Lyons v. Ethicon, Inc. et al
| Maureen Lyons |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 0:2020cv00335 |
| January 24, 2020 |
| US District Court for the District of Minnesota |
| Leo I Brisbois |
| John R Tunheim |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Plaintiff |
Docket Report
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| Filing 24 TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Lina B. Melidonian, Mark Alan Milstein, Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (lmb) cc: Lina B. Melidonian, Mark Alan Milstein, Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage |
| Filing 23 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT DUE TO CASE ASSIGNMENT ERROR. This case is reassigned to Chief Judge John R. Tunheim and Magistrate Judge Leo I. Brisbois. Senior Judge David S. Doty, Magistrate Judge Becky R. Thorson no longer assigned to the case. NOTE: the new case number is 20-cv-335 (JRT/LIB). Please use this case number for all subsequent pleadings. (lmb) cc: Lina B. Melidonian, Mark Alan Milstein, Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage. Modified text on 1/24/2020 (lmb). |
| Filing 22 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-32954. Original file, copy of transfer order and docket sheet received. Case Assigned to Judge David S. Doty from the Civil (3rd, 4th - Master) list and referred to Magistrate Judge Becky R. Thorson. Case Number is 20-cv-335 (DSD/BRT). Modified text on 1/24/2020 (lmb). |
| Filing 21 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (240) Master Answer and Jury Demand, #4 Exhibit (241) Master Answer and Jury Demand, #5 Exhibit (262) Short Form Complaint, #6 Exhibit (263) Amended Short Form Complaint, #7 Exhibit A - Emails)(Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] |
Filing 20
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exh 1 - List of Cases, #2 Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by Maureen Lyons (Milstein, Mark) [Transferred from West Virginia Southern on 1/24/2020.] |
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Filing 17
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 1/24/2020.]
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Filing 16
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 1/24/2020.]
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Filing 15
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 1/24/2020.]
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Filing 14
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 1/24/2020.]
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Filing 13
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 1/24/2020.]
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| Filing 12 PLAINTIFF PROFILE FORM filed by Maureen Lyons. (Milstein, Mark) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 11 PLAINTIFF FACT SHEET filed by Maureen Lyons. (Milstein, Mark) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 10 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 1/24/2020.] |
| Filing 9 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 1/24/2020.] |
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Filing 8
ORDER granting MOTION by Mark A. Milstein for Change of Attorney information filed in MDL 2327. The Clerk is DIRECTED to update the firm's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Mark A. Milstein is associated. Signed by Judge Joseph R. Goodwin on 2/16/2016. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 1/24/2020.]
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Filing 7
ORDER granting MOTION by Milstein Adelman, LLP, Paul D. Stevens, Shireen Mohsenzadegan, Mark A. Milstein to Change Attorney Information and Withdrawal of Counsel Paul D. Stevens and Shireen Mohsenzadegan filed in MDL No. 2327. The Clerk is DIRECTED to terminate Paul D. Stevens, Shireen Mohsenzadegan, and Kelsey Waples as counsel for plaintiffs and to substitute Mark A. Milstein as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Paul D. Stevens, Shireen Mohsenzadegan and Kelsey Waples are associated. Signed by Judge Joseph R. Goodwin on 12/18/2015. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 1/24/2020.]
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| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 4 TRANSMITTED PRETRIAL ORDER # 92 (Stipulated Protective Order Regarding Nonparty Documents) entered on 01/07/2014 in MDL 2327 to attorneys in member case. (cbo) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 3 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 1/3/2014, answer due 1/24/2014. Summons served on Melanie McGrath (authorized person). (Stevens, Paul) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #1 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 Issued as to Johnson & Johnson, #2 Summons Issued as to Ethicon, Inc.) (sak) [Transferred from West Virginia Southern on 1/24/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2858568. (Attachment: #1 Civil Cover Sheet) (sak) [Transferred from West Virginia Southern on 1/24/2020.] |
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