Daugherty et al v. Ethicon, Inc. et al
| Angela Daugherty and Jimmy Daugherty |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 6:2019cv00275 |
| 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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This docket was last retrieved on December 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 125 Mail Returned as Undeliverable. Mail sent to Benedict Vladislay James re #105 Order (JMB) |
| Filing 124 Mail Returned as Undeliverable. Mail sent to Majd M. Ghanayem re #105 Order (JMB) |
Filing 123
ORDER granting #118 Motion to Withdraw as Attorney, #119 Motion to Withdraw as Attorney, #120 Motion to Withdraw as Attorney, #121 Motion to Withdraw as Attorney, #122 Motion to Withdraw as Attorney. Attorney Christy D. Jones; Kari L. Sutherland; David B. Thomas; Philip J. Combs and William M. Gage terminated. Signed by Judge Robert E. Wier on 12/10/2019. (JMB)cc: COR
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Filing 117
ORDER: granting #116 Motion to Withdraw as Attorney. Susan M. Robinson is withdrawn as counsel of record and will receive no further notice in this case. Attorney Susan M. Robinson terminated. Signed by Judge Robert E. Wier on 12/10/2019. (JMB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #118 MOTION to allow Philip Combs to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #119 MOTION to allow William M. Gage to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #120 MOTION to allow Kari Southerland to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #121 MOTION to allow Christy D. Jones to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #122 MOTION to allow David B. Thomas to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (RBB) |
| Filing 122 MOTION to allow David B. Thomas to Withdraw Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(RBB) |
| Filing 121 MOTION to allow Christy D. Jones to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(RBB)(RBB) |
| Filing 120 MOTION to allow Kari L. Sutherland to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(RBB) |
| Filing 119 MOTION to allow William M. Gage to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order) (RBB)(RBB) |
| Filing 118 MOTION to allow Philip J. Combs to Withdraw Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(RBB)(RBB) |
| Filing 116 MOTION to allow Susan M. Robinson to Withdraw Attorney by Ethicon, Inc., Johnson & Johnson. (Consent attached requesting the following counsel be allowed to withdraw as counsel of record: Christy Jones, Susan Robinson, Kari Sutherland, Philip Combs, William Gage, David Thomas. Motions referred to Hanly A. Ingram. (Attachments: #1 Consent for Withdrawal of Counsel of Record, #2 Proposed Order)(RBB) Modified on 12/10/2019 (RBB). (Additional attachment(s) added on 12/10/2019: #2 Proposed Order) (RBB). |
| ***MOTIONS SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #108 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson, #112 MOTION to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. by Ethicon, Inc., Johnson & Johnson (JMB) |
| Filing 115 REPLY to Response to Motion re #112 MOTION to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. by Ethicon, Inc., Johnson & Johnson filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A - Expert Disclosure, #2 Exhibit B - Margolis Report, #3 Exhibit C - Carroll Depo Excerpt)(JMB)(Filed pursuant to Order at R. #107 ) |
| Filing 114 RESPONSE to Motion re #112 MOTION to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. by Ethicon, Inc., Johnson & Johnson filed by Angela Daugherty, Jimmy Daugherty. (Attachments: #1 Exhibit A - Expert Report of Dr Margolis, #2 Exhibit B - Deposition Transcript of Dr Windisch, #3 Exhibit C - Deposition Transcript of Dr Carroll, #4 Exhibit D - Dr Margolis CV, #5 Exhibit E - Deposition Transcript of Dr Margolis, #6 Exhibit F - Deposition Transcript of Angela Daugherty)(JMB)(Filed pursuant to Order at R. #107 ) |
| Filing 113 MEMORANDUM in Support of Motion re #112 MOTION to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. by Ethicon, Inc., Johnson & Johnson filed by Ethicon, Inc., Johnson & Johnson. (JMB)(Filed pursuant to Order at R. #107 ) |
| Filing 112 MOTION to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. by Ethicon, Inc., Johnson & Johnson Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit A - Expert Report of Dr. Margolis, #2 Exhibit B - Deposition Excerpts A. Daugherty, #3 Exhibit C - Plaintiff Supplied Records, #4 Exhibit D - Jamestown Regional records, #5 Exhibit E - Deposition Excerpts Dr. Creevy, #6 Exhibit F - Lake Cumberland records, #7 Exhibit G - St Joseph records, #8 Exhibit H - Deposition Excerpts Dr. Windisch, #9 Exhibit I - Plaintiff Fact Sheet, #10 Exhibit J - Designation & Disclosure of Case Specific Expert Witnesses, #11 Exhibit K- Supplemental Plaintiff Fact Sheet, #12 Exhibit L - Deposition Excerpts Dr. Margolis)(JMB)(Filed pursuant to Order at R. #107 ) |
