Ashbrook v. Ethicon, Inc.
| James Ashbrook and Iretta Lynn Ashbrook |
| Ethicon, Inc. |
| 6:2020cv00140 |
| July 1, 2020 |
| US District Court for the Eastern District of Kentucky |
| Karen K Caldwell |
| Hanly A Ingram |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 61
ORDER: This matter was originally part of a Multidistrict Litigation (MDL) brought in the Southern District of West Virginia. On July 1, 2020, the case was transferred to this district for all further proceedings. Based on the foregoing, the Court HEREBY ORDERS as follows: (1) The following motions are DENIED AS MOOT: DE #33 , DE #35 , DE #37 , and DE #39 . (2) This matter is set for a TELEPHONIC STATUS CONFERENCE on 9/16/2020 at 10:30 AM. See Order for dial in instructions. Please dial in a few minutes before the conference is scheduled to begin. Signed by Judge Karen K. Caldwell on 8/27/2020.(MM)cc: COR, Lex Diary
|
| ***MOTION SUBMITTED TO CHAMBERS of Karen K. Caldwell for review: re #39 MOTION by Ethicon, Inc. to Limit or Exclude the Case-Specific Opinions and Testimony of Darlene Carruthers, M.Ed., CRC, CDMS, CCM, FIALCP and Frederick Raffa, Ph.D., #35 MOTION by Ethicon, Inc. to Exclude the Case-Specific Opinions and Testimony of Lennox Hoyte, M.D., #37 MOTION by Ethicon, Inc. to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D., #33 MOTION by Ethicon, Inc. for Partial Summary Judgment (MRS) |
|
Filing 60
ORDER re #58 MOTION to Withdraw as Attorney by Ethicon, Inc.: IT IS HEREBY ORDERED that the Motion shall be GRANTED.William M. Gage, Christy D. Jones, Kari L. Sutherland, Susan M. Robinson, and David B. Thomas are withdrawn as counsel of record and will receive no further electronic notice in this case. Signed by Judge Karen K. Caldwell on 7/27/2020.(MM)cc: COR
|
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #58 MOTION to Withdraw as Attorney by Ethicon, Inc. (William M. Gage, Christy D. Jones, Kari L. Sutherland, Susan M. Robinson, and David B. Thomas) (MM) |
| Filing 59 FRCP 7.1 DISCLOSURE STATEMENT by Ethicon, Inc.. (Pope, Susan) |
| Filing 58 MOTION to Withdraw as Attorney by Ethicon, Inc. (William M. Gage, Christy D. Jones, Kari L. Sutherland, Susan M. Robinson, and David B. Thomas) Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit 1 - Consent to Withdrawal (William M. Gage, Christy D. Jones, Kari L. Sutherland, Susan M. Robinson, and David B. Thomas), #2 Proposed Order)(Pope, Susan) |
| Filing 57 NOTICE of Appearance by Susan J. Pope on behalf of Ethicon, Inc. (Pope, Susan) |
| Filing 55 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:13-cv-10672. Original file, certified copy of transfer order and docket sheet received electronically. Docket sheet mailed to Michael Goetz |
| Conflict Check run. (MRS) |
| Filing 54 NOTICE of Corrected Documents ECF (2553) Parties' Joint Designation of Non-PTO Filings From 2:12-MD-2327 by Ethicon, Inc. re: #52 Designation of Record for MDL transfers (Attachments: #1 Exhibit ECF #56 CONTINUED, MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #2 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #3 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf)(Robinson, Susan) (Modified on 6/30/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2649) Memorandum Opinion and Order - Daubert Motion re Timothy Ulatowski, #6 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #8 Exhibit MDL ECF (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #9 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan)(Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 52 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2723) Memorandum Opinion and Order - Daubert Motion re Shelby Thames, #13 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8071) - Pls' Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8791) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #21 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) (Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 51 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2479) - Pls' Mot to Exclude Larry Sirls, #2 Exhibit MDL ECF (2480) - Pls' Mem in Support of Mot to Exclude Larry Sirls, #3 