Corder et al v. Ethicon, Inc. et al
| Virginia Corder and Larry Corder |
| Ethicon, Inc. and Johnson & Johnson |
| 6:2019cv00273 |
| November 13, 2019 |
| US District Court for the Eastern District of Kentucky |
| Hanly A Ingram |
| Robert E Wier |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #64 SUPPLEMENTAL RESPONSE to Motion re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Larry Corder, Virginia Corder. (Turner, Lance) (MM) |
| Filing 64 SUPPLEMENTAL RESPONSE to Motion re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Larry Corder, Virginia Corder. (Turner, Lance) Modified descriptive text on 12/13/2019 (MM). |
Filing 63
ORDER : Five members of the defense team, noting the appearance of replacement counsel and attaching a signed consent, move to withdraw. The Court GRANTS DE #58 , #59 , #60 , #61 & #62 . Attorney Susan M. Robinson; Kari L. Sutherland; David B. Thomas; William M. Gage and Christy D. Jones terminated. Signed by Judge Robert E. Wier on 12/10/19.(SYD)cc: COR; mailed to moving attys.
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #58 MOTION to Withdraw as Attorney by William Gage by Ethicon, Inc., Johnson & Johnson, #59 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson, #62 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson, #61 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson, #60 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (SYD) |
| Filing 62 MOTION to Withdraw as Attorney by Susan Robinson by Ethicon, Inc., Johnson & Johnson. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent of Defendants, #2 Proposed Order)(SYD) |
| Filing 61 MOTION to Withdraw as Attorney by David B. Thomas by Ethicon, Inc., Johnson & Johnson. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent of Defendants, #2 Proposed Order)(SYD) |
| Filing 60 MOTION to Withdraw as Attorney by Kari Sutherland by Ethicon, Inc., Johnson & Johnson. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent of Defendants, #2 Proposed Order)(SYD) |
| Filing 59 MOTION to Withdraw as Attorney by Christy D. Jones by Ethicon, Inc., Johnson & Johnson. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent of Defendants, #2 Proposed Order)(SYD) |
| Filing 58 MOTION to Withdraw as Attorney by William Gage by Ethicon, Inc., Johnson & Johnson. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent of Defendants, #2 Proposed Order)(SYD) Modified text on 12/10/2019 (SYD). |
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Filing 57
ORDER: The Court finds the requested relief justified and GRANTS DE #56 . In fairness, the Court also GRANTS Plaintiffs leave to file a notice, within 7 days, citing any responsive or other post-briefing authority that they would like the Court to consider in evaluating the pending dispositive motion. Signed by Judge Robert E. Wier on 12/5/19. (MRS) cc: COR, mailed to Christy Jones, David Thomas, Susan Robinson, Kari Sutherland, William Gage
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #56 MOTION for Leave by Ethicon, Inc., Johnson & Johnson to File Supplemental Authority (RBB) |
| Filing 56 MOTION for Leave by Ethicon, Inc., Johnson & Johnson to File Supplemental Authority (Attachments: #1 10/19/19 Order in Petrey v. Ethicon, et al., #2 Proposed Order)(Pope, Susan) Modified on 12/5/2019 to remove referral language. (RBB). |
| Filing 55 REPLY to Response to Motion re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A-Deposition of Virginia Corder (MDL 2327))**Docketed Pursuant to Order at DE #51 **(SYD) |
| Filing 54 RESPONSE in Opposition re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Larry Corder, Virginia Corder. (Attachments: #1 MDL 2327 Affidavit of Virginia Corder, #2 MDL 2327 Depo of Virginia Corder) **Docketed Per Order at DE #51 **(SYD) |
| Filing 53 MEMORANDUM in Support of Motion re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson. **Docketed Per Order at DE #51 ** (SYD) |
| Filing 52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit A-MDL 2327 Plaintiff Fact Sheet)**Docketed Per Order at DE #51 **(SYD) |
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Filing 51