| Filing 111 REPLY to Response to Motion re #108 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A - Carroll Deposition Excerpts, #2 Exhibit B - Plaintiff's Designation of Experts, #3 Exhibit C - Windisch Dep Ex 14, #4 Exhibit D - Windisch Deposition Excerpts, #5 Exhibit E - Rule 26 Report Klinge, #6 Exhibit F - ETH MESH02270857, #7 Exhibit G - Pelvic Organ Prolapse, #8 Exhibit H - Klinge Depsoition Excerpts, #9 Exhibit I - Rosenzweig Deposition Excerpts, #10 Exhibit J - Bellew Deposition Designation Hearing)(JMB) |
| Filing 110 RESPONSE to Motion re #108 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Angela Daugherty, Jimmy Daugherty. (Attachments: #1 Exhibit A - Expert Report of Dr Margolis, #2 Exhibit B - Deposition of Dr. Windisch, #3 Exhibit C - Deposition of Dr. Carroll, #4 Exhibit D - Expert Report of Dr. R. Dunn, #5 Exhibit E - Expert Report of Dr. U. Klinge, #6 Exhibit F - Deposition of Dr. U. Klinge, #7 Exhibit G - Deposition of Angela Daugherty, #8 Exhibit H - Article: Meshes in Pelvic Floor Repair, #9 Exhibit I - Expert Report of Dr. V. Iakovlev)(JMB)(Filed pursuant to Order at R. #107 ) |
| Filing 109 MEMORANDUM in Support of Motion re #108 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson filed by Ethicon, Inc., Johnson & Johnson. (JMB) (Filed pursuant to Order at R. #107 ) |
| Filing 108 MOTION for Partial Summary Judgment by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit 1 - Daugherty Depo Excerpts, #2 Exhibit 2 - Amended Short Form Complaint, #3 Exhibit 3 - Plaintiff Supplied Records, #4 Exhibit 4 - Jamestown Regional Records, #5 Exhibit 5 - Carroll Depo Excerpts, #6 Exhibit 6 - Lake Cumberland Records, #7 Exhibit 7 - St. Joseph Records, #8 Exhibit 8 - Windisch Depo Excerpts, #9 Exhibit 9 - Plaintiff Fact Sheet, #10 Exhibit 10 - J. Daugherty Depo Excerpts, #11 Exhibit 11 - Margolis Expert Report, #12 Exhibit 12 - Margolis Depo Excerpts)(JMB)(Filed pursuant to Order at R. #107 ) |
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Filing 107
ORDER re #71 Memorandum in Support of Motion filed by Johnson & Johnson, Ethicon, Inc., #76 Reply to Response to Motion, filed by Johnson & Johnson, Ethicon, Inc., #75 Response in Opposition to Motion,, filed by Angela Daugherty, Jimmy Daugherty, #70 filed by Johnson & Johnson, Ethicon, Inc., #69 Memorandum in Support of Motion filed by Johnson & Johnson, Ethicon, Inc., #68 filed by Johnson & Johnson, Ethicon, Inc.: 1. The Court DIRECTS the Clerk to re-docket DE 68 & 69 as, respectively, Defendants Motion for Partial Summary Judgment and Memorandum in Support[,] to re- docket DE 721 and DE 74 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. The Court further DIRECTS the Clerk to re-docket DE 70 (and the attached exhibits) & 71 as, respectively, Defendants Motion to Limit Testimony and Memorandum in Support[,] to re-docket DE 75 and DE 76 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. 3. As to Defendants request for supplemental briefing on the Rule 56 motion, no motion pends, thus the ask is not, for now, properly before the Court. See Fed. R. Civ. P. 7(b)(1). Further, the Court notes that the motion has already been exhaustively briefed and, as many courts have noted[,] surreplies are highly disfavored. Liberty Legal Found. v. Natl Democratic Party of the USA, Inc., 875 F. Supp. 2d 791, 797 (W.D. Tenn. 2012). Nonetheless, Defendants may pursue supplemental briefing via motion. 4. Finally, the Court intends to re-evaluate the case schedule after ruling on the unresolved motions. If Plaintiffs would prefer to have a trial date in hand before that time, they may seek such relief via motion.. Signed by Judge Robert E. Wier on 12/2/2019.(JMB)cc: COR
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| Filing 106 JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson. (Pope, Susan) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #106 Status Report (SYD) |
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Filing 105
ORDER: 1) The Court DENIES w/out PREJUDICE all pending motions and SETS ASDIE any unexpired ddls; 2) Within 14 days, the parties, by cnsl shall MEET; 3) Within 7 days of the meeting, the parties SHALL FILE a joint status report; Signed by Judge Robert E. Wier on 11/14/19.(MRS)cc: COR, Mailed to via US Mail: Benedict Vladislay James, Christy D. Jones, David B. Thomas, Kari L. Sutherland, Leslie MacLean, Majd M. Ghanayem, Rachel Gross, Sara Coopwood, Susan Robinson and William Gage.
