF #110 Continued, ECF #2410 - Notice of Adoption of Prior Daubert Motion, #19 ECF #110 Continued, ECF #2426 - Notice of Adoption of Prior Daubert Motion, #20 ECF #110 Continued, ECF #2433 - Notice of Adoption of Prior Daubert Motion, #21 ECF #110 Continued, ECF #2439 - Notice of Adoption of Prior Daubert Motion, #22 2446 - Motion to Exclude Expert Testimony, #23 2455 Part 1 - Motion to Exclude Opinions, #24 2455 Part 2 - Motion to Exclude Opinions, #25 2458 - Memorandum in Support of Motion to Exclude)(Gage, William) [Transferred from wvsd on 11/7/2019.]
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Filing 112
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #110 Continued, ECF #2070 - Memorandum in Support of 2066 , #2 Exhibit ECF #110 Continued, ECF #2075 - Motion to Exclude, #3 Exhibit ECF #110 Continued, ECF #2078 - Memorandum in Support of Motion to Exclude, #4 Exhibit ECF #110 Continued, ECF #2082 Part 1- Motion to Exclude, #5 Exhibit ECF #110 Continued, ECF #2082 Part 2- Motion to Exclude, #6 Exhibit ECF #110 Continued, ECF #2085 - Memorandum in Support of 2082 , #7 Exhibit ECF #110 Continued, ECF #2091 - Motion to Exclude, #8 Exhibit ECF #110 Continued, ECF #2092 - Memorandun in Support of Motion to Exclude, #9 Exhibit ECF #110 Continued, ECF #2134 - Response in Opposition to Motion to Exclude, #10 Exhibit ECF #110 Continued, ECF #2135 Part 1 - Response in Opposition to Motion to Exclude, #11 Exhibit ECF #110 Continued, ECF #2135 Part 2 - Response in Opposition to Motion to Exclude, #12 Exhibit ECF #110 Continued, ECF #2142 - Response to Motion to Exclude, #13 Exhibit ECF #110 Continued, ECF #2163 Part 1 - Memo in Opposition to Motion to Exclude Opinions, #14 Exhibit ECF #110 Continued, ECF #2163 Part 2 - Memo in Opposition to Motion to Exclude Opinions, #15 Exhibit ECF #110 Continued, ECF #2163 Part 3 - Memo in Opposition to Motion to Exclude Opinions, #16 Exhibit ECF #110 Continued, ECF #2172 - Memo in Opposition to Motion to Exclude, #17 Exhibit ECF #110 Continued, ECF #2185 Part 1 - Response in Opposition to 2066 , #18 Exhibit ECF #110 Continued, ECF #2185 Part 2 - Response in Opposition to 2066 , #19 Exhibit ECF #110 Continued, ECF #2185 Part 3 - Response in Opposition to 2066 , #20 Exhibit ECF #110 Continued, ECF #2185 Part 4 - Response in Opposition to 2066 , #21 Exhibit ECF #110 Continued, ECF #2185 Part 5 - Response in Opposition to 2066 , #22 Exhibit ECF #110 Continued, ECF #2185 Part 6 - Response in Opposition to 2066 , #23 Exhibit ECF #110 Continued, ECF #2185 Part 7 - Response in Opposition to 2066 , #24 Exhibit ECF #110 Continued, ECF #2185 Part 8 - Response in Opposition to 2066 , #25 Exhibit ECF #110 Continued, ECF #2185 Part 9 - Response in Opposition to 2066 , #26 Exhibit ECF #110 Continued, ECF #2185 Part 10 - Response in Opposition to 2066 , #27 Exhibit ECF #110 Continued, ECF #2185 Part 11 - Response in Opposition to 2066 , #28 Exhibit ECF #110 Continued, ECF #2185 Part 12 - Response in Opposition to 2066 , #29 Exhibit ECF #110 Continued, ECF #2185 Part 13 - Response in Opposition to 2066 , #30 Exhibit ECF #110 Continued, ECF #2185 Part 14 - Response in Opposition to 2066 , #31 Exhibit ECF #110 Continued, ECF #2185 Part 15 - Response in Opposition to 2066 , #32 Exhibit ECF #110 Continued, ECF #2185 Part 16 - Response in Opposition to 2066 )(Gage, William) [Transferred from wvsd on 11/7/2019.]
