Burgin et al v. Ethicon, Inc. et al
| Elizabeth Burgin and Lewis Burgin |
| Ethicon, Inc., Johnson & Johnson and Ethicon, LLC |
| 3:2020cv00111 |
| February 11, 2020 |
| US District Court for the Western District of Kentucky |
| Charles R Simpson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ATTORNEY NOTICE of Deficiency issued to Attorney William M. Gage re #33 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 2/26/2020. (JM)
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Filing 37
ATTORNEY NOTICE of Deficiency issued to Attorney Susan M. Robinson re #33 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 2/26/2020. (JM)
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Filing 36
ATTORNEY NOTICE of Deficiency issued to Attorney Christy D. Jones re #33 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 2/26/2020. (JM)
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Filing 35
ATTORNEY NOTICE of Deficiency issued to Attorney Kari L. Sutherland re #33 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 2/26/2020. (JM)
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Filing 34
Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson, III. (JM)
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Filing 33
Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-21112. Original file certified copy of transfer order and docket sheet received. (JM)
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Filing 32
CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring this action to the USDC/Western District of Kentucky the coordinated or consolidated pretrial proceedings on this conditional remand order have been completed and remand to the transferor court, as provided in 28 U.S.C. 1407(a), is appropriate; this action is remanded to the transferor court. Signed by John W. Nichols, Clerk of the Panel on 2/10/2020. (cc: attys) (kew) [Transferred from wvsd on 2/11/2020.]
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Filing 31
JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Complaint, #2 Exhibit ECF 239 - Ethicon, Inc.'s Answer to Complaint, #3 Exhibit ECF 240 - Ethicon, LLC's Answer to Complaint, #4 Exhibit ECF 241 - Johnson & Johnson's Answer, #5 Exhibit ECF 262 - Short Form Complaint, #6 Exhibit ECF 263 - Amended Short Form Complaint)(Gage, William) (Modified on 1/29/2020 to add party filers) (mk). [Transferred from wvsd on 2/11/2020.]
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Filing 30
ORDER AND SUGGESTION OF REMAND directing that on or before 01/28/2020, the parties are ORDERED to confer and to file in the cases listed on Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk of this court is to remand the cases listed on Exhibit A to the United States District Courts from which they came; the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the jurisdictions identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket of this court. Signed by Judge Thomas E. Johnston on 1/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (kew) [Transferred from wvsd on 2/11/2020.]
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Filing 29
NOTICE OF ATTORNEY APPEARANCE by William D. Nefzger on behalf of Elizabeth Burgin, Lewis Burgin. (Nefzger, William) [Transferred from wvsd on 2/11/2020.]
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Filing 28
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 2/11/2020.]
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Filing 27
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 2/11/2020.]
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Filing 26
ORDER directing as follows: 1) The deadline to submit joint motions of dismissal is now extended to 10/31/2018, for all cases in MDL 2327 currently on an inactive docket; 2) For all cases on an inactive docket and all cases to be put on an inactive docket, the parties may submit an agreed order of dismissal with prejudice on or before 10/31/2018; if settlements are not finalized and dismissal orders are not submitted by 10/31/2018, then the court may have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket, or dismiss the cases without prejudice; and 3) All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Thomas E. Johnston on 8/21/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member cases assigned to Chief Judge Johnston that is on an inactive docket) (pma) [Transferred from wvsd on 2/11/2020.]
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Filing 25
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 2/11/2020.]
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Filing 24
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 2/11/2020.]
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Filing 23
PLAINTIFF PROFILE FORM filed by Elizabeth Burgin. (Anderson, Bruce) [Transferred from wvsd on 2/11/2020.]
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Filing 22
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 2/11/2020.]
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Filing 21
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 2/11/2020.]
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Filing 20
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 2/11/2020.]
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Filing 19
NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Susan J. Pope on behalf of Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson. (lca) [Transferred from wvsd on 2/11/2020.]
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Filing 18
NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from wvsd on 2/11/2020.]
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Filing 17
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 2/11/2020.]
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Filing 16
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 2/11/2020.]
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #11 Amended 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). (Attachments: #1 Summons - Ethicon, LLC, #2 Summons - Johnson & Johnson) (skh) [Transferred from wvsd on 2/11/2020.]
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Filing 14
SUMMONS SUBMITTED by Elizabeth Burgin, Lewis Burgin for Johnson & Johnson, re: #11 Amended Short Form Complaint. (Anderson, Bruce) [Transferred from wvsd on 2/11/2020.]
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Filing 13
SUMMONS SUBMITTED by Elizabeth Burgin, Lewis Burgin for Ethicon, LLC, re: #11 Amended Short Form Complaint. (Anderson, Bruce) [Transferred from wvsd on 2/11/2020.]
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Filing 12
SUMMONS SUBMITTED by Elizabeth Burgin, Lewis Burgin for Ethicon, Inc., re: #11 Amended Short Form Complaint. (Anderson, Bruce) [Transferred from wvsd on 2/11/2020.]
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Filing 11
AMENDED SHORT FORM COMPLAINT filed by Elizabeth Burgin, Lewis Burgin against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Anderson, Bruce) [Transferred from wvsd on 2/11/2020.]
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Filing 10
TRANSMITTED PRETRIAL ORDER # 58 (Plaintiff's Motion to Compel Responses to First Set of Interrogatories) entered on 07/26/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from wvsd on 2/11/2020.]
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Filing 9
CASE TRANSFERRED IN from the Kentucky Western; Case Number 3:13-cv-00706. Original file certified copy of transfer order and docket sheet received. [Transferred from wvsd on 2/11/2020.]
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Filing 8
CONDITIONAL TRANSFER ORDER No. 90 from Judicial Panel on Multi-District re MDL 2327. (TLB) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 7
NOTICE to Jefferson County Circuit Court and Counsel #1 Notice of Removal (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 6
Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. Magistrate designation: Dave Whalin. (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 5
Corporate Disclosure Statement identifying that Johnson & Johnson has no parent corporation, and there is no publicly held corporationthat owns 10% of more of Johnson & Johnsons stock. Other Affiliate Ethicon PR Holdings, Other Affiliate EES Holdings de Mexico, S. de R.L. de C.V. for Ethicon, LLC; Corporate Parent Johnson & Johnson for Ethicon, Inc.. by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 4
ANSWER to Complaint with Jury Demand by Johnson & Johnson. (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 3
ANSWER to Complaint with Jury Demand by Ethicon, LLC. (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 2
ANSWER to Complaint with Jury Demand by Ethicon, Inc.. (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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Filing 1
NOTICE OF REMOVAL by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC from Jefferson County Circuit Court, case number 13-CI-3029. RCPT #644 1653596. ( Filing fee $ 400 ), filed by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC. (Attachments: #1 Exhibit 1 - State Court Record, #2 Cover Sheet) (JSS) [Transferred from Kentucky Western on 7/29/2013.] [Transferred from wvsd on 2/11/2020.]
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