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Filing 103
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 102 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:12-cv-02076. Original file, certified copy of transfer order and docket sheet received electronically. cc: non registered attorneys via US Mail |
| Filing 101 MOTION by Angela Daugherty, Jimmy Daugherty to Withdraw (Gross, Rachel) [Transferred from wvsd on 11/13/2019.] |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: (MRS) |
| Clerk's Note: Copies of #103 Standing Order mailed to Benedict Vladislay James, Christy D. Jones, David B. Thomas, Kari L. Sutherland, Leslie MacLean, Majd M. Ghanayem, Rachel Gross, Sara Coopwood, Susan Robinson and William Gage. (MRS) |
| Conflict Check run. (MRS) |
| Filing 100 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #97 Continued - (2047) Part 1 Motion to Exclude Bruce Rosenzweig, #2 Exhibit ECF #97 Continued - (2047) Part 2 Motion to Exclude Bruce Rosenzweig, #3 Exhibit ECF #97 Continued - (2047) Part 3 Motion to Exclude Bruce Rosenzweig, #4 Exhibit ECF #97 Continued - (2047) Part 4 Motion to Exclude Bruce Rosenzweig, #5 Exhibit ECF #97 Continued - (2047) Part 5 Motion to Exclude Bruce Rosenzweig, #6 Exhibit ECF #97 Continued - (2047) Part 6 Motion to Exclude Bruce Rosenzweig, #7 Exhibit ECF #97 Continued - (2047) Part 7 Motion to Exclude Bruce Rosenzweig, #8 Exhibit ECF #97 Continued - (2047) Part 8 Motion to Exclude Bruce Rosenzweig, #9 Exhibit ECF #97 Continued - (2047) Part 9 Motion to Exclude Bruce Rosenzweig, #10 Exhibit ECF #97 Continued - (2047) Part 10 Motion to Exclude Bruce Rosenzweig, #11 Exhibit ECF #97 Continued - (2047) Part 11 Motion to Exclude Bruce Rosenzweig, #12 Exhibit ECF #97 Continued - (2047) Part 12 Motion to Exclude Bruce Rosenzweig, #13 Exhibit ECF #97 Continued - (2047) Part 13 Motion to Exclude Bruce Rosenzweig, #14 Exhibit ECF #97 Continued - (2047) Part 14 Motion to Exclude Bruce Rosenzweig, #15 Exhibit ECF #97 Continued - (2163) Part 1 Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #16 Exhibit ECF #97 Continued - (2163) Part 2 Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #17 Exhibit ECF #97 Continued - (2163) Part 3 Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #18 Exhibit ECF #97 Continued - (2241) Reply to Motion to Exclude Bruce Rosenzweig, #19 Exhibit ECF #97 Continued - (2439) Notice of Adoption of Prior Motion of Bruce Rosenzweig, #20 Exhibit ECF #97 Continued - (2528) Notice of Adoption of Prior Response of Bruce Rosenzweig, #21 Exhibit ECF #97 Continued - (2622) Notice of Adoption of Prior Reply of Bruce Rosenzweig)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 99 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #97 Continued - (2200) Reply to Motion to Exclude Uwe Klinge, #2 Exhibit ECF #97 Continued - (2407) Notice of Adoption of Motion to Exclude Uwe Klinge, #3 Exhibit ECF #97 Continued - (2509) Notice of Adoption of Prior Response Regarding Uwe Klinge, #4 Exhibit ECF #97 Continued - (2583) Notice of Adoption of Prior Reply Regarding Uwe Klinge, #5 Exhibit ECF #97 Continued - Part 1 Response in Opposition to Motion to Exclude Uwe Klinge, #6 Exhibit ECF #97 Continued - Part 2 Response in Opposition to Motion to Exclude Uwe Klinge, #7 Exhibit ECF #97 Continued - Part 3 Response in Opposition to Motion to Exclude Uwe Klinge, #8 Exhibit ECF #97 Continued - Part 4 Response in Opposition to Motion to Exclude Uwe Klinge, #9 Exhibit ECF #97 Continued - Part 1 Motion to Exclude Uwe Klinge, #10 Exhibit ECF #97 Continued - Part 2 Motion to Exclude Uwe Klinge, #11 Exhibit ECF #97 Continued - Part 3 Motion to Exclude Uwe Klinge, #12 Exhibit ECF #97 Continued - Part 4 Motion to Exclude Uwe Klinge, #13 Exhibit ECF #97 Continued - Part 5 Motion to Exclude Uwe Klinge, #14 Exhibit ECF #97 Continued - Part 6 Motion to Exclude Uwe Klinge, #15 Exhibit ECF #97 Continued - Part 7 Motion to Exclude Uwe Klinge, #16 Exhibit ECF #97 Continued - Part 8 Motion to Exclude Uwe Klinge, #17 Exhibit ECF #97 Continued - Part 9 Motion to Exclude Uwe Klinge, #18 Exhibit ECF #97 Continued - Part 10 Motion to Exclude Uwe Klinge, #19 Exhibit ECF #97 Continued - Part 11 Motion to Exclude Uwe Klinge, #20 Exhibit ECF #97 Continued - Part 12 Motion to Exclude Uwe Klinge, #21 Exhibit ECF #97 Continued - Part 13 Motion to Exclude Uwe Klinge, #22 Exhibit ECF #97 Continued - Part 14 Motion to Exclude Uwe Klinge, #23 Exhibit ECF #97 Continued - Part 15 Motion to Exclude Uwe Klinge, #24 Exhibit ECF #97 Continued - Part 16 Motion to Exclude Uwe Klinge, #25 Exhibit ECF #97 Continued - Part 17 Motion to Exclude Uwe Klinge, #26 Exhibit ECF #97 Continued - Part 18 Motion to Exclude Uwe Klinge, #27 Exhibit ECF #97 Continued - Part 19 Motion to