Exhibit MDL ECF (2936) - Defs' Resp to Pls' Mot to Exclude Larry Sirls, #4 Exhibit MDL ECF (3288) - Pls' Reply in Support of Mot to Exclude Larry Sirls, #5 Exhibit MDL ECF (3549) Memorandum Opinion and Order - Daubert regarding Larry Sirls, #6 Exhibit MDL ECF (8750) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Larry Sirls, #7 Exhibit MDL ECF (8894) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Larry Sirls)(Robinson, Susan) (Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 50 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2087) - Pls' Mot to Exclude Kimberly Kenton, #2 Exhibit MDL ECF (2088) - Pls' Mem in Support of Mot to Exclude Kimberly Kenton, #3 Exhibit MDL ECF (2132) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton, #4 Exhibit MDL ECF (2244) - Pls' Reply in Support of Mot to Exclude Kimberly Kenton, #5 Exhibit MDL ECF (2939) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton, #6 Exhibit MDL ECF (8726) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Kimberly Kenton, #7 Exhibit MDL ECF (8816) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Kimberly Kenton)(Robinson, Susan) (Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 49 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (8793) - Defs' Mot to Exclude Lennox Hoyte, #2 Exhibit MDL ECF (8794) - Defs' Mem in Support of Mot to Exclude Lennox Hoyte, #3 Exhibit MDL ECF (8911) - Pls' Resp to Defs' Mot to Exclude Lennox Hoyte)(Robinson, Susan) (Modified on 6/29/2020 to add party filer)(mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 48 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #47 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2668) Memorandum Opinion and Order - Daubert Motion re Bruce Rosenzweig, #9 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
| Filing 47 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) - First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (262) - Short Form Complaint, #4 Exhibit MDL ECF (263) - Amended Short Form Complaint, #5 Exhibit MDL ECF (756) Pretrial Order 63, #6 Exhibit MDL ECF (7950) Pretrial Order 337, #7 Exhibit Pls' Gen Expert Disclosure)(Robinson, Susan) (Modified on 6/29/2020 to add party filer) (mk). [Transferred from wvsd on 7/1/2020.] |
|
Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that the Order and Suggestion of Remand in MDL 2327 at ECF No. 9144 is VACATED; on 07/01/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 6/30/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 45
VACATED PURSUANT TO THE #46 TRANSFER ORDER ENTERED ON 6/17/2020: ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/24/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw) (Modified on 6/18/2020 to note order has been vacated) (kew). [Transferred from wvsd on 7/1/2020.]
|
| NOTICE OF DOCKET CORRECTION re: #42 RESPONSE by Iretta Lynn Ashbrook in opposition to #39 MOTION by Ethicon, Inc. to Limit or Exclude the Case-Specific Opinions and Testimony of Darlene Carruthers, M.Ed., CRC, CDMS, CCM, FIALCP and Frederick Raffa, Ph.D. ERROR: Incorrect images of Exhibits 1 and 2 attached. CORRECTION: Removed and replaced images of Exhibits 1 and 2. (slr) [Transferred from wvsd on 7/1/2020.] |
| NOTICE OF DOCKET CORRECTION re: #43 RESPONSE by Iretta Lynn Ashbrook in opposition to #37 MOTION by Ethicon, Inc. to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. ERROR: Incorrect image of Exhibit 1 attached. CORRECTION: Removed and replaced Exhibit 1. (slr) [Transferred from wvsd on 7/1/2020.] |
| Filing 44 RESPONSE by Iretta Lynn Ashbrook in opposition to #35 MOTION by Ethicon, Inc. to Exclude the Case-Specific Opinions and Testimony of Lennox Hoyte, M.D. (Attachments: #1 Exhibit 1 - Report of Lennox Hoyte, M.D., #2 Exhibit 2 - Deposition of Lennox Hoyte, M.D., 10/22/2019)(Conley, Shea) (Modified on 11/20/2019 to remove link to #36 memorandum in support)(slr). [Transferred from wvsd on 7/1/2020.] |
| Filing 43 RESPONSE by Iretta Lynn Ashbrook in opposition to #37 MOTION by Ethicon, Inc. to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit 1 - Rosenzweig Report, #2 Exhibit 2 - Finau & Soderbert Article, #3 Exhibit 3 - Deposition of Bruce Alan Rosenzweig, M.D., 10/03/2019)(Conley, Shea) (Modified on 11/20/2019 to remove link to #38 memorandum in support, and to remove and replace exhibit 1)(slr). [Transferred from wvsd on 7/1/2020.] |
