Finley et al v. Johnson & Johnson Inc et al
Plaintiff: James Finley and Linda Kay Finley
Defendant: Ethicon Inc and Johnson & Johnson Inc
Case Number: 3:2019cv00539
Filed: April 26, 2019
Court: US District Court for the Western District of Louisiana
Presiding Judge: Terry A Doughty
Referring Judge: Karen L Hayes
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Opinion or Order Filing 72 60 DAY ORDER DISMISSING CASE. IT IS ORDERED that this action is hereby DISMISSED, without prejudice to the right of the parties to reopen the action if settlement is not consummated. IT IS FURTHER ORDERED that within sixty (60) days of the signing of this Order, the parties shall file a Rule 41(a)(1)(A)(ii) stipulation of dismissal signed by all parties who have appeared in this action. Signed by Judge Terry A Doughty on 7/3/2019. (crt,Crawford, A)
July 2, 2019 Filing 71 JOINT NOTICE of Settlement of All Claims by James Finley, Linda Kay Finley, Ethicon Inc, and Johnson & Johnson Inc. (aty,Capodice, Camala) Modified filers on 7/3/2019 (YocumSld, M).
June 20, 2019 Opinion or Order Filing 70 ABBREVIATED SCHEDULING ORDER: Jury Trial set for 1/21/2020 at 9:00 AM in Monroe, 2nd floor before Judge Terry A Doughty. Pretrial Conference set for 12/18/2019 at 10:00 AM in chambers before Magistrate Judge Karen L Hayes. Pretrial Order due by 12/16/2019. Defendants Expert Info/Reports due by 7/19/2019. Discovery deadline 8/5/2019. Expert Depositions due by 9/4/2019. Dispositive Motions due by 9/19/2019. Conference/Meeting of counsel to prepare pretrial order to be held by 11/26/2019. Motions in Limine due by 11/22/2019. Trial Brief/Pretrial Submissions due by 1/13/2020. Signed by Magistrate Judge Karen L Hayes on 6/20/2019. (crt,Crawford, A)
June 19, 2019 Filing 69 AMENDED COMPLAINT against Ethicon Inc, Johnson & Johnson Inc filed by Linda Kay Finley, James Finley.(crt,Crawford, A)
June 19, 2019 Opinion or Order Filing 68 ORDER granting #66 Motion to Amend complaint and extend the deadline for Defendants to amend their expert disclosures. Defendants granted until 7/19/19 to amend their expert disclosures. It Is Further Ordered that the Clerk of Court issue an abbreviated scheduling order setting trial for January, 2020. Signed by Magistrate Judge Karen L Hayes on 6/19/2019. (crt,Crawford, A) Modified on 6/20/2019 to correct signing judge(Crawford, A).
June 19, 2019 Filing 67 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Karen L Hayes on 6/19/2019. (jud,Hayes, Karen)
June 18, 2019 Filing 66 MOTION for Leave to Amend #1 Complaint, with consent by James Finley, Linda Kay Finley. Motions referred to Karen L Hayes. (Attachments: #1 Proposed pleading, #2 Proposed order, #3 Local Rule 7.4.1 Certificate)(aty,Wilkerson, James) Modified on 6/19/2019 to edit text (Putch, A).