Exclude Uwe Klinge, #28 Exhibit ECF #97 Continued - Part 20 Motion to Exclude Uwe Klinge)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 98 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #97 Continued - (2455) Part 1 Motion to Exclude Shelby Thames, #2 Exhibit ECF #97 Continued - (2455) Part 2 Motion to Exclude Shelby Thames, #3 Exhibit ECF #97 Continued - (2553) Part 1 Response in Opposition to Motion to Exclude Shelby Thames, #4 Exhibit ECF #97 Continued - (2553) Part 2 Response in Opposition to Motion to Exclude Shelby Thames, #5 Exhibit ECF #97 Continued - (2553) Part 3 Response in Opposition to Motion to Exclude Shelby Thames, #6 Exhibit ECF #97 Continued - (2621) Reply in Support of Motion to Exclude Shelby Thames, #7 Exhibit ECF #97 Continued - (2066) Part 1 Motion to Exclude Vladimir Iakovlev, #8 Exhibit ECF #97 Continued - (2066) Part 2 Motion to Exclude Vladimir Iakovlev, #9 Exhibit ECF #97 Continued - (2066) Part 3 Motion to Exclude Vladimir Iakovlev, #10 Exhibit ECF #97 Continued - (2066) Part 4 Motion to Exclude Vladimir Iakovlev, #11 Exhibit ECF #97 Continued - (2066) Part 5 Motion to Exclude Vladimir Iakovlev, #12 Exhibit ECF #97 Continued - (2066) Part 6 Motion to Exclude Vladimir Iakovlev, #13 Exhibit ECF #97 Continued - (2070) Memo in Support of Motion to Exclude Vladimir Iakovlev, #14 Exhibit ECF #97 Continued - (2251) Reply to Response in Opposition to Motion to Exclude Vladimir Iakovlev, #15 Exhibit ECF #97 Continued - (2403) Notice of Adoption of Motion to Exclude Vladimir Iakovlev, #16 Exhibit ECF #97 Continued - (2504) Notice of Adoption of Prior Response of Vladimir Iakovlev, #17 Exhibit ECF #97 Continued - (2589) Notice of Adoption of Reply Regarding Vladimir Iakovlev, #18 Exhibit ECF #97 Continued - (2185) Part 1 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #19 Exhibit ECF #97 Continued - (2185) Part 2 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #20 Exhibit ECF #97 Continued - (2185) Part 3 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #21 Exhibit ECF #97 Continued - (2185) Part 4 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #22 Exhibit ECF #97 Continued - (2185) Part 5 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #23 Exhibit ECF #97 Continued - (2185) Part 6 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #24 Exhibit ECF #97 Continued - (2185) Part 7 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #25 Exhibit ECF #97 Continued - (2185) Part 8 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #26 Exhibit ECF #97 Continued - (2185) Part 9 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #27 Exhibit ECF #97 Continued - (2185) Part 10 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #28 Exhibit ECF #97 Continued - (2185) Part 11 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #29 Exhibit ECF #97 Continued - (2185) Part 12 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #30 Exhibit ECF #97 Continued - (2185) Part 13 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #31 Exhibit ECF #97 Continued - (2185) Part 14 Response in Opposition to Motion to Exclude Vladimir Iakovlev, #32 Exhibit ECF #97 Continued - (2185) Part 15 Response in Opposition to Motion to Exclude Vladimir Iakovlev)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 97 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 (2025) Motion to Exclude Joseph Carbone, #7 Exhibit (2027) Memo in Support of Motion to Exclude Joseph Carbone, #8 Exhibit (2180) Response in Opposition to Motion to Exclude Joseph Carbone, #9 Exhibit (2394) Notice of Adoption of Prior Motion of Joseph Carbone, #10 Exhibit (2490) Notice of Adoption of Prior Response Regarding Joseph Carbone, #11 Exhibit (2091) Motion to Exclude Michael Karram, #12 Exhibit (2092) Memo in Support of Motion to Exclude Michael Karram, #13 Exhibit (2410) Notice of Adoption of Prior Motion of Michael Karram, #14 Exhibit (2446) Motion to Exclude Michael Karram, #15 Exhibit (2471) Memo in Support of Motion to Exclude Michael Karram, #16 Exhibit (2524) Response to Motion to Exclude Michael Karram, #17 Exhibit (2620) Reply to Response in Opposition to Motion to Exclude Michael Karram, #18 Exhibit (2076) Motion to Exclude Teri Longacre, #19 Exhibit (2098) Memo in Support of Motion to Exclude Teri Longacre, #20 Exhibit (2140) Response in Opposition to Motion to Exclude Teri Longacre, #21 Exhibit (2253) Memo in Support of Motion to Exclude Teri Longacre, #22 Exhibit (2416) Notice of Adoption of Prior Motion of Teri Longacre, #23 Exhibit (2505) Notice of Adoption of Prior Response Regarding Teri Longacre, #24 Exhibit (2606) Notice of Adoption of Prior Reply of Teri Longacre)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 96 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Rachel A. Gross on behalf of Angela Daugherty, Jimmy Daugherty. (Gross, Rachel) [Transferred from wvsd on 11/13/2019.] |
