Stebbins v. Ethicon Inc et al
| Nelda Christine Stebbins |
| Ethicon L L C, Ethicon Inc, Boston Scientific Corp and Johnson & Johnson |
| 2:2020cv01574 |
| December 4, 2020 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 56 JUDGMENT granting #55 Motion to Dismiss without prejudice, with each party to bear its own costs. Signed by Judge James D Cain, Jr on 12/16/2020. (crt,Benoit, T) |
| Set/Reset Deadlines as to #55 Unopposed MOTION to Dismiss Boston Scientific Corporation. Motion Ripe Deadline set for 12/15/2020. (crt,Jones, P) |
| Filing 55 Unopposed MOTION to Dismiss Boston Scientific Corporation by Boston Scientific Corp. (Attachments: #1 Proposed order)(aty,Rotolo, Peter) |
Filing 54
ORDER granting #53 Motion to Substitute Attorney. Added attorney Amy Lee McIntire for Boston Scientific Corp. Attorney Jon A Strongman terminated. Signed by Magistrate Judge Kathleen Kay on 12/14/2020. (crt,Crick, S)
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| Filing 53 MOTION to Substitute Attorney Peter J. Rotolo, III and Amy L. McIntire in place of Jon A. Strongman with consent by Boston Scientific Corp. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 12/11/2020. (Attachments: #1 Proposed order)(Attorney Peter J Rotolo, III added to party Boston Scientific Corp(pty:dft))(aty,Rotolo, Peter) Modified on 12/11/2020 to edit text (Jones, P). |
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Filing 52
TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Kathleen Kay on 12/8/2020. (crt,Jones, P)
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| Filing 51 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Kathleen Kay. Motion Ripe Deadline set for 12/7/2020. (crt,Jones, P) |
| Filing 50 NOTICE of Corporate Disclosure Statement Requirement re: #49 District Case Transferred In, sent to Jon A Strongman on behalf of Boston Scientific Corp. Corporate Disclosure Statement due by 12/21/2020. (crt,Jones, P) |
| Filing 49 DISTRICT CASE transferred in from District of West Virginia Southern; Case Number 2:13-cv-24191. Original file copy of transfer order and docket sheet received |
| CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Jones, P) |
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Filing 48
ORDER granting #47 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Nelda Christine Stebbins to Dismiss Without Prejudice; other defendants remain, each party to bear her or its own costs. Signed by Judge Joseph R. Goodwin on 11/25/2020. (cc: attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 12/7/2020.]
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| Filing 47 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Nelda Christine Stebbins to Dismiss Without Prejudice. (Gage, William) (Modified on 11/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/7/2020.] |
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Filing 46
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 12/4/2020 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 12/3/2020 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 11/20/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 12/7/2020.]
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Filing 45
ORDER denying #21 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. Signed by Judge Joseph R. Goodwin on 11/16/2020. (cc: attys; any unrepresented party) (kew) [Transferred from West Virginia Southern on 12/7/2020.]
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| Filing 44 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #41 Response In Opposition to Motion by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude the Testimony of Jorge F. Peacher, M.D. (Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 43 MOTION AND MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Strike Plaintiffs Untimely Supplemental Expert Report and Alternative Motion For Leave to Submit Supplemental And/or Rebuttal Report. (Attachment: #1 Exhibit A)(Gage, William). Modified on 1/4/2019 (lca). [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 42 CERTIFICATE OF SERVICE by Nelda Christine Stebbins for Supplemental Designation and Disclosure of Case Specific Expert Witness Report. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 41 RESPONSE by Nelda Christine Stebbins in opposition to #39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude the Testimony of Jorge F. Peacher, M.D. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 40 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #38 Response In Opposition. (Attachment: #1 Exhibit)(Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude the Testimony of Jorge F. Peacher, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 38 RESPONSE by Nelda Christine Stebbins in opposition to #36 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - Expert Report - Dr. Jorge Peacher, #2 Exhibit B - Depo of Dr. Monlezun, #3 Exhibit C- IFU)(Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 37 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #36 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 36 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 35 CERTIFICATE OF SERVICE by Nelda Christine Stebbins for Disclosure of Defense Produced Documents to be Used at Deposition of Dr. Lee Monlezun. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 34 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family Members on dates and at times to be determined. (Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 33 NOTICE of Issuing Amended Subpoena to Dr. Lee J. Monlezun by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 32 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Lee J. Monlezun on 11/1/2018 at 5:30 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
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Filing 31
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 West Virginia Southern on 12/7/2020.]