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Filing 111
CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #110 Continued, ECF #1982 - Memorandum in Support of 1981 , #2 Exhibit ECF #110 Continued, ECF #2009 - Motion to Exclude, #3 Exhibit ECF #110 Continued, ECF #2011 - Memo in Support of Daubert Motion to Exclude, #4 Exhibit ECF #110 Continued, ECF #2015 - Motion by All Plaintiffs to Exclude, #5 Exhibit ECF #110 Continued, ECF #2020 - Plaintiffs' Memorandum in Support of Their Motion to Exclude, #6 Exhibit ECF #110 Continued, ECF #2047 Part 1 - Motion to Exclude the General Causation Testimony, #7 Exhibit ECF #110 Continued, ECF #2047 Part 2 - Motion to Exclude the General Causation Testimony, #8 Exhibit ECF #110 Continued, ECF #2047 Part 3 - Motion to Exclude the General Causation Testimony, #9 Exhibit ECF #110 Continued, ECF #2047 Part 4 - Motion to Exclude the General Causation Testimony, #10 Exhibit ECF #110 Continued, ECF #2047 Part 5 - Motion to Exclude the General Causation Testimony, #11 Exhibit ECF #110 Continued, ECF #2047 Part 6 - Motion to Exclude the General Causation Testimony, #12 Exhibit ECF #110 Continued, ECF #2047 Part 7 - Motion to Exclude the General Causation Testimony, #13 Exhibit ECF #110 Continued, ECF #2047 Part 8 - Motion to Exclude the General Causation Testimony, #14 Exhibit ECF #110 Continued, ECF #2047 Part 9 - Motion to Exclude the General Causation Testimony, #15 Exhibit ECF #110 Continued, ECF #2047 Part 10 - Motion to Exclude the General Causation Testimony, #16 Exhibit ECF #110 Continued, ECF #2047 Part 11 - Motion to Exclude the General Causation Testimony Part 2 - Motion to Exclude the General Causation Testimony, #17 Exhibit ECF #110 Continued, ECF #2047 Part 12 - Motion to Exclude the General Causation Testimony Part 2 - Motion to Exclude the General Causation Testimony, #18 Exhibit ECF #110 Continued, ECF #2047 Part 13 - Motion to Exclude the General Causation Testimony Part 2 - Motion to Exclude the General Causation Testimony, #19 Exhibit ECF #110 Continued, ECF #2047 Part 14 - Motion to Exclude the General Causation Testimony Part 2 - Motion to Exclude the General Causation Testimony, #20 Exhibit ECF #110 Continued, ECF #2049 - Memo in Support of Motion to Exclude Opinions, #21 Exhibit ECF #110 Continued, ECF #2060 - MOTION by All Plaintiffs to Exclude the Opinions, #22 Exhibit ECF #110 Continued, ECF #2065 - Memorandum in support of MOTION to Exclude, #23 Exhibit ECF #110 Continued, ECF #2066 Part 1 - Motion to Exclude, #24 Exhibit ECF #110 Continued, ECF #2066 Part 2 - Motion to Exclude, #25 Exhibit ECF #110 Continued, ECF #2066 Part 3 - Motion to Exclude, #26 Exhibit ECF #110 Continued, ECF #2066 Part 4 - Motion to Exclude, #27 Exhibit ECF #110 Continued, ECF #2066 Part 5 - Motion to Exclude, #28 Exhibit ECF #110 Continued, ECF #2066 Part 6 - Motion to Exclude)(Gage, William) [Transferred from wvsd on 11/7/2019.]