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Filing 95
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 94
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 93
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Thomas E. Johnston on 5/25/2018. (cc: counsel of record; any unrepresented party) (mwk) (ADI) [Transferred from wvsd on 11/13/2019.]
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| NOTICE OF DOCKET CORRECTION re: #92 Order. ERROR: Incorrect document attached. CORRECTION: Image replaced. (ts) [Transferred from wvsd on 11/13/2019.] |
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Filing 92
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 11/13/2019.]
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| Filing 91 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.] |
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Filing 90
ORDER granting #89 MOTION by Angela Daugherty, Jimmy Daugherty to Reinstate; the Clerk is DIRECTED to remove the inactive docket flag and reinstate this case to the active docket. Signed by Judge Robert C. Chambers on 3/27/2018. (cc: counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 11/13/2019.]
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| Filing 89 MOTION by Angela Daugherty, Jimmy Daugherty to Reinstate (Attachment: #1 Affidavit of Leslie C. MacLean)(MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
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Filing 88
PRETRIAL ORDER # 271 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). All such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID and undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiffs friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule, for good cause shown will be considered. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Robert C. Chambers on 9/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327 and Wave 1, 2, 3, 4, 5, 6, and 7 Cases Assigned to Judge Chambers) (rec) [Transferred from wvsd on 11/13/2019.]
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Filing 87
INACTIVE DOCKET ORDER Having been advised by counsel that the plaintiff(s) and Ethicon, Inc., and Johnson & Johnson 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. #85 . Signed by Judge Robert C. Chambers on 9/27/2017. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (brn) [Transferred from wvsd on 11/13/2019.]
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| NOTICE OF DOCKET CORRECTION re: #86 Order. ERROR: Image did not contain signature. CORRECTION: Unsigned image removed and replaced with sign image. (ts) [Transferred from wvsd on 11/13/2019.] |
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Filing 86
ORDER on Motion filed in MDL 2327: granting MOTION by Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood, Gibbs C. Henderson and Waters & Kraus, L.L.P. for Change of Address in this MDL and each individual member case in which they are associated. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood and/or Gibbs C. Henderson are associated. Signed by Judge Robert C. Chambers on 8/23/2017. (cc: attys; any unrepresented party) (klc) (ADI) (Modified on 8/28/2017 to remove and replace unsigned image) (ts). [Transferred from wvsd on 11/13/2019.]
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| Filing 85 PROPOSED ORDER Inactive Docket Order by Ethicon, Inc., Johnson & Johnson (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 84 ASSIGNMENT ORDER the Southern District of West Virginia has notified the Panel of the need to assign another judge from within that district to preside over certain cases in which the original transferee judge, the Honorable Joseph R. Goodwin, is recused. IT IS THEREFORE ORDERED that, with the consent of that court, the Honorable Robert C. Chambers is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair of the Panel. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 11/13/2019.] |
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Filing 83
ORDER (RE: FEE COMMITTEE PROTOCOL) Pursuant to Section C of the "Order Establishing Criteria for Applications to MDL Fund To Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit and Appointment of Common Benefit Fee and Cost Committee" (PTO # 211), the Common Benefit Fee and Cost Committee outlines the process for review of common benefit time submitted and the process for application for fees and expenses as set forth herein. Signed by Judge Robert C. Chambers on 6/28/2017. (Attachment: #1 Exhibits 1-4) (cc: counsel of record; any unrepresented party) (hkl) [Transferred from wvsd on 11/13/2019.]