ORDER : 1. The Court DIRECTS the Clerk to re-docket DE #28 & #29 as, respectively, Defendants Motion for Partial Summary Judgment and Memorandum in Support [,] to re-docket DE #30 and DE #31 as, respectively, a response and reply to that motion, and to then submit the new motion to Chambers as fully briefed. All re-docketed filings should include any attached exhibits. 2. As to Defendants requests for (A) supplemental briefing on the Rule 56 motion and (B) a successive summary judgment motion, no motions pend, thus the asks are not, for now, properly before the Court. 3. Finally, the Court intends to re-evaluate the case schedule after ruling on the unresolved dispositive motion. Signed by Judge Robert E. Wier on 12/3/19.(SYD)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of ROBERT E. WIER for review: re #52 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson (SYD) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #50 Status Report (SYD) |
| Filing 50 JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson. (Pope, Susan) |
| Clerk's Note: The mandatory attorney notice entered on November 8, 2019 and Attorney Notice to Christy Jones DE50 have been deleted as they were entered in error. (SYD) |
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Filing 49
ORDER : 1. DENIES WITHOUT PREJUDICE all pending motions and SETS ASIDE any unexpired deadlines. 2. W/I 14 days parties meet. 3. W/I 7 days file report addressing: a-e. Signed by Judge Robert E. Wier on 11/14/19.(SYD)cc: COR, mailed to Christy Jones, David Thomas, Susan Robinson, Kari Sutherland, William Gage
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| Clerk's Note: Clerk deleted DE 49 due to being inadvertently entered into the wrong record. (MM) |
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Filing 47
STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1) At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2) Pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3) Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4) Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5) Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier on 11/13/19. (MRS)cc: COR
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| Filing 46 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:16-cv-10988. Original file, certified copy of transfer order and docket sheet received electronically. |
| Conflict Check run. (MRS) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: (MRS) |
| Filing 45 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 Continued - (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #2 Exhibit ECF #42 Continued - (2910) Response and Notice of Adoption of Prior Response Regarding Timothy Ulatowski, #3 Exhibit ECF #42 Continued - (6860) Notice of Adoption of Prior Motion of Timothy Ulatowski, #4 Exhibit ECF #42 Continued - (6965) Notice of Adoption of Prior Response Regarding Timothy Ulatowski, #5 Exhibit ECF #42 Continued - (7143) Notice of Adoption of Prior Reply of Timothy Ulatowski)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 44 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 Continued - (2253) Memo in Support of Motion to Exclude Teri Longacre, #2 Exhibit ECF #42 Continued - (6820) Notice of Adoption of Prior Motion of Teri Longacre, #3 Exhibit ECF #42 Continued - (6969) Notice of Adoption of Prior Response Regarding of Teri Longacre, #4 Exhibit ECF #42 Continued - (7099) Notice of Adoption of Prior Reply Teri Longacre, #5 Exhibit ECF #42 Continued - (2039) Motion to Exclude Shelby Thames, #6 Exhibit ECF #42 Continued - (2042) Memo in Support of Motion to Exclude Shelby Thames, #7 Exhibit ECF #42 Continued - (2187) Response in Opposition to Motion to Exclude Shelby Thames, #8 Exhibit ECF #42 Continued - (2247) Reply in Support of Motion to Exclude Shelby Thames, #9 Exhibit ECF #42 Continued - (2455) Part 1 Motion to Exclude Shelby Thames, #10 Exhibit ECF #42 Continued - (2455) Part 2 Motion to Exclude Shelby Thames, #11 Exhibit ECF #42 Continued - (2458) Memo in Support of Motion to Exclude Shelby Thames, #12 Exhibit ECF #42 Continued - (2553) Part 1 Response in Opposition to Motion to Exclude Shelby Thames, #13 Exhibit ECF #42 Continued - (2553) Part 2 Response in Opposition to Motion to Exclude Shelby Thames, #14 Exhibit ECF #42 Continued - (2553) Part 3 Response in Opposition to Motion to Exclude Shelby Thames, #15 Exhibit ECF #42 Continued - (2621) Reply in Support of Motion to Exclude Shelby