Smith et al v. Ethicon, Inc. et al
| J. Harold Smith and Mary Smith |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 6:2020cv00222 |
| November 3, 2020 |
| 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 |
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Filing 108
ORDER: 1. The Court GRANTS DE #106 ; and 2. In the interest of fairness, the Court also GRANTS Plaintiffs leave to file a notice, within 14 days, citing any responsive or other post-briefing authority (or argument relative to Defendants' supplement) that they would like the Court to consider in evaluating the pending dispositive motion. Signed by Judge Robert E. Wier on 12/30/2020.(KJA)cc: COR
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| Filing 107 RESPONSE in Opposition re #106 MOTION for Leave by Ethicon, Inc., Johnson & Johnson to Note Supplemental Authority filed by J. Harold Smith, Mary Smith. (Thomas, Tad) |
| Filing 106 MOTION for Leave by Ethicon, Inc., Johnson & Johnson to Note Supplemental Authority (Attachments: #1 Proposed Order)(Pope, Susan) Referral text removed on 12/11/2020 (SYD). |
| Filing 105 JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit 1 - MDL DOC 6268 Memo and Order on Daubert Motion re Winkler, #2 Exhibit 2 -MDL Doc 2649 Memo and Order on Daubert Motion re Ulatowski, #3 Appendix A - Relevant Daubert Filings)(Pope, Susan) |
| ***FILE SUBMITTED TO CHAMBERS of ROBERT E. WIER for review: #105 Status Report, (SYD) |
| Filing 104 Mail Returned as Undeliverable. Mail sent to Ben C. Martin re DE #94 . (KJA) |
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Filing 103
ORDER: The Court DENIES WITHOUT PREJUDICE all pending motions and SETS ASIDE any unexpired deadlines; 2. Within 14 days, the parties, by counsel, shall meet, either in person or by telephone, and confer regarding the topics identified below; 3. Within 7 days of the meeting, the parties shall file a joint status report addressing the following topics: a-e. Signed by Judge Robert E. Wier on 11/13/20.(SYD)cc: COR
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Filing 102
ORDER: granting #97 Motion to Withdraw as Attorney. The Clerk SHALL strike Mr. Gage, Ms. Jones, Ms. Sutherland, Ms. Pepke, Mr. Mayes, Ms. Robinson, and Mr. Thomas as counsels of record. Attorney Taylor B. Mayes; Amy Pepke; Amy M. Pepke; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; William M. Gage and Christy D. Jones terminated. Signed by Magistrate Judge Hanly A. Ingram on 11/5/20. (SYD)cc: COR
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Filing 101
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 28:636(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. (SYD)cc: COR,mailed to atty.
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Filing 99
ORDER OF RECUSAL: IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter. The Court hereby DIRECTS the Clerk of Court to reassign the case by random draw to another Judge accepting cases on the London docket pursuant to the General Order governing case assignment. Judge Claria Horn Boom recused. Case reassigned to Judge Robert E. Wier for all further proceedings. Signed by Judge Claria Horn Boom on 11/3/20.(SYD)cc: COR, mailed to attys.