June 14, 2019 Opinion or Order Filing 65 ORDER denying #56 Motion to Amend/Correct without prejudice to the right to re-seek leave to amend within the next seven (7) days with a proposed pleading that properly alleges diversity jurisdiction. Signed by Magistrate Judge Karen L Hayes on 6/14/2019. (crt,Miletello, A)
June 6, 2019 Filing 64 RESPONSE to Motion re #56 MOTION to Amend/Correct #1 Complaint, with opposition filed by Ethicon Inc, Johnson & Johnson Inc. (aty,Capodice, Camala)
May 30, 2019 Opinion or Order Filing 63 ORDER denying #37 Motion for Summary Judgment; denying #30 Motion to Dismiss. Signed by Judge Terry A Doughty on 5/30/2019. (crt,Crawford, A)
May 30, 2019 Opinion or Order Filing 62 MEMORANDUM RULING re #30 MOTION to Dismiss With Prejudice For Failure to Comply With the Court's Order Regarding Service of Plaintiff Fact Sheet filed by Johnson & Johnson Inc, Ethicon Inc and #37 MOTION for Summary Judgment filed by Johnson & Johnson Inc, Ethicon Inc. Signed by Judge Terry A Doughty on 5/30/2019. (crt,Crawford, A)
May 24, 2019 Filing 61 REPLY to Response to Motion re #30 MOTION to Dismiss With Prejudice For Failure to Comply With the Court's Order Regarding Service of Plaintiff Fact Sheet filed by Ethicon Inc, Johnson & Johnson Inc. (Attachments: #1 Exhibit 1 - 3-28-18 Cagnolatti Email, #2 Exhibit 2 - 5-31-18 Capodice Email, #3 Exhibit 3 - 6-1-18 Capodice Email, #4 Exhibit 4 - 6-22-18 NEF)(aty,Capodice, Camala)
May 24, 2019 Filing 60 REPLY to Response to Motion re #37 MOTION for Summary Judgment filed by Ethicon Inc, Johnson & Johnson Inc. (Attachments: #1 Exhibit 3-20-18 James Email, #2 Exhibit WV Attorney list, #3 Exhibit 3-26-18 Fewell Email, #4 Exhibit 3-28-18 Cagnolatti Email, #5 Exhibit 4-30-18 Capodice Eamil, #6 Exhibit 5-18-18 Capodice Email, #7 Exhibit May 2018 Emails re Deposition - Part 2, #8 Exhibit 6-1-18 Capodice Email, #9 Exhibit Exhibit 1 to Deposition of James Finley, #10 Exhibit NEF - MSJ)(aty,Capodice, Camala)
May 20, 2019 Filing 59 MEMORANDUM in Opposition re #32 MOTION to Dismiss filed by James Finley, Linda Kay Finley. (aty,Wilkerson, James) Modified on 5/21/2019 to create link (Putch, A).
May 20, 2019 Filing 58 MEMORANDUM in Opposition re #37 MOTION for Summary Judgment filed by James Finley, Linda Kay Finley. (Attachments: #1 Statement of material facts)(aty,Wilkerson, James) Modified on 5/21/2019 to edit text (Putch, A).
May 16, 2019 Filing 57 NOTICE of Motion Setting regarding: #56 MOTION to Amend/Correct #1 Complaint, with opposition . Motions referred to Magistrate Judge Karen L Hayes. (crt,JonesSld, P)
May 16, 2019 Filing 56 MOTION to Amend/Correct #1 Complaint, with opposition by James Finley, Linda Kay Finley. Motions referred to Karen L Hayes. (Attachments: #1 Proposed pleading, #2 Memorandum / Brief, #3 Proposed order, #4 Local Rule 7.4.1 Certificate)(aty,Wilkerson, James)
May 8, 2019 Opinion or Order Filing 55 ORDER granting #54 Motion to Withdraw as Attorney. Attorney Susan M Robinson; David B Thomas; William M Gage and Christy D Jones terminated. Signed by Magistrate Judge Karen L Hayes on 5/8/2019. (crt,Leday, A)
May 7, 2019 Filing 54 MOTION to Withdraw Christy Jones, William Gage, David Thomas, and Susan Robinson as Attorney by Ethicon Inc, Johnson & Johnson Inc. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Capodice, Camala) Modified on 5/7/2019 to edit text (Putch, A).