Thames, #16 Exhibit ECF #42 Continued - (2839) Part 1 Motion to Exclude Shelby Thames, #17 Exhibit ECF #42 Continued - (2839) Part 2 Motion to Exclude Shelby Thames, #18 Exhibit ECF #42 Continued - (2841) Memo in Support of Motion to Exclude Shelby Thames, #19 Exhibit ECF #42 Continued - (2957) Response in Opposition to Motion to Exclude Shelby Thames, #20 Exhibit ECF #42 Continued - (3037) Reply in Support of Motion to Exclude Shelby Thames, #21 Exhibit ECF #42 Continued - (6857) Notice of Adoption of Prior Motion of Shelby Thames, #22 Exhibit ECF #42 Continued - (6972) Notice of Adoption of Prior Response of Shelby Thames, #23 Exhibit ECF #42 Continued - (7113) Notice of Adoption of Prior Response of Shelby Thames, #24 Exhibit ECF #42 Continued - (2060) Motion to Exclude Timothy Ulatowski, #25 Exhibit ECF #42 Continued - (2065) Memo in Support of Motion to Exclude Timothy Ulatowski)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 Continued - (7120) Notice of Adoption of Reply Regarding Scott Guelcher, #2 Exhibit ECF #42 Continued - (3663) Part 1 Motion to Exclude Paul Michaels, #3 Exhibit ECF #42 Continued - (3663) Part 2 Motion to Exclude Paul Michaels, #4 Exhibit ECF #42 Continued - (3663) Part 3 Motion to Exclude Paul Michaels, #5 Exhibit ECF #42 Continued - (3666) Memo in Support of Motion to Exclude Paul Michaels, #6 Exhibit ECF #42 Continued - (3792) Response to Motion to Exclude Paul Michaels, #7 Exhibit ECF #42 Continued - (3814) Reply in Support of Motion to Exclude Paul Michaels, #8 Exhibit ECF #42 Continued - (6830) Notice of Adoption of Motion to Exclude Paul Michaels, #9 Exhibit ECF #42 Continued - (6956) Notice of Adoption of Prior Response of Paul Michaels, #10 Exhibit ECF #42 Continued - (7129) Notice of Adoption of Prior Reply Regarding Paul Michaels, #11 Exhibit ECF #42 Continued - (6876) Motion to Limit C. Bryce Bowling, #12 Exhibit ECF #42 Continued - (6877) Memo in Support of Motion to Limit C. Bryce Bowling, #13 Exhibit ECF #42 Continued - (7020) Part 1 Opposition to Motion to Limit C. Bryce Bowling, #14 Exhibit ECF #42 Continued - (7020) Part 2 Opposition to Motion to Limit C. Bryce Bowling, #15 Exhibit ECF #42 Continued - (2025) Motion to Exclude Joseph Carbone, #16 Exhibit ECF #42 Continued - (2027) Memo in Support of Motion to Exclude Joseph Carbone, #17 Exhibit ECF #42 Continued - (2915) Memo in Opposition to Motion to Exclude Joseph Carbone, #18 Exhibit ECF #42 Continued - (2180) Memo in Opposition to Motion to Exclude Joseph Carbone, #19 Exhibit ECF #42 Continued - (6790) Notice of Adoption of Prior Motion of Joseph Carbone, #20 Exhibit ECF #42 Continued - (7007) Notice of Adoption of Prior Response Regarding Joseph Carbone, #21 Exhibit ECF #42 Continued - (2076) Motion to Exclude Teri Longacre, #22 Exhibit ECF #42 Continued - (2098) Memo in Support of Motion to Exclude Teri Longacre)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 42 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (241) Master Answer and Jury Demand, #4 Exhibit (262) Short Form Complaint, #5 Exhibit (263) Amended Short Form Complaint, #6 Exhibit (2082) Part 1 Motion to Exclude Daniel Elliott, #7 Exhibit (2082) Part 2 Motion to Exclude Daniel Elliott, #8 Exhibit (2082) Part 3 Motion to Exclude Daniel Elliott, #9 Exhibit (2191) Amended Memo in Opposition to Motion to Exclude Daniel Elliott, #10 Exhibit (2815) Memo in Support of Motion to Exclude Daniel Elliott, #11 Exhibit (2952) Memo in Opposition to Motion to Exclude Daniel Elliott, #12 Exhibit (5339) Part 1 Motion to Exclude Daniel Elliott, #13 Exhibit (5339) Part 2 Motion to Exclude Daniel Elliott, #14 Exhibit (5340) Memo in Support of Motion to Exclude Daniel Elliott, #15 Exhibit (5491) Response in Opposition to Motion to Exclude Daniel Elliott, #16 Exhibit (6842) Notice of Adoption of Prior Motion of Daniel Elliott, #17 Exhibit (6922) Notice of Adoption of Prior Response of Daniel Elliott, #18 Exhibit (4573) Part 1 Motion to Exclude Scott Guelcher, #19 Exhibit (4573) Part 2 Motion to Exclude Scott Guelcher, #20 Exhibit (4573) Part 3 Motion to Exclude Scott Guelcher, #21 Exhibit (4573) Part 4 Motion to Exclude Scott Guelcher, #22 Exhibit (4574) Memo in Support of Motion of Scott Guelcher, #23 Exhibit (4675) Part 1 Memo in Opposition to Motion to Exclude Scott