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| Filing 98 FRCP 7.1 DISCLOSURE STATEMENT by Ethicon, Inc., Johnson & Johnson. (Pope, Susan) |
| Filing 97 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (William M. Gage, Christy D. Jones, Kari L. Sutherland, Amy M. Pepke, Taylor B. Mayes, Susan M. Robinson, and David B. Thomas) Motions referred to Hanly A. Ingram. (Attachments: #1 Consent to withdrawal of William M. Gage, Christy D. Jones, Kari L. Sutherland, Amy M. Pepke, Taylor B. Mayes, Susan M. Robinson, and David B. Thomas as counsel, #2 Proposed Order)(Pope, Susan) |
| Filing 96 NOTICE of Appearance by Susan J. Pope on behalf of Ethicon, Inc., Johnson & Johnson (Pope, Susan) |
| Filing 94 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:13-cv-25014. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR via US mail if COR is not an electronic filer in the EDKY. |
| Filing 93 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 4545 Notice of Adoption Prior Daub Resp -Peggy Pence for Wave 5, #2 Exhibit ECF 4543 Plts Memo in Opp to Def Mtn to Exclude Opinion Rosenzweig, #3 Exhibit ECF 4543 - Exhibit 1, #4 Exhibit ECF 4543 - Exhibit 2, #5 Exhibit ECF 4543 - Exhibit 3, #6 Exhibit ECF 4550 Plts Memo in Opp to Defs tn to Exclude Opinions- Dr Rosenzweig, #7 Exhibit ECF 4550 - Exhibit 1, #8 Exhibit ECF 4550 - Exhibit 2, #9 Exhibit ECF 4550 - Exhibit 3)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 92 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3597 Notice of Adoption of Prior Daubert of Peggy Pence, #2 Exhibit ECF 3615 Notice of Adoption Prior Daubert Mtn re Khandwala Wave 4, #3 Exhibit ECF 3725 Notice of Prior Daubert Resp re Wave 4 Ostergard, #4 Exhibit ECF 3729 Notice of Adoption of Pence Daubert Resp, #5 Exhibit ECF 3828 Notice of Adoption Prior Daubert Reply re Dhandwala Wave 4, #6 Exhibit ECF 4345 Notice of Adoption Prior Daubert Mtn re Winkler Wave 5, #7 Exhibit ECF 4353 Notice of Adoption Prior Daubert Mtn re Khandwala Wave 5, #8 Exhibit ECF 4381 Notice of Adoption of Prior Daubert Motion of Thames for Wave 5 Ps, #9 Exhibit ECF 4492 Notice of Adoption of Response to Daubert Mays, #10 Exhibit ECF 4512 Notice of Adoption Prior Daubert Response re Ostergard Wave 5)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 91 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6535 Order Adopting Memo Opinion and Order)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 90 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6357 Memo Opinion and Order - Daubert Mtn re Marshall Shoemaker, MD, #2 Exhibit ECF 6383 Order Adopting Memo and Opin re Khandwala Daubert Wave 5, #3 Exhibit ECF 6441 Order Adopting Memo Opinion re Khandwala daubert Wave 6, #4 Exhibit ECF 6459 Order Adopting Memo Opinion and Order, #5 Exhibit ECF 6461 Order Adopting Memo Opinion and Order - Daubert Ruling re Marshall Shoemaker, MD, #6 Exhibit ECF 6471 ORDER Adopting Memo Opinion re Thames Daubert Wave 6, #7 Exhibit ECF 6494 Order Adopting Memo Opinion and Orderd, #8 Exhibit ECF 6496 Order Adopting Memo and Opinion re Ostergard Daubert Wave 6, #9 Exhibit ECF 6518 Order Adopting Memo and Opinion re Ostergard Daubert Wave 6, #10 Exhibit ECF 6530 Order Adopting Memo Opinion and Order)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 89 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 5154. Order Adopting Memo Opinion re Thames Wave 2, #2 Exhibit ECF 5161 ORDER Adopting Memo and Opinion re Khandwala Daubert wave 2, #3 Exhibit ECF 5162 Order adopting memo and opin re Khandwala Daubert Wave 2, #4 Exhibit ECF 6250 Order Adopting Memo and Opinion re Ostergard daubert wave 4, #5 Exhibit ECF 6271 Order Adopting Memo Opinion and Order, #6 Exhibit ECF 6299 Order Adopting Memo Opinion and Order, #7 Exhibit ECF 6303 ORDER adopting Memo and Opin re Khandwala Daubert wave 1, #8 Exhibit ECF 6337 Order Adopting Memo and Opin re Ostergard Daubert Wave 5, #9 Exhibit ECF 6341 Order Adopting Memo Opinion and Order, #10 Exhibit ECF 6343 ORDER Adopting Memo Opinion re Winkler Daubert Wave 5)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 88 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 4178 Order Adopting memo and order re ostergard Daubert