May 2, 2019 Opinion or Order Filing 53 ORDER granting #51 Motion to Enroll as Counsel. James M Wilkerson added as counsel for James Finley and Linda Kay Finley. Signed by Magistrate Judge Karen L Hayes on 5/2/2019. (crt,Miletello, A)
April 30, 2019 Opinion or Order Filing 52 ORDER: Considering the transfer to this Court, IT IS ORDERED within 20 days any attorney appearing as counsel who is not admitted to practice before the Western District of Louisiana exercise one of the following options listed herein. Signed by Magistrate Judge Karen L Hayes on 4/30/2019. (crt,Putch, A)
April 30, 2019 Filing 51 MOTION for James M. Wilkerson to Enroll as Counsel by James Finley, Linda Kay Finley. Motions referred to Karen L Hayes. (Attachments: #1 Proposed order)(aty,Fewell, Richard)
April 29, 2019 Filing 50 NOTICE of Motion Setting without oral argument regarding: #37 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. for Summary Judgment. Motions referred to Judge Terry A Doughty. (crt,Thigpen, M)
April 29, 2019 Filing 49 NOTICE of Motion Setting without oral argument regarding: #30 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice For Failure to Comply With the Court's Order Regarding Service of Plaintiff Fact Sheet. Motions referred to Judge Terry A Doughty. (crt,Thigpen, M)
April 29, 2019 Filing 48 PROPOSED TRANSFER ORDER referred to Magistrate Judge Karen L Hayes. (Public entry, but no electronic notice). (crt,Thigpen, M)
April 29, 2019 Filing 47 DISTRICT CASE transferred in from District of West Virginia Southern; Case Number 2:13-cv-29593. Original file copy of transfer order and docket sheet received
April 26, 2019 Filing 46 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: certified copy transferring the actions on this conditional remand order for remand to its/their respective transferor court; the transferee court in this litigation has advised the Panel that coordinated or consolidated pretrial proceedings in the actions on this conditional remand order have been completed and that remand to the transferor court(s), as provided in 28 U.S.C. 1407(a). Signed by John W. Nichols, Clerk of the Panel on 4/26/2019. (cc: attys) (mek) [Transferred from West Virginia Southern on 4/29/2019.]
April 24, 2019 Filing 45 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson, Inc. (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
April 22, 2019 Filing 44 RESPONSE TO ORDER TO SHOW CAUSE by James Finley, Linda Kay Finley (Fewell, Richard) [Transferred from West Virginia Southern on 4/29/2019.]
April 21, 2019 Filing 43 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit Exhibit A to Defendants' Designation, #2 Exhibit ECF 238 - First Amended Complaint, #3 Exhibit ECF 239 - Master Answer and Jury Demand to First Complaint, #4 Exhibit ECF 240 - Master Answer and Jury Demand to First Complaint, #5 Exhibit ECF 241 - Master Answer and Jury Demand to First Complaint, #6 Exhibit ECF 2455 - MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #7 Exhibit ECF 2455 - MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #8 Exhibit ECF 2553 - RESPONSE in opposition to motion to exclude testimony of Dr. Shelby Thames, #9 Exhibit ECF 2553 - RESPONSE in opposition to motion to exclude testimony of Dr. Shelby Thames, #10 Exhibit ECF 2553 - RESPONSE in opposition to motion to exclude testimony of Dr. Shelby Thames, #11 Exhibit ECF 2839 - MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #12 Exhibit ECF 2839 - MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #13 Exhibit ECF 2014 - MOTION to Exclude the Testimony of Jaime L. Sepulveda-Toro, #14 Exhibit ECF 2018 - MEMORANDUM in support of motion to exclude Jaime L. Sepulveda-Toro, #15 Exhibit ECF 2039 - MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #16 Exhibit ECF 2042 - Memorandum in support of motion to exclude Testimony of Dr. Shelby Thames, #17 Exhibit ECF 2060 - Motion to Exclude the Opinions of Timothy Ulatowski, #18 Exhibit ECF 2065 - Memorandum in support of motion to exclude the opinions of Timothy Ulatowski, #19 Exhibit ECF 2134 - RESPONSE in Opposition to Motion to Exclude Timothy Ulatowski, #20 Exhibit ECF 2187 - RESPONSE in opposition to motion to exclude testimony of Dr. Shelby Thames, #21 Exhibit ECF 2225 - REPLY to motion to limit testimony of Jaime L. Sepulveda-Toro, #22 