Guelcher, #24 Exhibit (4675) Part 2 Memo in Opposition to Motion to Exclude Scott Guelcher, #25 Exhibit (4692) Reply in Support of Motion to Exclude Scott Guelcher, #26 Exhibit (6641) Notice of Adoption of Motion to)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 41 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 6614 Order adopting memorandum opinion and order re Daniel Elliott, #2 Exhibit 6522 Order adopting memorandum opinion and order re Daniel Elliott, #3 Exhibit 6409 Order adopting memorandum opinion and order re Daniel Elliott, #4 Exhibit 5145 Order adopting memorandum opinion and order re Daniel Elliott, #5 Exhibit 6387 Order adopting memorandum opinion and order re Daniel Elliott, #6 Exhibit 3552 Order adopting memorandum opinion and order re Daniel Elliott, #7 Exhibit 2666 Memorandum opinion and order re daniel elliott, #8 Exhibit 6431 Order adopting memorandum opinion and order re S Guelcher, #9 Exhibit 6401 Order adopting memorandum opinion and order re S Guelcher, #10 Exhibit 6307 Order adopting memorandum opinion and order re S Guelcher, #11 Exhibit 5152 Order adopting memorandum opinion and order re S Guelcher, #12 Exhibit 2698 Memorandum opinion and order re S. Guelcher, #13 Exhibit 3559 Order adopting memorandum opinion and order re S Guelcher, #14 Exhibit 6467 Order adopting memorandum opinion and order re P Michaels, #15 Exhibit 6296 Order adopting memorandum opinion and order re P Michaels, #16 Exhibit 6360 Order adopting memorandum opinion and order re P Michaels, #17 Exhibit 4166 Order adopting memorandum opinion and order re S. Guelcher, #18 Exhibit 3520 Order adopting memorandum opinion and order re J. Carbone, #19 Exhibit 6442 Order adopting memorandum opinion and order re T Longacre, #20 Exhibit 6390 Order adopting memorandum opinion and order re T Longacre, #21 Exhibit 4189 Order adopting memorandum opinion and order re T Longacre, #22 Exhibit 5147 Order adopting memorandum opinion and order re T Longacre, #23 Exhibit 6316 Order adopting memorandum opinion and order re T Longacre, #24 Exhibit 2643 Memorandum opinion and order re T Longacre, #25 Exhibit 3277 Order adopting memorandum opinion and order re T Longacre, #26 Exhibit 6471 Order adopting memorandum opinion and order re S Thames, #27 Exhibit 6415 Order adopting memorandum opinion and order re S Thames, #28 Exhibit 4220 Order adopting memorandum opinion and order re S Thames, #29 Exhibit 6397 Order adopting memorandum opinion and order re S Thames, #30 Exhibit 2723 Memorandum opinion and order S Thames, #31 Exhibit 3563 Order adopting memorandum opinion and order re S Thames, #32 Exhibit 4201 Order adopting memorandum opinion and order re S Thames, #33 Exhibit 3544 memorandum opinion and order re P. Michaels, #34 Exhibit 4179 order adopting memorandum opinion and order P Michaels, #35 Exhibit 6422 order adopting memorandum opinion order J Carbone, #36 Exhibit 6274 order adopting memorandum opinion order J Carbone, #37 Exhibit 4188 memorandum opinion and order re J Carbone, #38 Exhibit 2662 memorandum opinion and order re J Carbone, #39 Exhibit 6358 order adopting memorandum opinion order J Carbone, #40 Exhibit 6486 order adopting memorandum and order re T Ulatowski, #41 Exhibit 5155 order adopting memorandum and order re T Ulatowsk, #42 Exhibit 6318 order adopting memorandum and order re T Ulatowsk, #43 Exhibit 2649 memorandum opinion and order re T Ulatowski, #44 Exhibit 6391 order adopting memorandum and order re T Ulatowsk, #45 Exhibit 3536 order adopting memorandum and order re T Ulatowsk, #46 Exhibit 4714 order adopting memorandum opinion and order re S Guelcher)(Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
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Filing 40
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.]
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Filing 39
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.]
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Filing 38
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.]
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Filing 37
VACATED PURSUANT TO THE #38 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.]
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Filing 36
ORDER The #35 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.]