Wave 1, #2 Exhibit ECF 4178 - Exhibit 1, #3 Exhibit ECF 4180 ORDER Adopting Memo and Opinion re Pence Daubert, #4 Exhibit ECF 4180 - Exhibit 1, #5 Exhibit ECF 4185 Order Adopting Memo Opinion and Order, #6 Exhibit ECF 4185 - Exhibit 1, #7 Exhibit ECF 4201 Order Adoption Memo and Opinion re Thames Wave 3 daubert (1), #8 Exhibit ECF 4220 Order re Ps Wave 3 M2Strike Thames Supp Reports, #9 Exhibit ECF 4220 - Exhibit 1)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Conflict Check run. (MRS) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #97 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (William M. Gage, Christy D. Jones, Kari L. Sutherland, Amy M. Pepke, Taylor B. Mayes, Susan M. Robinson, and David B. Thomas) (SYD) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Robert P. Tremp, Jr., #48 MOTION by J. Harold Smith, Mary Smith to Exclude Specific Causation Opinions of Marshall D. Shoemaker, M.D., #44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment, #42 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment, #47 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Supplemental ReportMOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions of Donald R. Ostergard, M.D. (MRS) |
| Attorney Update. Attorney Lori E. Hammond for Ethicon, Inc.,Lori E. Hammond for Johnson & Johnson added. (SYD) |
| Filing 87 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 3510 ORDER Adopting Memo and Order re Pence Daubert, #2 Exhibit ECF 3511 ORDER adopting Memo and Opin re Ostergard Daubert, #3 Exhibit ECF 3514 - Order Adopting Mays Ruling, #4 Exhibit ECF 3514 Order Adopting Memo Opinion and Order, #5 Exhibit ECF 3529 Order Re Ps M2Strike Thames Supp Reports Wave 3, #6 Exhibit ECF 3530. Order re Wave 2 Ps M2Strike Thames Supp Reports, #7 Exhibit ECF 3536 Order Adopting memo and Opinion re Thames Daubert, #8 Exhibit ECF 3557 Order Adopting Memo and Opin re Khandwala daubert Wave 2, #9 Exhibit ECF 4170 Order adopting Memo and Opin re Khandwala daubert Wave 1, #10 Exhibit ECF 4170 - Exhibit 1)(Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 86 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2882- Exhibit D, #2 Exhibit ECF 2882 - Exhibit E, #3 Exhibit ECF 2882 - Exhibit F, #4 Exhibit ECF 2891 Plts Resp to Defs Mtn to Exclude the Test and Opinions of Dr Mays, #5 Exhibit ECF 2891 Exhibit 1, #6 Exhibit ECF 2891 Exhibit 2, #7 Exhibit ECF 2891 Exhibit 3, #8 Exhibit ECF 2891 Exhibit 4)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 85 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2880- Exhibit 3, #2 Exhibit ECF 2880- Exhibit 4, #3 Exhibit ECF 2880- Exhibit 5, #4 Exhibit ECF 2880- Exhibit 6, #5 Exhibit ECF 2882 Ps M2Strike Supp Reports, #6 Exhibit ECF 2882 - Exhibit A, #7 Exhibit ECF 2882 - Exhibit B, #8 Exhibit ECF 2882 - Exhibit C)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 84 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2844- Exhibit 15, #2 Exhibit ECF 1872 - Exhibit 16, #3 Exhibit ECF 2844 - Exhibit 17, #4 Exhibit ECF 2844 - Exhibit 18, #5 Exhibit ECF 2848 Memo of Law in Support of Mtn To Exclud Opinion and Test of Dr Mays, #6 Exhibit ECF 2880 Ps M2Strike Thames Supp Report, #7 Exhibit ECF 2880 - Exhibit 1, #8 Exhibit ECF 2880 - Exhibit 2)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 83 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2844- Exhibit 7, #2 Exhibit ECF 2844 - Exhibit 8, #3 Exhibit ECF 2844 - Exhibit 9, #4 Exhibit ECF 2844 - Exhibit 10, #5 Exhibit ECF 2844 - Exhibit 11, #6 Exhibit ECF 2844 - Exhibit 12, #7 Exhibit ECF 2844 - Exhibit 13, #8 Exhibit ECF 2844 - Exhibit 14)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 82 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2723. ORDER re Thames Daubert, #2 Exhibit ECF 2728. Memo and ORDER re Khandwala Daubert, #3 Exhibit ECF 2781. NOA Prior Daubert re Khandwala Wave 3, #4 Exhibit ECF 2781. NOA Prior Daubert re Khandwala Wave 3, #5 Exhibit ECF 2844 - Exhibit 1, #6 Exhibit ECF 2844 - Exhibit 2, #7 Exhibit ECF 2844 - Exhibit 3, #8 Exhibit ECF 2844 - Exhibit 4, #9 Exhibit ECF 2844 - Exhibit 5, #10 Exhibit ECF 2844 - Exhibit 6)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 81 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit 2516 Notice of Adoption of Prior Daubert Responses, #2 Exhibit ECF 2520 Wave Ps Mtn to Limit Opinions of Khandwala, #3 Exhibit ECF 2522 NOA of Prior Daubert Resp re Ostergard Wave 2, #4 Exhibit ECF 2523 No Adoption of Prior Daubert Resp to Pence, #5 Exhibit ECF 2646 Memo Opinion and Order, #6 Exhibit ECF 2664 ORDER re Pence Daubert, #7 Exhibit ECF 2683. ORDER re Ostergard daubert)(Martin, Ben) (Modified on 11/3/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 80 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 1872- COS Plt Ntc -Peggy Pence, #2 Exhibit ECF 1872 - Exhibit 1, #3 Exhibit ECF 1872 - Exhibit 2, #4 Exhibit ECF 1872 - Exhibit 3, #5 Exhibit ECF 1900 - COS of Supp Report of Pence - TVT and TVTO, #6 Exhibit ECF 1901 - COS of Supp Report of Pence - Prosima and Prolift, #7 Exhibit ECF 2420 - P's M2 Limit Opinions by Khandwala, #8 Exhibit ECF 2420 - Exhibit 1, #9 Exhibit ECF 2423 - Plt Mtn to Limit Opinion - Khandwala, #10 Exhibit ECF 2423 - Exhibit 2, #11 Exhibit ECF 2430 - Memo Support Plt Mtn to Limit - Khandwala)(Martin, Ben) (Modified on 11/3/2020 to add party filers)(mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 79 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2646) Memorandum Opinion and Order Regarding Jimmy Mays, #2 Exhibit MDL ECF (2664) Memorandum Opinion and Order regarding Peggy Pence, #3 Exhibit MDL ECF (2683) Memorandum Opinion and Order Regarding Donald Ostergard, #4 Exhibit MDL ECF (3510) Order Adopting Memorandum Opinion and Order Regarding Peggy Pence, #5 Exhibit MDL ECF (3511) Order Adopting Memorandum Opinion and Order Regarding Donald Ostergard, #6 Exhibit MDL ECF (3514) Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #7 Exhibit MDL ECF (4178) - Order Adopting Memorandum Opinion and Order Regarding Donald Ostergard, #8 Exhibit MDL ECF (4180) Order Adopting Memorandum Opinion and Order Regarding Peggy Pence, #9 Exhibit MDL ECF (4185) Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #10 Exhibit MDL ECF (6250) - Order Adopting Memorandum Opinion and Order Regarding Donald Ostergard, #11 Exhibit MDL ECF (6271) - Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #12 Exhibit MDL ECF (6299) Order Adopting Memorandum Opinion and Order Regarding Peggy Pence, #13 Exhibit MDL ECF (6337) - Order Adopting Memorandum Opinion and Order Regarding Donald Ostergard, #14 Exhibit MDL ECF (6341) - Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #15 Exhibit MDL ECF (6459) - Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #16 Exhibit MDL ECF (6494) - Order Adopting Memorandum Opinion and Order Regarding Peggy Pence, #17 Exhibit MDL ECF (6496) - Order Adopting Memorandum Opinion and Order Regarding Donald Ostergard, #18 Exhibit MDL ECF (6530) - Order Adopting Memorandum Opinion and Order Regarding Jimmy Mays, #19 Exhibit MDL ECF (6535) - Order Adopting Memorandum Opinion and Order Regarding Peggy Pence)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 78 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (3671) - Pls Mot to Exclude Harvey Winkler, #2 Exhibit MDL ECF (3675) - Pls' Mem in Support of Mot to Exclude Harvey Winkler, #3 Exhibit MDL ECF (3784) Defs Resp to Pls' Mot to Exclude Harvey Winkler, #4 Exhibit MDL ECF (3863) Pls Reply in Support of Mot to Exclude Harvey Winkler, #5 Exhibit MDL ECF (8517) - Notice of Adoption of Pls Mot to Exclude Harvey Winkler, #6 Exhibit MDL ECF (8622) - Notice of Adoption of Defs Resp to Mot to Exclude Harvey Winkler)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 77 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 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 Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (7346) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #6 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (8529) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8623) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 76 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Support 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 (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (8071) Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8557) Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8644) - Notice