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Filing 110
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - FIRST AMENDED MASTER LONG FORM COMPLAINT, #2 Exhibit ECF #239 - MASTER ANSWER AND JURY DEMAND, #3 Exhibit ECF #241 - MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 Exhibit ECF #262 - SHORT FORM COMPLAINT, #5 Exhibit ECF #263 - AMENDED SHORT FORM COMPLAINT, #6 Exhibit ECF #1978 Part 1 - Motion to Limit, #7 Exhibit ECF #1978 Part 2 - Motion to Limit, #8 Exhibit ECF #1978 Part 3 - Motion to Limit, #9 Exhibit ECF #1978 Part 4 - Motion to Limit, #10 Exhibit ECF #1978 Part 5 - Motion to Limit, #11 Exhibit ECF #1978 Part 6 - Motion to Limit, #12 Exhibit ECF #1978 Part 7 - Motion to Limit, #13 Exhibit ECF #1978 Part 8 - Motion to Limit, #14 Exhibit ECF #1978 Part 9 - Motion to Limit, #15 Exhibit ECF #1978 Part 10 - Motion to Limit, #16 Exhibit ECF #1978 Part 11 - Motion to Limit, #17 Exhibit ECF #1978 Part 12 - Motion to Limit, #18 Exhibit ECF #1978 Part 13 - Motion to Limit, #19 Exhibit ECF #1978 Part 14 - Motion to Limit, #20 Exhibit ECF #1978 Part 15 - Motion to Limit, #21 Exhibit ECF #1978 Part 16 - Motion to Limit, #22 Exhibit ECF #1978 Part 17 - Motion to Limit, #23 Exhibit ECF #1978 Part 18 - Motion to Limit, #24 Exhibit ECF #1978 Part 19 - Motion to Limit, #25 Exhibit ECF #1978 Part 20 - Motion to Limit)(Gage, William) [Transferred from wvsd on 11/7/2019.]
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Filing 109
ORDER AND SUGGESTION OF REMAND FOR CASES ON EXHIBIT A On or before 10/29/2019 the parties are DIRECTED to confer and to file in the individual cases on 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; upon receipt and filing of an order to remand from the Clerk of the JPML, the Clerk of this court shall remand the cases on Exhibit A to the appropriate District Courts; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract the member cases listed on Exhibit A that remain pending and remand each member case to the appropriate District Court listed on Exhibit A; after remand of the cases on Exhibit A, the Clerk is DIRECTED to formally close the cases and strike it from the docket of this court. Signed by Judge Thomas E. Johnston on 10/22/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases listed on Exhibit A) (st) [Transferred from wvsd on 11/7/2019.]
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Filing 108
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 11/7/2019.]
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Filing 107
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 11/7/2019.]
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Filing 106
NOTICE OF ATTORNEY APPEARANCE by Geoffrey T. Moore on behalf of Jenesta Cutter, Larry A. Cutter. (Moore, Geoffrey) [Transferred from wvsd on 11/7/2019.]
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NOTICE OF DOCKET CORRECTION re: #105 Order. ERROR: Incorrect document attached. CORRECTION: Image replaced. (ts) [Transferred from wvsd on 11/7/2019.]
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Filing 105
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) (Modified on 8/21/2018 to remove and replace incorrect image)(ts). [Transferred from wvsd on 11/7/2019.]
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Filing 104
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) (kp) [Transferred from wvsd on 11/7/2019.]
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Filing 103
ORDER granting #100 MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Withdraw #99 MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate from the Inactive Docket; denying as moot #99 MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate from the Inactive Docket; and the Affidavit at ECF 99-1 is considered voluntarily withdrawn by the plaintiffs and shall be STRICKEN and REMOVED from the docket. Signed by Judge Robert C. Chambers on 11/3/2017. (cc: attys; any unrepresented party) (mek) [Transferred from wvsd on 11/7/2019.]
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Filing 102
ORDER granting #101 REVISED MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate From the Inactive Docket; directing the Clerk to reinstate this case to the Court's active docket. Signed by Judge Robert C. Chambers on 11/1/2017. (cc: counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 11/7/2019.]
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Filing 101
REVISED MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate From the Inactive Docket (Attachments: #1 Affidavit AFFIDAVIT OF JENESTA CUTTER, #2 Proposed Order)(Adams, Charles) [Transferred from wvsd on 11/7/2019.]
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Filing 100
MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Withdraw #99 MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate from the Inactive Docket (Attachment: #1 Proposed Order)(Adams, Charles) [Transferred from wvsd on 11/7/2019.]
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Filing 99
MOTION by Jenesta Cutter, Larry A. Cutter, Larry Cutter to Reinstate from the Inactive Docket (Attachment: #2 Proposed Order)(Adams, Charles) (Modified on 11/3/2017 to note attachment # 1 has been stricken and removed per # 103 order entered 11/3/2017) (mek). [Transferred from wvsd on 11/7/2019.]
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Filing 98
NOTICE of Withdrawl of George M. Fleming, Rand P. Nolen, G. Sean Jez and Fleming Nolen & Jez, LLP as Counsel of Record by Jenesta Cutter, Larry A. Cutter (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 97
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 11/7/2019.]
