Ray v. Ethicon, Inc. et al
| Darla Ray |
| Ethicon Women's Health and Urology, Gynecare Worldwide, John Doe Corporations 1-50, Johnson & Johnson, Ethicon, LLC and Ethicon, Inc. |
| 1:2020cv00129 |
| June 18, 2020 |
| US District Court for the Northern District of Mississippi |
| Debra M Brown |
| Roy Percy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 17, 2021. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER requiring telephonic settlement conference. Counsel should call conference line 888-363-4735 (participant number 4317261) at previously scheduled time. There will be no in-person attendance permitted. Signed by Magistrate Judge Roy Percy on 8/12/2020. (rtc)
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Filing 86
ORDER Governing Pretrial Conference and Preparation of Final Pretrial Order. Signed by Magistrate Judge Roy Percy on 8/6/2020. (rtc)
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| Filing 85 NOTICE of Conference: Final Pretrial Conference set for 8/17/2021 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. (rtc) |
| Filing 84 NOTICE of Trial: MVD Jury Trial set for 9/20/2021 09:45 AM in Greenville Courtroom 1 before District Judge Debra M. Brown. (rt) (Main Document 84 replaced) |
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Filing 83
ORDER regarding settlement conference. Signed by Magistrate Judge Roy Percy on 8/3/2020. (rtc)
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Filing 82
CASE MANAGEMENT ORDER. Final Pretrial Conference set for 8/17/2021 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Motions due by 3/19/2021. Settlement Conference set for 9/22/2020 02:00 PM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 8/3/2020. (rtc)
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| Filing 81 Minute Entry for proceedings held before Magistrate Judge Roy Percy: Telephonic Case Management Conference held on 8/3/2020. (rtc) |
| Filing 80 Mail Returned as Undeliverable. Mail sent to Dennis A. Costigan, Donald A. Migliori (doc #67 ). (jtm) |
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Filing 79
ORDER granting #72 Motion to Appear Pro Hac Vice; Attorney Jonathan Orent. Signed by Magistrate Judge Roy Percy on 7/23/20. (bnd)
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Filing 78
ORDER granting #71 Motion to Appear Pro Hac Vice; Attorney Dennis Costigan. Signed by Magistrate Judge Roy Percy on 7/23/20. (bnd)
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Filing 77
ORDER granting #73 Motion to Appear Pro Hac Vice; Attorney Fred Thompson, III. Signed by Magistrate Judge Roy Percy on 7/23/20. (bnd)
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| Filing 76 GOOD FAITH CERTIFICATE re #71 MOTION to Appear Pro Hac Vice ; Attorney Dennis Costigan,(Paid $150 PHV fee; receipt number 0537-1829758) . (Rockstad, Trevor) |
| Filing 75 GOOD FAITH CERTIFICATE re #72 MOTION to Appear Pro Hac Vice ; Attorney Jonathan Orent,(Paid $150 PHV fee; receipt number 0537-1829763) . (Rockstad, Trevor) |
| Filing 74 GOOD FAITH CERTIFICATE re #73 MOTION to Appear Pro Hac Vice ; Attorney Fred Thompson, III,(Paid $150 PHV fee; receipt number 0537-1829769) . (Rockstad, Trevor) |
| CLERK'S NOTICE OF CORRECTION re #71 MOTION to Appear Pro Hac Vice ; Attorney Dennis Costigan, #73 MOTION to Appear Pro Hac Vice ; Attorney Fred Thompson, III, #72 MOTION to Appear Pro Hac Vice ; Attorney Jonathan Orent - Local counsel is requested to file certificates of good standing from the licensing authorities for all states where the applicants have been admitted to practice law, in accordance with L.U.Civ.R. 83.1(d)(4). (jtm) |
| Filing 73 MOTION to Appear Pro Hac Vice ; Attorney Fred Thompson, III,(Paid $150 PHV fee; receipt number 0537-1829769) by Darla Ray. (Rockstad, Trevor) |
| Filing 72 MOTION to Appear Pro Hac Vice ; Attorney Jonathan Orent,(Paid $150 PHV fee; receipt number 0537-1829763) by Darla Ray. (Rockstad, Trevor) |
| Filing 71 MOTION to Appear Pro Hac Vice ; Attorney Dennis Costigan,(Paid $150 PHV fee; receipt number 0537-1829758) by Darla Ray. (Rockstad, Trevor) |