of Adoption of Defs' Resp to Mot to Exclude Shelby Thames)(Gage, William) (Modified on 11/2/2020 to add party filers)(mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 75 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (4328) - Pls' Mot to Exclude Marshall Shoemaker, #2 Exhibit MDL ECF (4329) Pls Mem in Support of Mot to Exclude Marshall Shoemaker, #3 Exhibit MDL ECF (4551) Defs Resp to Pls' Mot to Exclude Marshall Shoemaker, #4 Exhibit MDL ECF (8510) - Notice of Adoption of Pls' Mot to Exclude Marshall Shoemaker, #5 Exhibit MDL ECF (8640) - Notice of Adoption of Defs' Resp to Mot to Exclude Marshall Shoemaker)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 74 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (6887) - Pls' Mot to Exclude Catherine Matthews, #2 Exhibit MDL ECF (6897) - Pls' Mem in Support of Mot to Exclude Catherine Matthews, #3 Exhibit MDL ECF (7027) Defs Resp to Pls' Mot to Exclude Catherine Matthews, #4 Exhibit MDL ECF (8497) - Notice of Adoption of Pls' Mot to Exclude Catherine Matthews, #5 Exhibit MDL ECF (8629) - Notice of Adoption of Defs' Resp to Mot to Exclude Catherine Matthews)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 73 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2003) - Pls' Mot to Exclude Salil Khandwala, #2 Exhibit MDL ECF (2004) Pls Mem in Support of Mot to Exclude Salil Khandwala, #3 Exhibit MDL ECF (2175) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2469) Pls Amended Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2470) Pls Amended Mem in Support of Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2618) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2925) Defs Resp to Pls' Mot to Exclude Salil Khandwala, #9 Exhibit MDL ECF (8494) - Notice of Adoption of Pls' Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (8634) - Notice of Adoption of Defs' Resp Regarding Salil Khandwala)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 72 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8531) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8596) - Notice of Adoption of Pls' Resp of Peggy Pence)(Gage, William) (Modified on 11/2/2020 to add party filer) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 71 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (1996) - Defs' Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2814) - Defs' Mot to Exclude Donald Ostergard, #6 Exhibit MDL ECF (2816) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2950) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (3011) Defs Reply in Support of Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (8537) - Notice of Adoption of Defs' Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (8594) - Notice of Adoption of Pls' Resp to Mot to Exclude Donald Ostergard)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 70 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #69 CONTINUED, MDL ECF (2071) Part 1 - Defs Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8521) - Notice of Adoption of Defs' Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (8591) - Notice of Adoption of Pls' Resp to Mot to Exclude Jimmy Mays)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 69 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 (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 11/2/2020 to add party filers) (mk). [Transferred from wvsd on 11/3/2020.] |
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Filing 68
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 11/3/2020 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 11/2/2020 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 10/20/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from wvsd on 11/3/2020.]
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Filing 67
ORDER The #63 Motion to Strike Defendants' Non-Retained Experts in Violation of the Court's Pretrial Order # 328 is GRANTED in part to the extent plaintiffs seek an order striking the experts identified by defendants in excess of five each and is otherwise DENIED. Signed by Judge Joseph R. Goodwin on 10/19/2020. (cc: counsel of record; any unrepresented party) (kew) [Transferred from wvsd on 11/3/2020.]