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Filing 96
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 11/7/2019.]
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Filing 95
INACTIVE DOCKET ORDER Having been advised by counsel that the plaintiff(s) and Ethicon, Inc., Johnson & Johnson and where named, Ethicon LLC, Gynecare, and Ethicon Women's Health and Urology have agreed to a settlement model. The Court finds it unnecessary to conduct further proceedings or to keep this case on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk is directed to retire this case from the active docket, 3) Plaintiffs and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiff(s) and defendant(s) are directed to provide quarterly reports as to their progress. The Court will reinstate any case to the active docket if one of the parties, on motion, shows good cause for such reinstatement. This Order is linked to the Proposed Inactive Docket Order filed at ECF No. #94 . Signed by Judge Robert C. Chambers on 6/28/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn) [Transferred from wvsd on 11/7/2019.]
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Filing 94
PROPOSED ORDER Inactive Docket Order by Ethicon, Inc., Johnson & Johnson (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 93
PROPOSED ORDER Inactive Docket Order by Ethicon, Inc., Johnson & Johnson (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 92
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert Motion re: Mareeni Stanislaus, M.D.) The Motion filed in MDL 2327 by Certain Plaintiffs in Wave 2 Cases to Exclude Opinions and Testimony of Mareeni Stanislaus, M.D. is DENIED in part, GRANTED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/27/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Wave 2 casesidentified in Exhibit A) (ts) [Transferred from wvsd on 11/7/2019.]
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Filing 91
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert Motion re: Larry T. Sirls, M.D.) The Motion filed in MDL 2327 by Certain Plaintiffs in Wave 2 Cases to Exclude the General Opinion Testimony of Larry T. Sirls, II, M.D. is DENIED in part, GRANTED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/27/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Wave 2 Cases Listed on Exhibit A) (ts) [Transferred from wvsd on 11/7/2019.]
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Filing 90
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert Motion re: Michael Karram, M.D.) The Motion filed in MDL 2327 by Certain Plaintiffs in Wave 2 Cases to Exclude Expert Testimony of Michael Karram, M.D. is DENIED in part, GRANTED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/27/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Wave 2 Cases Listed on Exhibit A) (ts) [Transferred from wvsd on 11/7/2019.]
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Filing 89
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 pursuant to 28 United States Code, 455(b)(5)(iii). 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 11/22/2016. (cc: Judge Goodwin, Chief Judge Chambers, counsel of record, and to any unrepresented parties) (REF: MDL 2327; Cases listed on Exhibit A) (kp) [Transferred from wvsd on 11/7/2019.]
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Filing 88
PRETRIAL ORDER # 241 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) dismissing without prejudice Ethicon, LLC from each case identified on Exhibit A, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 10/12/2016. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (bdr) [Transferred from wvsd on 11/7/2019.]
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Filing 87
REPLY by Ethicon, Inc., Johnson & Johnson to #85 Response In Opposition. (Attachments: #1 Exhibit(s) A - Depo Excerpts of Iakovlev, #2 Exhibit(s) B - Report of Iakovlev, #3 Exhibit(s) C - Depo Excerpts of Jelovsek, #4 Exhibit(s) D - Depo Excerpts of Tackett)(Pope, Susan) Modified to remove link to #80 motion and #81 memorandum on 8/22/2016 (gjb). [Transferred from wvsd on 11/7/2019.]
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Filing 86
REPLY by Ethicon, Inc., Johnson & Johnson to #84 Response In Opposition. (Attachments: #1 Exhibit(s) A - Rosenzweig Report, #2 Exhibit(s) B - Guiler dep. excerpts, #3 Exhibit(s) C - Jelovsek dep. excerpts, #4 Exhibit(s) D - Rosenzweig dep. excerpts)(Pope, Susan) Modified to remove links to #78 motion and #79 memorandum on 8/22/2016 (gjb). [Transferred from wvsd on 11/7/2019.]
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Filing 85
RESPONSE by Jenesta Cutter, Larry A. Cutter in opposition to #80 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinion Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Jez, G.) Modified to remove link to #81 Memorandum on 8/16/2016 (gjb). [Transferred from wvsd on 11/7/2019.]