Exhibit ECF 2232 - REPLY in support of motion to exclude Timothy Ulatowski, #23 Exhibit ECF 2247 - REPLY in support of motion to exclude opinions of Shelby Thames, #24 Exhibit ECF 2458 - Memorandum in support of motion to exclude Testimony of Dr. Shelby Thames, #25 Exhibit ECF 2621 - REPLY in support of motion to exclude opinions of Shelby Thames, #26 Exhibit ECF 2841 - Memorandum in support of motion to exclude Testimony of Dr. Shelby Thames, #27 Exhibit ECF 2910 - NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, #28 Exhibit ECF 2957 - RESPONSE in opposition to motion to exclude testimony of Dr. Shelby Thames, #29 Exhibit ECF 3037 - REPLY in support of motion to exclude opinions of Shelby Thames, #30 Exhibit ECF 3658 - Motion to exclude testimony of Ted Roth, M.D., #31 Exhibit ECF 3668 - Memorandum in support of motion to exclude testimony of Ted Roth, M.D., #32 Exhibit ECF 3755 - Memorandum in opposition of motion to exclude testimony of Ted Roth, #33 Exhibit ECF 3857 - REPLY to motion to exclude opinions of Ted Roth, M.D., #34 Exhibit ECF 4495 - Opposition to Notice of Adoption for motion for Jaime L. Sepulveda-Toro, #35 Exhibit ECF 6845 - Notice of Adoption of Prior Daubert Motion of Ted Roth, M.D., #36 Exhibit ECF 6849 - Notice of Adoption of Prior Daubert Motion of Ted Roth, M.D., #37 Exhibit ECF 6857 - Notice of Adoption of Prior Daubert Motion of Shelby Thames, #38 Exhibit ECF 6860 - NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D., #39 Exhibit ECF 6965 - Notice of adoption of prior response regarding Timothy Ulatowski, #40 Exhibit ECF 6972 - Notice of Adoption of Prior Daubert Motion of Shelby Thames, #41 Exhibit ECF 6990 - Notice of Adoption of Prior Daubert Response regarding Jaime L. Sepulveda-Toro, #42 Exhibit ECF 7039 - Notice of Adoption of Prior Daubert Response regarding Ted Roth, #43 Exhibit ECF 7108 - Notice of Adoption of Prior Daubert REPLY of Ted Roth, #44 Exhibit ECF 7113 - NOTICE of Adoption of Prior Daubert Reply of Shelby Thames, #45 Exhibit ECF 7141 - Notice of Adoption of Prior Daubert REPLY of Jaime L. Sepulveda-Toro, #46 Exhibit ECF 7143 - NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski)(Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
April 11, 2019 Opinion or Order Filing 42 ORDER AND SUGGESTION OF REMAND FOR CASES ON EXHIBIT A: Upon receipt of an order to remand from the Clerk of the Judicial Panel on Multidistrict Litigation and the timely filing of any joint designations of the MDL 2327 record by counsel in the individual case, the Clerk of this court, pursuant to 28 U.S.C. 1407, is ORDERED that on 4/21/2019 the cases identified on Exhibit A that are still pending shall be remanded to the United States District Courts identified on Exhibit A; on or before 4/21/2019 the parties are ORDERED to confer and to file all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider, as more fully directed herein; any joint motion to dismiss may be ruled upon and any proper stipulation of dismissal may close a case prior to remand; on the Transfer Date, the Clerk is DIRECTED to utilize the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and remand it to the corresponding United States District Court listed on Exhibit A; after remand 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 4/11/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 4/29/2019.]
April 10, 2019 Opinion or Order Filing 41 SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 4/29/2019.]
April 6, 2019 CASE Assigned to Judge Terry A Doughty and Magistrate Judge Karen L Hayes. Motions referred to Magistrate Judge Karen L Hayes. (crt,Thigpen, M)
March 26, 2019 Opinion or Order Filing 40 ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 4/29/2019.]
October 23, 2018 Opinion or Order Filing 39 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 4/29/2019.]
October 12, 2018 Filing 38 MEMORANDUM by Ethicon, Inc., Johnson & Johnson, Inc. in support of #37 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. for Summary Judgment (Capodice, Camala) [Transferred from West Virginia Southern on 4/29/2019.]
October 12, 2018 Filing 37 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. for Summary Judgment (Attachments: #1 Exhibit A)(Capodice, Camala) [Transferred from West Virginia Southern on 4/29/2019.]