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| Filing 66 REPLY by J. Harold Smith, Mary Smith to #65 Response In Opposition. (Attachment: #1 Exhibit A)(Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 65 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #63 MOTION by J. Harold Smith, Mary Smith to Strike (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 64 MEMORANDUM by J. Harold Smith, Mary Smith in support of #63 MOTION by J. Harold Smith, Mary Smith to Strike (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 63 MOTION by J. Harold Smith, Mary Smith to Strike (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 62 REPLY by J. Harold Smith, Mary Smith to #54 Response In Opposition. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 61 REPLY by Ethicon, Inc., Johnson & Johnson to #55 Response In Opposition. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 60 REPLY by Ethicon, Inc., Johnson & Johnson to #56 Response In Opposition. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 59 REPLY by Ethicon, Inc. to #52 Response In Opposition. (Gage, William) (Modified on 9/5/2019 to remove party filer)(mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 58 EXHIBITS by J. Harold Smith, Mary Smith in support of #52 Response In Opposition (Attachment: #1 Exhibit B)(Baughman, Laura) (Modified on 9/3/2019 to remove link to #53 Motion)(slr). [Transferred from wvsd on 11/3/2020.] |
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Filing 57
ORDER denying #53 MOTION by J. Harold Smith, Mary Smith to Seal Exhibits A and B in Support of Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment. Signed by Judge Joseph R. Goodwin on 8/30/2019. (cc: attys; any unrepresented party) (st) [Transferred from wvsd on 11/3/2020.]
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| Filing 56 RESPONSE by J. Harold Smith, Mary Smith in opposition to #47 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Late Supplemental Report and MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions of Donald R. Ostergard, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Baughman, Laura) . [Transferred from wvsd on 11/3/2020.] |
| NOTICE OF DOCKET CORRECTION re: #55 RESPONSE by J. Harold Smith, Mary Smith in opposition to #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Robert P. Tremp, Jr. (Attachments: # 1 Exhibit A) ERROR: Incorrect image of Exhibit 1 attached. CORRECTION: Incorrect image removed and replaced. (slr) [Transferred from wvsd on 11/3/2020.] |
| Filing 55 RESPONSE by J. Harold Smith, Mary Smith in opposition to #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Robert P. Tremp, Jr. (Attachments: #1 Exhibit A)(Baughman, Laura) (Modified on 8/30/2019 to remove and replace incorrect image of attachment) (slr). [Transferred from wvsd on 11/3/2020.] |
| Filing 54 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in opposition to #48 MOTION by J. Harold Smith, Mary Smith to Exclude Specific Causation Opinions of Marshall D. Shoemaker, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 53 MOTION by J. Harold Smith, Mary Smith to Seal Exhibits A and B in Support of Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit A - Unredacted, #3 Exhibit B - Redacted, #4 Exhibit B - Unredacted)(Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 52 RESPONSE by J. Harold Smith, Mary Smith in opposition to #44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit K)(Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 51 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in Support of #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Robert P. Tremp, Jr. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Robert P. Tremp, Jr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, [Transferred from wvsd on 11/3/2020.] |
| Filing 49 MEMORANDUM by J. Harold Smith, Mary Smith in Support of #48 MOTION by J. Harold Smith, Mary Smith to Exclude Specific Causation Opinions of Marshall D. Shoemaker, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 48 MOTION by J. Harold Smith, Mary Smith to Exclude Specific Causation Opinions of Marshall D. Shoemaker, M.D. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 47 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Supplemental Report and MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Opinions of Donald R. Ostergard, M.D. and Supporting Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 46 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson re: #42 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment, #43 Memorandum In Support (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 45 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in Support of #44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 43 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in Support of #42 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 42 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Gage, William) [Transferred from wvsd on 11/3/2020.] |
| NOTICE OF DOCKET CORRECTION re: #40 Motion and #41 Memorandum. ERROR: Documents filed in incorrect civil action. CORRECTION: Images removed. (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 41 INCORRECT ENTRY; IMAGE REMOVED (Modified on 8/14/2019 to remove image filed in incorrect civil action) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 40 INCORRECT ENTRY; IMAGE REMOVED (Modified on 8/14/2019 to remove image filed in incorrect civil action) (mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 39 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #38 AMENDED NOTICE OF DEPOSITION by J. Harold Smith, Mary Smith of Marshall Shoemaker, MD on 8.6.19 at 2:00 p.m. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 38 AMENDED NOTICE OF DEPOSITION by J. Harold Smith, Mary Smith of Marshall Shoemaker, MD on 8.6.19 at 2:00 p.m. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 37 NOTICE OF DEPOSITION by J. Harold Smith, Mary Smith of Dr. Marshall Shoemaker, MD on 8.6.19 at 12:30 p.m. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 36 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on TBD at TBD (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 35 Plaintiff's Objections to #33 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Donald Ostergard, M.D. on 7/19/2019 at 11:00 a.m. (Baughman, Laura) (Modified on 7/18/2019 to convert event to response in opposition)(mk). [Transferred from wvsd on 11/3/2020.] |
| Filing 34 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Donald Ostergard, M.D. on 7/19/2019 at 10:30 a.m. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 33 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Donald Ostergard, M.D. on 7/19/2019 at 11:00 a.m. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 32 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Laura J. Baughman updating name and/or firm information on behalf of J. Harold Smith, Mary Smith. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 30 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Harold Smith on June 26, 2019 at 1:00 p.m. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Mary Smith on June 26, 2019 at 9:00 a.m. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
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Filing 28
ORDER The construed #24 Motion to Dismiss is GRANTED; Ethicon, LLC is dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 6/4/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from wvsd on 11/3/2020.]