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Filing 84
RESPONSE AND SUPPORTING MEMORANDUM by Jenesta Cutter, Larry A. Cutter in opposition to #78 MOTION by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC to Exclude the Case-Specific Opinion Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F)(Jez, G.) Modified to remove link to #79 Memorandum on 8/16/2016 (gjb). [Transferred from wvsd on 11/7/2019.]
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Filing 83
REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #82 Response In Opposition. (Attachments: #1 Exhibit A - Central Baptist records, #2 Exhibit B - Dr. Guiler Deposition Excerpts, #3 Exhibit C - Womens Care Center records, #4 Exhibit D - J Cutter Deposition Excerpts, #5 Exhibit E - Klinge Deposition Excerpts, #6 Exhibit F - Rosenzweig Deposition Excerpts)(Pope, Susan) (Modified on 8/15/2016 to remove links to #76 motion and #77 memorandum) (skh). [Transferred from wvsd on 11/7/2019.]
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Filing 82
RESPONSE by Jenesta Cutter, Larry A. Cutter in opposition to #76 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment and #77 Memorandum In Support (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E-1, #7 Exhibit E-2, #8 Exhibit E-3, #9 Exhibit E-4, #10 Exhibit E-5, #11 Exhibit E-6, #12 Exhibit E-7, #13 Exhibit E-8, #14 Exhibit E-9, #15 Exhibit E-10, #16 Exhibit E-11, #17 Exhibit E-12, #18 Exhibit E-13, #19 Exhibit E-14, #20 Exhibit E-15, #21 Exhibit E-16, #22 Exhibit F, #23 Exhibit G, #24 Exhibit H, #25 Exhibit I)(Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 81
MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #80 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinion Testimony of Vladimir Iakovlev, M.D. (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 80
MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Case-Specific Opinion Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit A - Womens Care Center records, #2 Exhibit B - Central Baptist Hospital records, #3 Exhibit C - Deposition Excerpts J. Cutter, #4 Exhibit D - Deposition Excerpts John Jelovsek, #5 Exhibit E - Hillcrest Hospital records, #6 Exhibit F - Cornerstone Pelvic Health records, #7 Exhibit G - Expert Report Vladimir Iakovlev, #8 Exhibit H - Iakovlev Depo Exhibit 1 (CV), #9 Exhibit I - Deposition Excerpts Iakovlev March 2016, #10 Exhibit J - Deposition Excerpts Iakovlev Nov 2015)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 79
MEMORANDUM by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC in support of #78 MOTION by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC to Exclude the Case-Specific Opinion Testimony of Bruce Rosenzweig, M.D. (Pope, Susan) (Modified on 7/27/2016 to add party filer) (skh). [Transferred from wvsd on 11/7/2019.]
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Filing 78
MOTION by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC to Exclude the Case-Specific Opinion Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A - Womens Care Center records, #2 Exhibit B - Deposition Excerpts Michael Guiler, #3 Exhibit C - Central Baptist, #4 Exhibit D - Deposition Excerpts J. Cutter, #5 Exhibit E - Lexington Womens Health records, #6 Exhibit F - Hillcrest Hospital records, #7 Exhibit G - Cornerstone Pelvic Health records, #8 Exhibit H - Deposition Excerpts Dr. Jelovsek, #9 Exhibit I - Expert Report Dr. Rosenzweig, #10 Exhibit J - Gynecare Prolift information, #11 Exhibit K - Deposition Excerpts Dr. Rosenzweig)(Pope, Susan) (Modified on 7/25/2016 to add party filer) (skh). [Transferred from wvsd on 11/7/2019.]
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Filing 77
MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #76 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 76
MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A - Womens Care Center records, #2 Exhibit B - Central Baptist records., #3 Exhibit C - J. Cutter Depo Excerpts, #4 Exhibit D - Lexington Womens Health records, #5 Exhibit E - Hillcrest Hospital records, #6 Exhibit F - Cornerstone records, #7 Exhibit G - Plaintiff Fact Sheet, #8 Exhibit H - Guiler Depo Excerpts, #9 Exhibit I - Prolift IFU, #10 Exhibit J - Considerations about surgical mesh)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 75
OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #70 Amended Notice to Take Deposition of Dr. Stephen Factor (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 74
OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #69 Notice to Take Deposition of Dr. Roger McLendon (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 73
OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #71 Notice to Take Deposition of Michael Karram, M.D. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 72
STIPULATION AND AGREEMENT of the Parties Regarding Depositions of Plaintiff's Friends and Family Members by Ethicon, Inc., Johnson & Johnson, Janesta Cutter, Larry A. Cutter (Pope, Susan) (Modified on 7/3/2016 to add party filers) (rea). [Transferred from wvsd on 11/7/2019.]