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| Filing 30 NOTICE of Issuing Subpoena to Dr. Lee J. Monlezun by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 29 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Dr. Lee J. Monlezun on 11/2/2018 at 1:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 28 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Nelda Christine Stebbins on 11/1/2018 at 9:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) (Modified on 10/9/2018 to remove party filer)(rmc) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 26 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Nelda Stebbins on September 24, 2018 at 2 p.m. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 25 CERTIFICATE OF SERVICE by Ethicon Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) (Modified on 9/17/2018 to remove party filers)(rmc) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Nelda Christine Stebbins for First Set of Interrogatories to Defendant, First Requests for Production to Defendant and First Requests for Admission. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 23 CERTIFICATE OF SERVICE by Nelda Christine Stebbins for Responses and/or Objections to Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission and Request for Production. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Nelda Christine Stebbins for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 21 MOTION by Boston Scientific Corporation to Dismiss With Prejudice. (Strongman, Jon) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Andrew David Tharp on behalf of Ethicon, Inc. (Tharp, Andrew) (Modified on 9/4/2018 to remove party filers)(rmc). [Transferred from West Virginia Southern on 12/7/2020.] |
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Filing 18
PRETRIAL ORDER # 298 FIRST AMENDED ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES This amended order revises certain future deadlines and addresses filing instructions regarding the Ethicon Election Form; the Order has been amended at paragraphs 2-5, paragraph 8(B)-(H), and Exhibit B; however, the remainder of this Order is substantively identical to PTO No. 293; if a plaintiff has already filed her Ethicon Election Form pursuant to the deadlines imposed by PTO No. 293, she is not required to re-file an Election Form; if an Election Form has not been filed it must be filed in each individual member case no later than 7/10/2018. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (mek) (ADI) [Transferred from West Virginia Southern on 12/7/2020.]
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| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 12/7/2020.] |
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Filing 16
PRETRIAL ORDER # 293 ORDER REGARDING DISPOSITION OF NON-REVISION GYNECARE TVT PRODUCTS CASES The Motion filed at ECF No. 5313 in MDL 2327 by Ethicon, Inc., Johnson & Johnson for Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases is GRANTED; each Non-Revised Plaintiff identified on the Second Amended Exhibit "A", together with any of her derivative plaintiffs with an existing MDL lawsuit, shall file an election form (Exhibit B to this Order) in each individual case no later than 6/10/2018; the deadlines for discovery and trial preparation procedures are set forth herein. Signed by Judge Joseph R. Goodwin on 4/11/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on the Second Amended Exhibit A) (ts) (ADI) [Transferred from West Virginia Southern on 12/7/2020.]
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| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Lee J. Monlezun on 5/3/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 12/7/2020.] |
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Filing 14
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) (klc) (ADI) [Transferred from West Virginia Southern on 12/7/2020.]
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| Filing 13 PLAINTIFF PROFILE FORM filed by Nelda Christine Stebbins. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 12 PLAINTIFF PROFILE FORM filed by Nelda Christine Stebbins. (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 8 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 12/4/2013. Boston Scientific Corporation waiver mailed on 10/22/2013, answer due 12/23/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 12/7/2020.] |
| 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 West Virginia Southern on 12/7/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 71 (Scheduling of Discovery Conferences) entered on 09/30/2013 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 2 SUMMONS SUBMITTED by Nelda Christine Stebbins for Ethicon, LLC, re: #1 Short Form Complaint (Sadler, Paul) [Transferred from West Virginia Southern on 12/7/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2686652. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 12/7/2020.] |
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