Bourque et al v. Ethicon, Inc. et al
| John P. Bourque and Marilyn Bourque |
| Ethicon Inc. and Johnson & Johnson |
| 1:2020cv10870 |
| May 7, 2020 |
| US District Court for the District of Massachusetts |
| Nathaniel M Gorton |
| Indira Talwani |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
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| Filing 62 Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Status Conference held by video on 6/30/2020. The parties do not think it is practical to consolidate this matter with 20cv10146-NMG. Court will deny #59 Motion for Leave to file Supplemental Summary Judgment briefing. Plaintiffs are to file a stipulation of dismissal of claims that they no longer intend to proceed with within one week. Court will decide the Motion for Summary Judgment by the end of August. Court and counsel discuss independent medical evaluations and dates for completion of those evaluations and reports, as well as discovery deadlines and trial date. Please see Document No. 60 for deadlines and dates. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Cavaliere, Campbell, Guilfoyle, Suchecki) (Lima, Christine) |
| Filing 61 Set Deadlines/Hearings: Discovery to be completed by 11/30/2020 Final Pretrial Conference set for 2/4/2021 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. Jury Trial set for 2/8/2021 09:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Vieira, Leonardo) |
| Filing 60 Judge Nathaniel M. Gorton: ORDER entered: DENYING #59 Motion for Leave to File Document. (Vieira, Leonardo) |
| Filing 59 MOTION for Leave to File DEFENDANTS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL SUMMARY JUDGMENT BRIEFING by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit A-Hoover Order Jt Status Report, #2 Exhibit B-Mitchell Txt Order Granting MFL, #3 Exhibit C-Thomas Txt Order Granting MFL, #4 Exhibit D-Gardner Txt Order Granting MFL, #5 Exhibit E-Cannon Minutes of Proceedings, #6 Exhibit F-Granillo Order Granting MFL, #7 Exhibit G-Young Min Entry for Proceedings, #8 Exhibit H-Lampron Txt Order MPSJ, #9 Exhibit I-Norby Order Granting MSJ, #10 Exhibit J-Donaldson Min Entry for Proceedings, #11 Exhibit K-Laderbush MTE Deadline, #12 Exhibit L-Templin Order Granting MFL, #13 Exhibit M-Abt Scheduling Order)(Guilfoyle, Kathleen) |
| Filing 58 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 6/30/2020 11:00 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) |
| Filing 57 ELECTRONIC NOTICE issued requesting courtesy copy for #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment, #18 Memorandum in Support of Motion, #20 Memorandum in Opposition to Motion, #19 Memorandum in Opposition to Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 56 ELECTRONIC NOTICE issued requesting courtesy copy for #55 Status Report. Counsel who filed this document are requested to submit a courtesy copy of it to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) |
| Filing 55 STATUS REPORT JOINT CASE STATUS REPORT by Ethicon Inc., Johnson & Johnson. (Attachments: #1 Exhibit Def Ex. A, #2 Exhibit Def Ex. B, #3 Exhibit Def Ex. C, #4 Exhibit Def Ex. D, #5 Exhibit Def Ex. E, #6 Exhibit Def Ex. F, #7 Exhibit Def Ex. G, #8 Exhibit Def Ex. H, #9 Exhibit Def Ex. I, #10 Exhibit Def Ex. J, #11 Exhibit Def Ex. K, #12 Exhibit Def Ex. L, #13 Exhibit Def Ex. M, #14 Exhibit Pltf Ex. P-1, #15 Exhibit Pltf Ex. P-2, #16 Exhibit Pltf Ex. P-3, #17 Exhibit Pltf Ex. P-4, #18 Exhibit Pltf Ex. P-5, #19 Exhibit Pltf Ex. P-6, #20 Exhibit Pltf Ex. P-7, #21 Exhibit Pltf Ex. P-8, #22 Exhibit Pltf Ex. P-9, #23 Exhibit Pltf Ex. P-10, #24 Exhibit Pltf Ex. P-11, #25 Exhibit Pltf Ex. P-12, #26 Exhibit Pltf Ex. P-13)(Guilfoyle, Kathleen) |
| Filing 54 Set/Reset Deadlines: Status Report due by 6/12/2020. (Vieira, Leonardo) |
| Filing 53 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #46 MOTION for Extension of Time to 06/12/2020 to Filing Case Status Report. (Vieira, Leonardo) |
| Filing 52 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #49 Motion for Leave to Appear Pro Hac Vice Added Michael A. Cavaliere. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 51 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #48 Motion for Leave to Appear Pro Hac Vice Added Christopher A. Gomez. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 50 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #47 Motion for Leave to Appear Pro Hac Vice Added Lee B. Balefsky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. Cavaliere Filing fee: $ 100, receipt number 0101-8258978 by Marilyn Bourque. (Attachments: #1 Exhibit Certificate of Good Standing)(Harris, Michael) (Main Document 49 replaced on 5/28/2020) (Vieira, Leonardo). (Attachment 1 replaced on 5/28/2020) (Vieira, Leonardo). (Additional attachment(s) added on 5/28/2020: #2 Affidavit, #3 Proposed Order) (Vieira, Leonardo). Modified on 5/28/2020 to properly file attachments (Vieira, Leonardo). |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher A. Gomez Filing fee: $ 100, receipt number 0101-8258777 by Marilyn Bourque. (Attachments: #1 Exhibit Certificate of Good Standing)(Harris, Michael) (Main Document 48 replaced on 5/28/2020) (Vieira, Leonardo). (Attachment 1 replaced on 5/28/2020) (Vieira, Leonardo). (Additional attachment(s) added on 5/28/2020: #2 Affidavit, #4 Proposed Order) (Vieira, Leonardo). Modified on 5/28/2020 to properly file attachments (Vieira, Leonardo). |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice for admission of Lee B. Balefsky Filing fee: $ 100, receipt number 0101-8258638 by Marilyn Bourque. (Attachments: #1 Exhibit Certificate of Good Standing)(Mulvey, Elizabeth) (Main Document 47 replaced on 5/28/2020) (Vieira, Leonardo). (Attachment 1 replaced on 5/28/2020) (Vieira, Leonardo). (Additional attachment(s) added on 5/28/2020: #2 Affidavit, #3 Proposed Order) (Vieira, Leonardo). Modified on 5/28/2020 to properly file the attachments (Vieira, Leonardo). |