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Filing 71
NOTICE TO TAKE DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. Michael Karram on June 29, 2016 at 2:45 p.m. EST (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 70
AMENDED NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. Stephen Factor on June 28, 2016 at 2:00 p.m. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 69
NOTICE TO TAKE DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. Roger McLendon on June 25, 2016 at 9:00 a.m. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 68
NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. Stephen Factor on June 28, 2016 at 2:00 P.M. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 67
SECOND AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Reva Tackett, M.D. on June 16, 2016 at 2:00 p.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 66
SECOND AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of J. Michael Guiler, M.D. on June 18, 2016 at 8:00 a.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 65
SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. J. Michael Guiler on June 18, 2016 at 8:00 a.m. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 64
NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. Reva Tackett on June 16, 2016 at 2:00 P.M. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 63
AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of John Jelovsek, M.D. on June 22, 2016 at 10:30 a.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 62
ORDER granting #61 MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Time to Serve Expert Designation and Report of Roger McLendon, M.D. Signed by Judge Joseph R. Goodwin on 6/8/2016. (cc: attys; any unrepresented party) (mek) [Transferred from wvsd on 11/7/2019.]
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Filing 61
MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Time to Serve Expert Designation and Report of Roger McLendon, M.D. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 60
FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of Dr. John Jelovsek on June 22, 2016 at 10:30 a.m. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 59
CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Defendants' Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants' Non-Retained Expert Disclosures (Thomas, David) [Transferred from wvsd on 11/7/2019.]
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Filing 58
FOURTH AMENDED NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig on June 4, 2016 at 11:15 a.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 57
NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Vladimir Iakolvev, M.D. on June 19, 2016 at 9:00 a.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 56
THIRD AMENDED NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig on June 4, 2016 at 11:15 a.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 55
SECOND AMENDED NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of on June 4, 2016 at 11:15 a.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 54
RESPONSES AND OBJECTIONS to #53 Amended Notice to Take Deposition of Bruce Rosenzweig by Jenesta Cutter, Larry A. Cutter (Attachment: #1 Exhibit A)(Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 53
AMENDED NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig on June 4, 2016 at 2:00 p.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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Filing 52
NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig on June 4, 2016 at 2:00 p.m. (Jones, Christy) [Transferred from wvsd on 11/7/2019.]
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NOTICE OF DOCKET CORRECTION re: #50 AMENDED NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of J. Michael Guiler M.D. ERROR: the Notice of Deposition was omitted from the entry. CORRECTION: Image replaced and the Notice of Deposition added to the entry. (lca) [Transferred from wvsd on 11/7/2019.]
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Filing 51
AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of J. Michael Guiler, M.D. on May 24, 2016 at 10:00 a.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 50
AMENDED NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry A. Cutter of J. Michael Guiler M.D. on May 24, 2016 at 10:00 A.M. (Jez, G.) (Modified on 5/16/2016 to add the Notice of Deposition to the entry) (lca). [Transferred from wvsd on 11/7/2019.]
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Filing 49
STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF JANESTA S. CUTTER by Ethicon, Inc., Johnson & Johnson, Janesta S. Cutter (Pope, Susan) (Modified on 5/10/2016 to convert event to stipulation and to add party filer) (skh). [Transferred from wvsd on 11/7/2019.]
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Filing 48
CERTIFICATE OF SERVICE by Jenesta Cutter, Larry A. Cutter for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Jez, G.) [Transferred from wvsd on 11/7/2019.]
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Filing 47
CERTIFICATE OF SERVICE filed by Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare, Johnson & Johnson for Defendants' First Set of Interrogatories, Second Requests for Production and First Set of Requests for Admission to Plaintiff Jenesta Cutter (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 46
ORDER granting MOTION by Karen H. Beyea-Schroeder for Substitution of Rand P. Nolen and G. Sean Jez as Counsel in MDL 2327 and for every member case associated with this MDL and for Withdrawal of Karen Beyea-Schroeder as Counsel filed in MDL 2327. The Clerk is DIRECTED to terminate Karen Beyea-Schroeder as counsel for plaintiffs and to substitute Rand P. Nolen and G. Sean Jez as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Karen Beyea-Schroeder is associated. Signed by Judge Joseph R. Goodwin on 2/29/2016. (cc: attys; any unrepresented party) (kp) [Transferred from wvsd on 11/7/2019.]