| Filing 42 RESPONSE by Iretta Lynn Ashbrook in opposition to #39 MOTION by Ethicon, Inc. to Limit or Exclude the Case-Specific Opinions and Testimony of Darlene Carruthers, M.Ed., CRC, CDMS, CCM, FIALCP and Frederick Raffa, Ph.D. (Attachments: #1 Exhibit 1 - Carruthers Report, #2 Exhibit 2 - Raffa Report, #3 Exhibit 3 - E-mail from Defense Counsel to Plaintiff's Counsel, 10/29/2019, #4 Exhibit 4 - E-mails from Plaintiff's Counsel to Defense Counsel, 11/14/2019, #5 Exhibit 5 - Dr. Carruthers' Curriculum Vitae)(Conley, Shea) (Modified on 11/20/2019 to remove link to #40 memorandum in support, and to remove and replace images of Exhibits 1 and 2)(slr). [Transferred from wvsd on 7/1/2020.] |
| Filing 41 RESPONSE by Iretta Lynn Ashbrook in opposition to #33 MOTION by Ethicon, Inc. for Partial Summary Judgment (Attachment: #1 Exhibit A: Plaintiff's Deposition Transcript Excerpt, 111:4-14)(Conley, Shea) (Modified on 11/17/2019 to remove link to #34 memorandum) [Transferred from wvsd on 7/1/2020.] |
| Filing 40 MEMORANDUM by Ethicon, Inc. in support of #39 MOTION by Ethicon, Inc. to Limit or Exclude the Case-Specific Opinions and Testimony of Darlene Carruthers, M.Ed., CRC, CDMS, CCM, FIALCP and Frederick Raffa, Ph.D. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 39 MOTION by Ethicon, Inc. to Limit or Exclude the Case-Specific Opinions and Testimony of Darlene Carruthers, M.Ed., CRC, CDMS, CCM, FIALCP and Frederick Raffa, Ph.D. (Attachments: #1 Exhibits A - H)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 38 MEMORANDUM OF LAW by Ethicon, Inc. in support of #37 MOTION by Ethicon, Inc. to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 37 MOTION by Ethicon, Inc. to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibits A - C)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 36 MEMORANDUM by Ethicon, Inc. in support of #35 MOTION by Ethicon, Inc. to Exclude the Case-Specific Opinions and Testimony of Lennox Hoyte, M.D. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 35 MOTION by Ethicon, Inc. to Exclude the Case-Specific Opinions and Testimony of Lennox Hoyte, M.D. (Attachments: #1 Exhibit A - G)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 34 MEMORANDUM by Ethicon, Inc. in Support of #33 MOTION by Ethicon, Inc. for Partial Summary Judgment (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 33 MOTION by Ethicon, Inc. for Partial Summary Judgment (Attachments: #1 Exhibit A-B)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 32 NOTICE OF DEPOSITION by Ethicon, Inc. of Dr. Lennox Hoyte on 10/22/19 at 9:00 a.m. ET (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 31 NOTICE OF DEPOSITION by Ethicon, Inc. of Dr. Bruce Rosenzweig on 10/3/19 at 9:00 a.m. CT (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 30 CERTIFICATE OF SERVICE by Ethicon, Inc. for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 29 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Iretta Lynn Ashbrook for Rule 26 Expert Disclosure. (Conley, Shea) [Transferred from wvsd on 7/1/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Iretta Lynn Ashbrook for Responses to Defendant, Ethicon, Inc.'s, Interrogatories, Requests for Admissions, and Requests for Production of Documents. (Conley, Shea) [Transferred from wvsd on 7/1/2020.] |
| Filing 25 CERTIFICATE OF SERVICE by Iretta Lynn Ashbrook for First Set of Interrogatories, Requests for Admissions, and Requests for Production of Documents Propounded Upon Defendant, Ethicon, Inc.. (Conley, Shea) [Transferred from wvsd on 7/1/2020.] |
| Filing 24 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Iretta Ashbrook on 7/15/19 at 9:00 a.m. EDT (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE by Shea W. Conley on behalf of Iretta Lynn Ashbrook. (Conley, Shea) [Transferred from wvsd on 7/1/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE by Timothy Michael Morgan on behalf of Iretta Lynn Ashbrook. (Morgan, Timothy) [Transferred from wvsd on 7/1/2020.] |