| Filing 46 MOTION for Extension of Time to 06/12/2020 to Filing Case Status Report by Marilyn Bourque.(Mulvey, Elizabeth) |
| Filing 45 Set/Reset Deadlines: Status Report due by 5/29/2020 (Lima, Christine) |
| Filing 44 CORPORATE DISCLOSURE STATEMENT by Ethicon Inc., Johnson & Johnson. (Guilfoyle, Kathleen) |
| Filing 43 NOTICE of Appearance by Kathleen M. Guilfoyle on behalf of Ethicon Inc., Johnson & Johnson (Guilfoyle, Kathleen) |
| Filing 42 NOTICE of Appearance by James M. Campbell on behalf of Ethicon Inc., Johnson & Johnson (Campbell, James) |
| Filing 41 ELECTRONIC NOTICE of Reassignment. Judge Nathaniel M. Gorton added. Judge Indira Talwani no longer assigned to case. (Finn, Mary) |
| Filing 40 Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) |
| Filing 39 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 38 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-13661. |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2205) Part 1 - Pls' Mot to Exclude Steven MacLean, #2 Exhibit MDL ECF (2205) Part 2 - Pls' Mot to Exclude Steven MacLean, #3 Exhibit MDL ECF (2205) Part 3 - Pls' Mot to Exclude Steven MacLean, #4 Exhibit MDL ECF (2206) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #11 Exhibit MDL ECF (2825) - Pls' Mot to Exclude Steven MacLean, #12 Exhibit MDL ECF (2826) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #13 Exhibit MDL ECF (2942) - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #15 Exhibit MDL ECF (6824) - Notice of Adoption of Pls' Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (6998) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean, #17 Exhibit MDL ECF (7100) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (1986) - Pls' Amended Mot to Exclude Thomas Wright, #2 Exhibit MDL ECF (1988) - Pls' Amended Mem in Support of Mot to Exclude Thomas Wright, #3 Exhibit MDL ECF (2143) - Defs Resp to Pls' Amended Mot to Exclude Thomas Wright, #4 Exhibit MDL ECF (3844) - Pls' Reply in Support of Mot to Exclude Thomas Wright, #5 Exhibit MDL ECF (6864) - Notice of Adoption of Pls' Mot to Exclude Thomas Wright, #6 Exhibit MDL ECF (6973) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Thomas Wright, #7 Exhibit MDL ECF (7119) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Thomas Wright)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) - Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 4/23/2020 to add party filers) (slr). |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2050) - Pls' Mot to Exclude Nicole Fleischmann, #2 Exhibit MDL ECF (2051) - Pls' Mem in Support of Mot to Exclude Nicole Fleischmann, #3 Exhibit MDL ECF (2159) - Defs' Resp to Pls' Mot to Exclude Nicole Fleischmann, #4 Exhibit MDL ECF (2230) - Pls' Reply in Support of Mot to Exclude Nicole Fleischmann, #5 Exhibit MDL ECF (6798) - Notice of Adoption of Pls' Mot to Exclude Nicole Fleischmann, #6 Exhibit MDL ECF (7019) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Nicole Fleischmann, #7 Exhibit MDL ECF (7440) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Nicole Fleischmann)(Robinson, Susan) (Modified on 4/23/2020 to add party filers) (slr). |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2425) - Pls' Mot to Exclude Peter Rosenblatt, #2 Exhibit MDL ECF (2428) - Pls' Mem in Support of Mot to Exclude Peter Rosenblatt, #3 Exhibit MDL ECF (2535) - Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #4 Exhibit MDL ECF (2625) - Pls' Reply in Support of Mot to Exclude Peter Rosenblatt, #5 Exhibit MDL ECF (6843) - Notice of Adoption of Pls' Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (6980) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #7 Exhibit MDL ECF (7107) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Peter Rosenblatt)(Robinson, Susan) (Modified on 4/23/2020 to add party filers) (slr). |
| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 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 (6821) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (6958) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (7177) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 4/23/2020 to add party filers) (slr). |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2251) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3619) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3619) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3621) - Pls' Mem in Support of Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3790) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (3790) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (3865) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (6874) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (6874) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (6875) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7038) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (7045) - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (7085) - Amended Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (7183) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2066) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (2066) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (2066) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (2066) Part 