October 2, 2018 Filing 36 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS' FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Inc., James Finley, Linda Kay Finley (Capodice, Camala) (Modified on 10/3/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 4/29/2019.]
August 17, 2018 Opinion or Order Filing 35 ORDER denying #32 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/17/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 4/29/2019.]
August 15, 2018 Filing 34 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson, Inc. for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
August 10, 2018 Filing 33 NOTICE of Plaintiffs' Failure to File Response to Defendants' Motion to Dismiss for Failure to Comply with PTO 303 or Alternatively for Plaintiffs to Show Cause for Failure to Comply with PTO 303 by Ethicon, Inc. (Attachments: #1 Appendix A, B & C)(Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
July 24, 2018 Filing 32 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
July 11, 2018 Filing 31 REPLY by Ethicon, Inc., Johnson & Johnson, Inc. to #30 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice For Failure to Comply With the Court's Order Regarding Service of Plaintiff Fact Sheet. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
June 22, 2018 Filing 30 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice For Failure to Comply With the Court's Order Regarding Service of Plaintiff Fact Sheet. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
June 14, 2018 Opinion or Order Filing 28 ORDER The #26 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (jsa) [Transferred from West Virginia Southern on 4/29/2019.]
June 14, 2018 Filing 27 NOTICE of Withdrawal by Ethicon, Inc., Johnson & Johnson, Inc. to #26 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
June 13, 2018 Opinion or Order Filing 29 PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kp) (ADI) [Transferred from West Virginia Southern on 4/29/2019.]
June 13, 2018 Filing 26 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
May 18, 2018 Filing 25 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production of Documents to Plaintiff. (Capodice, Camala) [Transferred from West Virginia Southern on 4/29/2019.]
May 15, 2018 Opinion or Order Filing 24 MEMORANDUM OPINION & ORDER The #21 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice is DENIED without prejudice; the plaintiff must serve her completed PFS on Ethicon on or before 6/14/2018; failure to comply with this Order may result in dismissal with prejudice upon motion by Ethicon defendants; plaintiff's counsel is directed to send a copy of this Order to the plaintiff via certified mail, return receipt requested, and file a copy of the receipt. Signed by Judge Joseph R. Goodwin on 5/15/2018. (cc: counsel of record; any unrepresented party) (mek) [Transferred from West Virginia Southern on 4/29/2019.]
May 3, 2018 Filing 23 REPLY by Ethicon, Inc. in Support of #21 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
May 3, 2018 Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson, Inc. of James Finley on June 8, 2018 at 10:00 a.m. CST (Capodice, Camala) [Transferred from West Virginia Southern on 4/29/2019.]
April 12, 2018 Filing 21 MOTION by Ethicon, Inc., Johnson & Johnson, Inc. to Dismiss With Prejudice. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
March 28, 2018 Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Claire A. Noonan on behalf of Ethicon, Inc.. (Noonan, Claire) [Transferred from West Virginia Southern on 4/29/2019.]
March 27, 2018 Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly Juneau Rookard on behalf of Ethicon, Inc.. (Rookard, Kelly) [Transferred from West Virginia Southern on 4/29/2019.]
March 26, 2018 Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Edie M. Cagnolatti on behalf of Ethicon, Inc.. (Cagnolatti, Edie) [Transferred from West Virginia Southern on 4/29/2019.]
March 26, 2018 Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kim E. Moore on behalf of Ethicon, Inc.. (Moore, Kim) [Transferred from West Virginia Southern on 4/29/2019.]
March 26, 2018 Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Camala E. Capodice on behalf of Ethicon, Inc., Johnson & Johnson, Inc.. (Capodice, Camala) [Transferred from West Virginia Southern on 4/29/2019.]
January 30, 2018 Opinion or Order Filing 15 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 4/29/2019.]
April 20, 2016 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson, Inc.. (Gage, William) [Transferred from West Virginia Southern on 4/29/2019.]
December 16, 2014 Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson, Inc.. (Jones, Christy) [Transferred from West Virginia Southern on 4/29/2019.]
March 28, 2014 Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson, Inc.. (Thomas, David) [Transferred from West Virginia Southern on 4/29/2019.]