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| Filing 82 PLAINTIFF PROFILE FORM filed by Angela Daugherty, Jimmy Daugherty. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 81 PLAINTIFF PROFILE FORM filed by Angela Daugherty, Jimmy Daugherty. (Wood, Erin) [Transferred from wvsd on 11/13/2019.] |
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Filing 80
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 11/13/2019.]
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Filing 79
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 11/13/2019.]
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Filing 78
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 11/13/2019.]
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Filing 77
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 11/13/2019.]
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| Filing 76 REPLY by Ethicon, Inc., Johnson & Johnson to #75 Memorandum In Opposition. (Attachments: #1 Exhibit(s) A - Expert Disclosure, #2 Exhibit(s) B - Margolis Report, #3 Exhibit(s) C - Carroll Depo Excerpt)(Pope, Susan) Modified to remove links to #70 motion and #71 memorandum on 8/22/2016 (gjb). [Transferred from wvsd on 11/13/2019.] |
| Filing 75 MEMORANDUM OF LAW by Angela Daugherty, Jimmy Daugherty in opposition to #70 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. (Attachments: #1 Exhibit(s) A - Expert Report of Dr Margolis, #2 Exhibit(s) B - Deposition Transcript of Dr Windisch, #3 Exhibit(s) C - Deposition Transcript of Dr Carroll, #4 Exhibit(s) D - Dr Margolis CV, #5 Exhibit(s) E - Deposition Transcript of Dr Margolis, #6 Exhibit(s) F - Deposition Transcript of Angela Daugherty)(Coopwood, Sara) [Transferred from wvsd on 11/13/2019.] |
| Filing 74 REPLY MEMORANDUM by Ethicon, Inc., Johnson & Johnson to #72 Response In Opposition. (Attachments: #1 Exhibit A - Carroll Deposition Excerpts, #2 Exhibit B - Plaintiffs Designation of Experts, #3 Exhibit C - Windisch Dep Ex 14, #4 Exhibit D - Windisch Deposition Excerpts, #5 Exhibit E - Rule 26 Report Klinge, #6 Exhibit F - ETH MESH02270857, #7 Exhibit G - Pelvic Organ Prolapse, #8 Exhibit H - Klinge Deposition Excerpts, #9 Exhibit I - Rosenzweig Deposition Excerpts, #10 Exhibit J - Bellew Deposition Designation Hearing)(Pope, Susan) (Modified on 8/16/2016 to remove links to #68 motion and #69 memorandum) (skh). [Transferred from wvsd on 11/13/2019.] |
| Filing 73 RESPONSE AND EXHIBIT I by Angela Daugherty, Jimmy Daugherty to #72 Response In Opposition. (Attachment: #1 Exhibit I - Expert Report Dr V Iakovlev)(Coopwood, Sara) [Transferred from wvsd on 11/13/2019.] |
| Filing 72 RESPONSE by Angela Daugherty, Jimmy Daugherty in opposition to #68 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - Expert Report of Dr Margolis, #2 Exhibit B - Deposition of Dr. Windisch, #3 Exhibit C -Deposition of Dr. Carroll, #4 Exhibit D - Expert Report of Dr. R. Dunn, #5 Exhibit E - Expert Report of Dr. U. Klinge, #6 Exhibit F - Deposition of Dr. U. Klinge, #7 Exhibit G - Deposition of Angela Daugherty, #8 Exhibit H - Article: Meshes in Pelvic Floor Repair)(Coopwood, Sara) [Transferred from wvsd on 11/13/2019.] |
| Filing 71 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #70 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 70 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinion Testimony of Dr. Michael Margolis, M.D. (Attachments: #1 Exhibit A - Expert Report of Dr. Margolis, #2 Exhibit B - Deposition Excerpts A. Daugherty, #3 Exhibit C - Plaintiff Supplied Records, #4 Exhibit D - Jamestown Regional records, #5 Exhibit E - Deposition Excerpts Dr. Creevy, #6 Exhibit F - Lake Cumberland records, #7 Exhibit G - St Joseph records, #8 Exhibit H - Deposition Excerpts Dr. Windisch, #9 Exhibit I - Plaintiff Fact Sheet, #10 Exhibit J - Designation & Disclosure of Case Specific Expert Witnesses, #11 Exhibit K - Supplemental Plaintiff Fact Sheet, #12 Exhibit L - Deposition Excerpts Dr. Margolis)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 69 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #68 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 68 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit 1 - A. Daugherty Depo Excerpts, #2 Exhibit 2 - Amended Short Form Complaint, #3 Exhibit 3 - Plaintiff Supplied Records, #4 Exhibit 4 - Jamestown Regional records, #5 Exhibit 5 - Carroll Depo Excerpts, #6 Exhibit 6 - Lake Cumberland records, #7 Exhibit 7 - St. Joseph records, #8 Exhibit 8- Windisch Depo Excerpts, #9 Exhibit 9 - Plaintiff Fact Sheet, #10 Exhibit 10- J. Daugherty Depo Excerpts, #11 Exhibit 11 - Margolis Expert Report, #12 Exhibit 12 - Margolis Depo Excerpts)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 67 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sara E. Coopwood on behalf of Angela Daugherty, Jimmy Daugherty. (Coopwood, Sara) [Transferred from wvsd on 11/13/2019.] |
| Filing 66 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #62 Amended Notice to Take Deposition of Michael Karram, M.D. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 65 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #61 Notice to Take Deposition of Dr. Hannes Vogel (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 64 STIPULATION AND AGREEMENT of the Parties Regarding Depositions of Jeffrey McCormick and James Pittmann by Angela Daugherty, Ethicon, Inc., Johnson & Johnson (MacLean, Leslie) (Modified on 7/18/2016 to correct party filers) (rea). [Transferred from wvsd on 11/13/2019.] |