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Filing 35
VACATED PURSUANT TO THE #36 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) (sak) (ADI) (Modified on 3/28/2019 to note order has been vacated) (kew). [Transferred from wvsd on 11/13/2019.]
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| Filing 34 AMENDED NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Shelby Thames, Ph.D on 01/17/2019 at 10:00 a.m. CDT (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 33 AMENDED NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Shelby Thames, Ph.D on 01/11/2019 at 10:00 a.m. CDT. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 32 RE-NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Shelby Thames, Ph.D on 11/26/18 at 10:00 a.m. CDT. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 31 REPLY by Ethicon, Inc., Johnson & Johnson to #30 Response In Opposition. (Attachments: #1 Exhibit A)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 30 RESPONSE by Larry Corder, Virginia Corder in opposition to #28 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Turner, Lance) (Modified on 10/29/2018 to remove link to #29 memorandum) (kp). [Transferred from wvsd on 11/13/2019.] |
| Filing 29 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #28 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 28 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 27 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #26 Notice of Video Deposition (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 26 NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Shelby Thames, Ph.D on 11/8/18 at 10:00 a.m. CDT (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 25 RE-NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Joseph Carbone, MD on 10/03/18 at 6:30 p.m. E.D.T. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 24 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #22 Notice of Deposition of Joseph Carbone, M.D. (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 23 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #21 Notice of Deposition of Teri A. Longacre, M.D. (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Joseph Carbone, MD on 09/19/18 at 6:30 p.m. E.D.T. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Larry Corder, Virginia Corder of Teri A. Longacre, M.D. on 09/07/18 at 9:30 a.m. Pacific time (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 20 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Virginia Corder (Pope, Susan) (Modified on 8/30/2018 to add party filer)(rmc). [Transferred from wvsd on 11/13/2019.] |
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Filing 19
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.]
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| Filing 18 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 (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Larry Corder, Virginia Corder for Response to Defendants' Discovery Requests. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
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Filing 16
ORDER granting the Notice of Partial Withdrawal of Pending Motion to Preclude Evidence by Ethicon, Inc., Johnson & Johnson filed at ECF No. 5857 in MDL 2327; and denying as moot the Motion by Ethicon, Inc., Johnson & Johnson, Inc. to Preclude Evidence or Argument Relating to Pathology and Degradation Claims Based on the Failure to Comply With PTO #121 and PTO #190 filed at ECF No. 5741 in MDL 2327 as to certain 2327 Wave 8 cases only; the Motion shall remain pending as to all other Wave 8 cases identified in Exhibit A attached to the Motion to Preclude. Signed by Magistrate Judge Cheryl A. Eifert on 6/12/2018. (cc: attys; any unrepresented party) (MDL 2327; Certain 2327 Wave 8 Cases) (brn) [Transferred from wvsd on 11/13/2019.]
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| Filing 15 CERTIFICATE OF SERVICE by Larry Corder, Virginia Corder for Response to Request for Admissions. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 14 CERTIFICATE OF SERVICE by Larry Corder, Virginia Corder for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Turner, Lance) (Modified on 6/4/2018 to remove disclosures and replace with certificate of service) (mek) [Transferred from wvsd on 11/13/2019.] |
| NOTICE OF DOCKET CORRECTION re: #14 CERTIFICATE OF SERVICE by Larry Corder, Virginia Corder for Rule 26(a)(2) Expert Testimony Disclosures. ERROR: Disclosures filed in their entirety. CORRECTION: Disclosures removed and replaced with certificate of service. (mek) [Transferred from wvsd on 11/13/2019.] |
| Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission, and Requests for Production. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 12 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.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Virginia Corder on 5/8/18 at 10:30 a.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon, Inc., Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 9 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #8 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from wvsd on 11/13/2019.] |
| Filing 8 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Kimberly Bush on 4/3/2018 at 9:00 a.m. (Robinson, Susan) [Transferred from wvsd on 11/13/2019.] |
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Filing 7
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (ts) (ADI) [Transferred from wvsd on 11/13/2019.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Larry Corder, Virginia Corder. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 5 PLAINTIFF FACT SHEET filed by Larry Corder, Virginia Corder. (Turner, Lance) [Transferred from wvsd on 11/13/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 11/13/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 243 (Docket Control Order Wave 4 Cases) entered on 10/25/2016 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (jk) [Transferred from wvsd on 11/13/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-5099081. (Attachment: #1 Civil Cover Sheet) (cma) [Transferred from wvsd on 11/13/2019.] |
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