December 9, 2013 Filing 11 TRANSMITTED PRETRIAL ORDER # 84 (Order Amending PTO # 4 - Counsel Structure) entered on 12/06/2013 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 4/29/2019.]
November 20, 2013 Filing 10 CASE TRANSFERRED IN from the Louisiana Western; Case Number 3:13-cv-00877. Original file certified copy of transfer order and docket sheet received. [Transferred from West Virginia Southern on 4/29/2019.]
November 20, 2013 Opinion or Order Filing 9 ORDER FOR MULTI-DISTRICT LITIGATION TRANSFER CTO # 108, directing transfer to Southern District of West Virginia, In Re: Ethicon Inc Pelvic Repair System Products Liability Litigation, MDL # 2327. Record electronically transmitted to receiving court. Case Terminated. All future pleadings should be filed with the newly assigned court. (crt,Williams, L) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
November 20, 2013 Filing 8 NOTICE received via email from Clerk of Judicial Panel Multidistrict Litigation transmitting Conditional Transfer Order (CTO-108) MDL 2327 In re Ethicon Inc Pelvic Repair System Products Liability Litigation: Advising that 7 day period to oppose transfer has elapsed and case will be transferred to the Southern District of West Virginia upon request of the record. (crt,Williams, L) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
November 6, 2013 Opinion or Order Filing 7 ORDER granting #6 Motion to Reopen/Reinstate Case, and the case is reinstated retroactive to the initial filing date. Signed by Judge Robert G James on 11/6/13. (crt,DickersonSld, D) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
November 1, 2013 Filing 6 MOTION to Reopen/Reinstate Case by James Finley. (Attachments: #1 Proposed order, #2 Exhibit A)(aty,Fewell, Richard) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
October 4, 2013 Opinion or Order Filing 5 ORDER OF DISMISSAL by Clerk under LR41.3. Case may be reinstated within 30 days for good cause shown. (crt,Kennedy, T) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
September 20, 2013 Filing 4 NOTICE of Intent to dismiss CASE for Failure to effect service within 120 days. (crt,DickersonSld, D) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
May 1, 2013 Filing 3 SUMMONS ISSUED as to Ethicon Inc, Johnson & Johnson Inc. (crt,Kennedy, T) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
May 1, 2013 Filing 2 CIVIL COVER SHEET by James Finley. (aty,Fewell, Richard) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
April 30, 2013 DEMAND for Trial by Jury by James Finley. ADMINISTRATIVE ENTRY to pick up jury demand requested in Complaint. (crt,Kennedy, T) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
April 30, 2013 CASE Assigned to Judge Robert G James and Magistrate Judge Karen L Hayes. (crt,Kennedy, T) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]
April 30, 2013 Filing 1 COMPLAINT against All Defendants (Filing fee $350, receipt number 0536-2226434) filed by James Finley.(Attorney Richard L Fewell, Jr added to party James Finley(pty:pla))(aty,Fewell, Richard) [Transferred from Louisiana Western on 11/20/2013.] [Transferred from West Virginia Southern on 4/29/2019.]

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Search for this case: Finley et al v. Johnson & Johnson Inc et al
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Plaintiff: James Finley
Represented By: Richard L Fewell, Jr
Represented By: James M Wilkerson
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Plaintiff: Linda Kay Finley
Represented By: Richard L Fewell, Jr
Represented By: James M Wilkerson
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Defendant: Ethicon Inc
Represented By: Kim E Moore
Represented By: David B Thomas
Represented By: Christy D Jones
Represented By: Camala E Capodice
Represented By: Claire Adams Noonan
Represented By: Edie M Cagnolatti
Represented By: William M Gage
Represented By: Susan M Robinson
Represented By: Kelly Juneau Rookard
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Defendant: Johnson & Johnson Inc
Represented By: Kim E Moore
Represented By: David B Thomas
Represented By: Christy D Jones
Represented By: Camala E Capodice
Represented By: Claire Adams Noonan
Represented By: Edie M Cagnolatti
Represented By: William M Gage
Represented By: Susan M Robinson
Represented By: Kelly Juneau Rookard
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