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Filing 45
CERTIFICATE OF SERVICE filed by Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare, Johnson & Johnson for First Set of Requests for Production to Plaintiff Jenesta Cutter (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 44
CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories, Requests for Production and Requests for Admissions (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 43
NOTICE OF VIDEO DEPOSITION by Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare, Johnson & Johnson of Larry A. Cutter on 2/26/2016 at 1:00 p.m. (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 42
NOTICE OF VIDEO DEPOSITION by Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare, Johnson & Johnson of Janesta S. Cutter on 2/26/2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 41
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare, Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 40
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of James Michael Guiler, M.D. on 3/22/2016 at 9:00 a.m. (Thomas, David) [Transferred from wvsd on 11/7/2019.]
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Filing 39
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bradley Youkilis on March 24, 2016 at 9:00 a.m. (Robinson, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 38
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Van Jenkins on 3/24/16 at 9:00 a.m. (Combs, Philip) [Transferred from wvsd on 11/7/2019.]
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Filing 37
NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. John Jelovsek on 3/25/16 at 9:00 a.m. (Combs, Philip) [Transferred from wvsd on 11/7/2019.]
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Filing 36
PRETRIAL ORDER # 206 (Docket Control Order - Wave 2 Cases) With the selection of the cases on the attached Exhibit A (Wave 2 cases), it is ORDERED that the following deadlines shall apply in the Ethicon Wave 2 cases as set forth herein: Plaintiff Fact Sheets due 1/19/2016; Defendant Fact Sheets due 2/19/2016; Deadline for written discovery requests due 4/05/2016; Expert Disclosure by Plaintiffs due 5/5/2016; Expert Disclosure by Defendants due 6/3/2016; Expert Disclosure for Rebuttal Purposes due 6/17/2016; Deposition Deadline and close of discovery due 7/01/2016; Filing of Dispositive Motions due 7/08/2016; Responses to Dispositive Motions due 7/25/2016; Reply to Response to Dispositive Motions due 8/04/2016; Filing of Daubert Motions due 7/21/2016; Responses to Daubert Motions due 8/08/2016; and Reply to Response to Daubert Motions due 8/18/2016. 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 6/10/2016, any response is due 6/20/2016, and any reply is due 6/30/2016. By no later than 5/16/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases ready for transfer, remand or trial, and the parties shall submit joint venue recommendations to the court by 5/24/2016. Signed by Joseph R. Goodwin on 11/20/2015. (Attachment: # 1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327; Wave 2 Cases) (mnm) [Transferred from wvsd on 11/7/2019.]
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Filing 35
NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry Cutter of Dr. Van R. Jenkins on January 13, 2016 at 9:00 a.m. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 34
NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry Cutter of Dr. John Jelovsek on January 25, 2016 at 9:00 a.m. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 33
NOTICE OF VIDEO DEPOSITION by Jenesta Cutter, Larry Cutter of Dr. J. Michael Guiler on January 12, 2016 at 9:00 a.m. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 32
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) (all) [Transferred from wvsd on 11/7/2019.]
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Filing 31
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from wvsd on 11/7/2019.]
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Filing 30
SUMMONS RETURNED EXECUTED for Ethicon, LLC, re: #1 Complaint,. Ethicon, LLC served on 10/17/2012, answer due 11/7/2012. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 29
SUMMONS ISSUED by the Clerk on behalf of Jenesta Cutter, Larry Cutter, Larry A. Cutter for Ethicon, LLC, re: #27 Short Form Complaint - Ethicon, Inc., returnable 21 days. Original Summons and 2 copies Mailed to Karen Beyea-Schroeder for service. (tmr) [Transferred from wvsd on 11/7/2019.]
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Filing 28
SUMMONS SUBMITTED by Jenesta Cutter, Larry A. Cutter for Ethicon, LLC, re: #27 Second Amended Short Form Complaint. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 27
SECOND AMENDED SHORT FORM COMPLAINT filed by Jenesta Cutter, Larry A. Cutter against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson,. (Beyea-Schroeder, Karen) Modified to add docket text on 9/14/2012 (klc). [Transferred from wvsd on 11/7/2019.]