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| Filing 27 CERTIFICATE OF SERVICE by J. Harold Smith, Mary Smith for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 26 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson re: #24 Notice of Voluntary Dismissal - Rule 41 (Robinson, Susan) [Transferred from wvsd on 11/3/2020.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Thomas Mechas, M.D. on 06/27/2019 at 1:00 pm (Attachments: #1 Exhibit Pretrial Order 38 Deposition Protocol, #2 Exhibit Subpoena to Testify at a Deposition to Thomas Mechas, MD)(Mayes, Taylor) [Transferred from wvsd on 11/3/2020.] |
| Filing 24 NOTICE OF VOLUNTARY DISMISSAL Without Prejudice by J. Harold Smith, Mary Smith pursuant to Rule 41, Federal Rules of Civil Procedure (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura J. Baughman on behalf of J. Harold Smith, Mary Smith. (Baughman, Laura) [Transferred from wvsd on 11/3/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Responses to Plaintiff's Interrogatories, Requests for Production and Requests for Admissions. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Taylor B. Mayes on behalf of Ethicon, Inc., Johnson & Johnson. (Mayes, Taylor) [Transferred from wvsd on 11/3/2020.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Harold Smith on May 24, 2019 at 1:00 p.m. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Mary Smith on May 24, 2019 at 9:00 a.m. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by J. Harold Smith, Mary Smith for First Set of Interrogatories, Requests for Admission, and Requests for Production. (Martin, Ben) [Transferred from wvsd on 11/3/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for Ethicon Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Amy Pepke on behalf of Ethicon, Inc., Johnson & Johnson. (Pepke, Amy) [Transferred from wvsd on 11/3/2020.] |
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Filing 15
PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 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 Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from wvsd on 11/3/2020.]
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Filing 14
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 11/3/2020.]
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Filing 13
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) (mms) [Transferred from wvsd on 11/3/2020.]
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Filing 12
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (mek) (ADI) [Transferred from wvsd on 11/3/2020.]
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Filing 11
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 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 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (kp) (ADI) [Transferred from wvsd on 11/3/2020.]
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Filing 10
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. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 3/31/2018; 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. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4797 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 12/7/2017. (cc: attys; any unrepresented party) (kab) [Transferred from wvsd on 11/3/2020.]
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| Filing 9 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 11/3/2020.] |
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Filing 8
ORDER granting MOTION filed in MDL 2327 by Ben C. Martin and The Law Office of Ben C. Martin and Raymond L. Panneton and The Talaska Law Firm, PLLC to be Substituted as Counsel in place of attorney Russell T. Button who is granted leave to withdraw as counsel; the Clerk is directed to update the attorney information as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 4/20/2015. (cc: attys; any unrepresented party) (klc) [Transferred from wvsd on 11/3/2020.]
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| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 11/3/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 11/3/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 11/3/2020.] |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Ethicon, LLC, re: #1 Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (skh) [Transferred from wvsd on 11/3/2020.] |
| Filing 3 SUMMONS SUBMITTED by Mary Smith, J. Harold Smith for Ethicon, LLC, re: #1 Short Form Complaint (Button, Russell) [Transferred from wvsd on 11/3/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 76 (Final Order Regarding Severance of Actions) entered on 10/10/2013 in MDL 2327 to attorneys in member case. (cbo) [Transferred from wvsd on 11/3/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2704226. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from wvsd on 11/3/2020.] |
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