| Filing 63 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #60 Notice to Take Deposition (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 62 AMENDED NOTICE TO TAKE DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. Michael Karram on 06/28/2016 at 1:45 p.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 61 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. Hannes Vogel on 06/29/2016 at 1:00 p.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 60 NOTICE TO TAKE DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. Teri Longacre on 06/28/2016 at 3:30pm (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 59 NOTICE of Request for Pathology Slides by Angela Daugherty, Jimmy Daugherty (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 58 NOTICE of Request for Deposition of Ethicon Representatives by Angela Daugherty (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 57 RESPONSE by Angela Daugherty, Jimmy Daugherty to #53 Notice of Deposition of Michael Margolis, M.D. (MacLean, Leslie) (Modified on 6/11/2016 to add party filer)(skh). [Transferred from wvsd on 11/13/2019.] |
| Filing 56 RESPONSE by Angela Daugherty to #54 Notice of Deposition of Donald Kreutzer, M.D. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 55 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 11/13/2019.] |
| Filing 54 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Donald Kreutzer, M.D. on June 13, 2016 at 9:00 a.m. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 53 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Michael Margolis, M.D. on June 12, 2016 at 10:40 a.m. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 52 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEFENDANT'S INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF ANGELA DAUGHERTY by Ethicon, Inc., Johnson & Johnson, Angela Daugherty (Pope, Susan) (Modified on 5/14/2016 to add party filer) (skh). [Transferred from wvsd on 11/13/2019.] |
| Filing 51 CERTIFICATE OF SERVICE filed by Angela Daugherty, Jimmy Daugherty for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 50 CERTIFICATE OF SERVICE filed by Angela Daugherty for Responses To Defendant Ethicon, Inc.'s First Request for Admissions, First Set of Interrogatories, and Second Request For Production Of Documents (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 49 CROSS-NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of R. Leonard Carroll, M.D. on 4/27/2016 at 3:00 p.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 48 CERTIFICATE OF SERVICE filed by Ethicon, Inc. for Ethicon, Inc.'s Objections and Responses to Plaintiffs' Interrogatories, Requests for Production, and Requests for Admissions (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 47 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Defendants' First Set of Interrogatories to Plaintiff Angela Daugherty, Second Set of Requests for Production to Plaintiff Angela Daugherty and First Set of Requests for Admissions to Plaintiff Angela Daugherty (Pope, Susan) (Modified on 4/7/2016 to remove terminated filer) (skh). [Transferred from wvsd on 11/13/2019.] |
| Filing 46 AMENDED CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Amberly K. Windisch, MD on March 29, 2016 at 9:00 am (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 45 AMENDED NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Amberly K. Windisch, M.D. on 03/29/2016 at 9:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 44 CERTIFICATE OF SERVICE filed by Angela Daugherty, Jimmy Daugherty for Request for Production, First Set Of Interrogatories, and First Request For Admissions to Defendant (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 43 CERTIFICATE OF SERVICE filed by Angela Daugherty for Responses To Defendant Ethicon, Inc.'s First Request For Production Of Documents(MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 42 CROSS-NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Amberly K. Windisch on March 29, 2016 at 9:00 a.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 41 AMENDED NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Amberly K. Windisch, M.D. on 03/29/2016 at 9:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 40 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Jimmy Daugherty on March 16, 2016 at 1:00 p.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 39 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Angela Daugherty on March 16, 2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 38 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Jimmy Daugherty on March 1, 2016 at 1:00 p.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 37 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Angela Daugherty on March 1, 2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 36 NOTICE of Postponement by Angela Daugherty, Jimmy Daugherty of the #28 First Amended Notice of Video Deposition of Dr. James L. Pittmann, D.O. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 35 AMENDED SHORT FORM COMPLAINT filed by Angela Daugherty, Jimmy Daugherty against Ethicon, Inc., Johnson & Johnson. (MacLean, Leslie) (Modified on 2/22/2016 to add party filer) (skh). [Transferred from wvsd on 11/13/2019.] |