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Filing 26
FIRST AMENDED SHORT FORM COMPLAINT filed by Jenesta Cutter, Larry Cutter against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 25
NOTICE OF ATTORNEY APPEARANCE by Karen H. Beyea-Schroeder on behalf of Jenesta Cutter, Larry Cutter. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 24
NOTICE OF ATTORNEY APPEARANCE by Karen H. Beyea-Schroeder on behalf of Jenesta Cutter, Larry Cutter. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 23
NOTICE OF ATTORNEY APPEARANCE by Karen H. Beyea-Schroeder on behalf of Jenesta Cutter, Larry Cutter. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 22
AFFIDAVIT OF SERVICE by James Swickle, on behalf of Jenesta Cutter and Larry Cutter, of the summons and complaint upon Johnson & Johnson, re: #1 Complaint. Johnson & Johnson served on 5/29/2012, answer due 6/19/2012. (Beyea-Schroeder, Karen) (Modified text for clarity on 7/30/2012) (skh). [Transferred from wvsd on 11/7/2019.]
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Filing 21
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 11/7/2019.]
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Filing 20
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 11/7/2019.]
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Filing 19
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 11/7/2019.]
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Filing 18
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 11/7/2019.]
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Filing 17
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 16
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 11/7/2019.]
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Filing 15
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 11/7/2019.]
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Filing 14
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc.. (Robinson, Susan) [Transferred from wvsd on 11/7/2019.]
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Filing 13
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc.. (Combs, Philip) [Transferred from wvsd on 11/7/2019.]
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Filing 12
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc.. (Thomas, David) [Transferred from wvsd on 11/7/2019.]
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Filing 11
AFFIDAVIT OF SERVICE on behalf of Johnson & Johnson. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 10
NOTICE OF APPEARANCE AND COUNSEL CONTACT INFORMATION by Karen H. Beyea-Schroeder for on behalf of Jenesta Cutter, Larry Cutter. (Beyea-Schroeder, Karen) (Modified text for clarity on 6/5/2012) (klc). [Transferred from wvsd on 11/7/2019.]
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Filing 9
TRANSMITTED PRETRIAL ORDER #8 (Uniform Certificate of Service) entered on 05/31/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from wvsd on 11/7/2019.]
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Filing 8
AFFIDAVIT OF SERVICE on behalf of Gynecare. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 7
AFFIDAVIT OF SERVICE on behalf of Ethicon, Inc.. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 6
AFFIDAVIT OF SERVICE on behalf of Ethicon Women's Health and Urology. (Beyea-Schroeder, Karen) [Transferred from wvsd on 11/7/2019.]
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Filing 5
CASE TRANSFERRED IN from the Kentucky Eastern; Case Number 5:12-cv-00153. Original file certified copy of transfer order and docket sheet received. [Transferred from wvsd on 11/7/2019.]
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Filing 4
Case Transfer to the MDL Panel: Chief Judge Joseph R. Goodwin of the Southern District of West Virginia presiding over litigation MDL 2327 In Re Ethicon, Inc. signed by Chief Judge Joseph R. Goodwin.(RJD)cc: COR [Transferred from Kentucky Eastern on 5/31/2012.] [Transferred from wvsd on 11/7/2019.]
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Filing 3
INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2327 (RJD) [Transferred from Kentucky Eastern on 5/31/2012.] [Transferred from wvsd on 11/7/2019.]
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Conflict Check run. (KLB) [Transferred from Kentucky Eastern on 5/31/2012.] [Transferred from wvsd on 11/7/2019.]
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Filing 2
Summons Issued as to Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson; Summons issued and returned to counsel electronically. (KLB) [Transferred from Kentucky Eastern on 5/31/2012.] [Transferred from wvsd on 11/7/2019.]
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Filing 1
COMPLAINT, filed by Jenesta Cutter, Larry Cutter. ( Filing fee $350; receipt number 0643-2345881) (Attachments: #1 Summons of Ethicon, Inc., #2 Summons of Ethicon Women's Health and Urology, #3 Summons of Gynecare, #4 Summons of Johnson & Johnson, #5 Civil Cover Sheet, #6 Case Assignment)(KLB) [Transferred from Kentucky Eastern on 5/31/2012.] [Transferred from wvsd on 11/7/2019.]
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