4 - Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (2066) Part 5 - Defs' Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (2066) Part 6 - Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (2070) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (2185) Part 1- Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (2185) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (2185) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (2185) Part 4 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (2185) Part 5 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (2185) Part 6 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (2185) Part 7 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (2185) Part 8 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (2185) Part 9 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (2185) Part 10 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (2185) Part 11 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #19 Exhibit MDL ECF (2185) Part 12 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #20 Exhibit MDL ECF (2185) Part 13 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #21 Exhibit MDL ECF (2185) Part 14 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #22 Exhibit MDL ECF (2185) Part 15 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 29 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (6648) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (6833) - Amended Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (6926) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (7123) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 28 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17- Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
| Filing 27 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #26 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (6852) - Notice of Adoption of Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (6960) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 4/23/2020 to add party filers) (slr). |
| Filing 26 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)(Robinson, Susan) (Modified on 4/23/2020 to add party filers)(slr). |
Filing 25
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 4/30/2020 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 4/29/2020 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 4/16/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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| Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by John P. Bourque, Marilyn Bourque (Balefsky, Lee) |
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Filing 22
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)
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Filing 21
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) (sak) (ADI)
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| Filing 20 MEMORANDUM by John P. Bourque, Marilyn Bourque in opposition to #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Balefsky, Lee) |
| Filing 19 OPPOSITION by John P. Bourque, Marilyn Bourque to #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order)(Balefsky, Lee) |
| Filing 18 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Combs, Philip) |
| Filing 17 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibits A - C)(Combs, Philip) |
| Filing 16 NOTICE OF VIDEO DEPOSITIONS OF FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson of John P. Bourque, Deborah Baker, Nancy Miller, and Robert Miller on dates and at times to be determined. (Robinson, Susan) |
| Filing 15 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) |
| Filing 14 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Steven Maynard on 8/20/18 at 9:00 a.m. (Robinson, Susan) |
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Filing 12
ORDER The #11 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) (brn)
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Filing 13
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) (brn) (ADI)
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| Filing 11 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) |
| Filing 10 CERTIFICATE OF SERVICE by John P. Bourque, Marilyn Bourque for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) |
| Filing 9 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) |
| Filing 8 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Marilyn Bourque on 4/20/18 at 9:00 a.m. (Robinson, Susan) |
| Filing 6 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Steven R. Maynard on 3/16/2018 at 9:00 a.m. (Sutherland, Kari) |
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Filing 7
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) (ts) (ADI)
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| Filing 5 PLAINTIFF PROFILE FORM filed by John P. Bourque, Marilyn Bourque. (Gomez, Christopher) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 195 (First Amended Docket Control Order - Wave 1 Cases) entered on 09/03/2015 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4152327. (Attachment: #1 Civil Cover Sheet) (kp) |
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