| Plaintiff James Ashbrook terminated pursuant to the #20 Stipulation of Dismissal. (mms) [Transferred from wvsd on 7/1/2020.] |
| Filing 20 STIPULATION OF DISMISSAL as to James Ashbrook With Prejudice by Iretta Lynn Ashbrook, James Ashbrook, Ethicon, Inc. (Goetz, Michael) (Modified on 5/31/2019 to add party filer) (lca). [Transferred from wvsd on 7/1/2020.] |
| Filing 19 NOTICE Of Withdrawal As Counsel (Laura V. Yaeger) by Iretta Lynn Ashbrook, James Ashbrook (Goetz, Michael) [Transferred from wvsd on 7/1/2020.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Goetz on behalf of Iretta Lynn Ashbrook. (Goetz, Michael) [Transferred from wvsd on 7/1/2020.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Goetz on behalf of Iretta Lynn Ashbrook. (Goetz, Michael) [Transferred from wvsd on 7/1/2020.] |
| Filing 16 PLAINTIFF FACT SHEET filed by Iretta Lynn Ashbrook, James Ashbrook. (Goetz, Michael) [Transferred from wvsd on 7/1/2020.] |
|
Filing 15
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (1) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; (2) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (ADI) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 14
INACTIVE DOCKET ORDER Having been advised by counsel that in the case(s) listed on the attached Exhibit(s), the plaintiff(s) and Ethicon, Inc. have agreed to a settlement model. The Court having found the proposed inactive docket order was filed with the Clerk's office on or before 10/31/2018, pursuant to a PTO, the Court ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk place the case(s) listed on the attached Exhibit(s) on the pending inactive docket, 3) Plaintiff(s) and defendant may submit an agreed order of dismissal with prejudice on or before 4/29/2019; if settlements are not finalized and dismissal orders are not submitted by then, any case remaining on an inactive docket will be moved to the active docket and placed on a shortened Docket Control Order. Counsel for plaintiff(s) and defendant(s) are directed to provide quarterly reports as to their progress. The Court will reinstate any case on the attached Exhibit(s) 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. 5749. Signed by Judge Joseph R. Goodwin on 10/30/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (jsa) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 13
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 12
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (hkl) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 11
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 8/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5749 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 5/25/2018. (cc: counsel of record; any unrepresented party) (mek) (ADI) [Transferred from wvsd on 7/1/2020.]
|
|
Filing 10
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from wvsd on 7/1/2020.]
|
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Dr. William E. Viner on 4/25/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from wvsd on 7/1/2020.] |
| Filing 8 PLAINTIFF PROFILE FORM filed by Iretta Lynn Ashbrook, James Ashbrook. (Yaeger, Laura) [Transferred from wvsd on 7/1/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc.. (Sutherland, Kari) [Transferred from wvsd on 7/1/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc.. (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc.. (Jones, Christy) [Transferred from wvsd on 7/1/2020.] |
| Filing 4 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Kris Douglas Mullins on behalf of Iretta Lynn Ashbrook, James Ashbrook. (Mullins, Kris) [Transferred from wvsd on 7/1/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc.. (Thomas, David) [Transferred from wvsd on 7/1/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 45 (Preservation Order) entered on 04/25/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from wvsd on 7/1/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2402339. (Attachment: #1 Civil Cover Sheet) (jls) [Transferred from wvsd on 7/1/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