| Filing 34 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Leonard Carroll, M.D. on 04/27/2016 at 3:00 p.m. (Attachments: #1 subpoena, #2 PTO 38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 33 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Requests for Production to Plaintiff Angela Daugherty (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
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Filing 32
ORDER granting MOTION by Waters & Kraus, LLP for Substitution of Leslie C. MacLean and Withdrawal of Kyla G. Cole as Counsel filed in MDL No. 2327. The Clerk is DIRECTED to terminate Kyla G. Cole as counsel for plaintiffs and to substitute Leslie C. MacLean as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Kyla G. Cole is associated. Signed by Judge Joseph R. Goodwin on 1/28/2016. (cc: attys; any unrepresented party) (kp) [Transferred from wvsd on 11/13/2019.]
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| Filing 31 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Jimmy Daugherty on March 2, 2016 at 1:00 p.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 30 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Angela Daugherty on March 2, 2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 29 NOTICE of Withdrawing of #25 Notice of Video Deposition of Dr. Ramon Leonard Carroll, M.D. by Angela Daugherty, Jimmy Daugherty (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 28 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. James L. Pittmann, D.O. on 03/08/2016 at 10:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 27 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. Amberly K. Windisch, M.D. on 03/16/2016 at 10:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. Ramon Leonard Carroll, M.D. on 01/15/2016 at 2:30 p.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 24 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. James Pittman on 04/08/2016 at 9:00 a.m. (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 23 NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr. James L. Pittman, D.O. on 01/15/2016 at 10:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 22 NOTICE OF VIDEO DEPOSITION by Angela Daugherty, Jimmy Daugherty of Dr Amberly K. Windisch, M.D. on 01/20/2016 at 10:00 a.m. (MacLean, Leslie) [Transferred from wvsd on 11/13/2019.] |
| Filing 21 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Leonard Carroll on 04/04/2016 at 9:00 a.m. (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 20 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) (jk) [Transferred from wvsd on 11/13/2019.] |
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Filing 19
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 11/13/2019.]
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| Filing 18 SUMMONS RETURNED EXECUTED for Ethicon, LLC, Ethicon, LLC served on 3/6/2013, answer due 3/27/2013. (Cole, Kyla) [Transferred from wvsd on 11/13/2019.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from wvsd on 11/13/2019.] |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, re: #14 Amended Short Form Complaint - Ethicon, Inc.. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jws) [Transferred from wvsd on 11/13/2019.] |
| Filing 15 SUMMONS SUBMITTED by Angela Daugherty, Jimmy Daugherty for Ethicon, LLC, re: #14 Amended Short Form Complaint (Cole, Kyla) [Transferred from wvsd on 11/13/2019.] |
| Filing 14 AMENDED SHORT FORM COMPLAINT filed by Angela Daugherty, Jimmy Daugherty against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson,. (Cole, Kyla) (Modified on 1/22/2013 to add defendant) (rea). [Transferred from wvsd on 11/13/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kyla Cole on behalf of Angela Daugherty, Jimmy Daugherty. (Cole, Kyla) [Transferred from wvsd on 11/13/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 11/13/2019.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 11/13/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 9 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 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 11/13/2019.] |
| Filing 6 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 5 SUMMONS ISSUED by the Clerk on behalf of Angela Daugherty, Jimmy Daugherty for Ethicon, Inc., Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from wvsd on 11/13/2019.] |
| Filing 4 SUMMONS SUBMITTED by Angela Daugherty, Jimmy Daugherty for Johnson & Johnson re: #1 Complaint (James, Benedict) [Transferred from wvsd on 11/13/2019.] |
| Filing 3 SUMMONS SUBMITTED by Angela Daugherty, Jimmy Daugherty for Ethicon, Inc. re: #1 Complaint (James, Benedict) [Transferred from wvsd on 11/13/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 10 (Lifting Stay on Discovery) entered on 06/14/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from wvsd on 11/13/2019.] |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 0425-1874233. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from wvsd on 11/13/2019.] |
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