| Filing 70 NOTICE of Attorney Appearance by Trevor Bruce Rockstad on behalf of Darla Ray (Rockstad, Trevor) |
| Filing 69 Mail Returned as Undeliverable. Mail sent to Dennis A. Costigan, Donald A. Migliori, Jonathan D. Orent, Michael G. Rousseau, and Fidelma L. Fitzpatrick (Doc #65 ) (jla) |
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TEXT ONLY ORDER requiring telephonic case management conference. Counsel should call conference line 888-363-4735 (participant number 4317261) at previously scheduled time. There will be no in-person attendance permitted. Signed by Magistrate Judge Roy Percy on 7/8/20. (cs)
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Filing 68
ORDER granting #66 Motion to Substitute Attorney. Attorney Susanna Moore Moldoveanu; Christopher David Morris; Susan M. Robinson; Paul S. Rosenblatt; David B. Thomas; Philip J. Combs and Christy D. Jones terminated. Signed by Magistrate Judge Roy Percy on 6/23/20. (bnd)
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Filing 67
INITIAL ORDER - RULE 16.1 Case Management Conference set for 8/3/2020 10:00 AM in Judge Percy Chambers before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 6/22/2020. (rtc)
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| Filing 66 MOTION to Substitute Attorney by Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 65 CLERK'S NOTICE of Failure by Counsel to be Admitted to Practice as to A. La'Verne Edney, Christopher D. Morris, Dennis A. Costigan, Donald A. Migliori, Fidelma L. Fitzpatrick, Fred Thompson, III, Harry F. Bell, Jr., Jonathan D. Orent, and Michael G. Rousseau (jla) |
| Filing 64 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-04475. Original file certified copy of transfer order and docket sheet received. |
| NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Percy. (jla) |
| Filing 63 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 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 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 (7346) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (7461) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7467) - Notice of Adoption of Pls' Reply of Timothy Ulatowski)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 62 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (7323) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (7399) - Notice of Adoption of Defs' Resp to Mot to Exclude Shelby Thames)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 61 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 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 (7309) - Notice of Adoption of Pls' Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (7417) - Notice of Adoption of Defs' Resp to Mot to Exclude Peter Rosenblatt)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 60 CONTINUATION OF DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2035) - Pls' Mot to Exclude Christina Pramudji, #2 Exhibit MDL ECF (2037) - Pls' Mem in Support of Mot to Exclude Christina Pramudji, #3 Exhibit MDL ECF (2153) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #4 Exhibit MDL ECF (2236) - Pls' Reply in Support of Mot to Exclude Christina Pramudji, #5 Exhibit MDL ECF (2530) - Defs' Resp to Pls' Mot to Exclude Christina Pramudji, #6 Exhibit MDL ECF (7303) - Notice of Adoption of Pls' Mot to Exclude Christina Pramudji, #7 Exhibit MDL ECF (7402) - Notice of Adoption of Defs' Resp to Mot to Exclude Christina Pramudji)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 59 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2943) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #2 Exhibit MDL ECF (3025) Defs Reply in Support of Mot to Exclude Anne Wilson, #3 Exhibit MDL ECF (7307) - Notice of Adoption of Defs' Mot to Exclude Anne Wilson, #4 Exhibit MDL ECF (7352) - Notice of Adoption of Pls' Resp to Mot to Exclude Anne Wilson)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 58 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2083) Part 1 - Defs' Mot to Exclude Anne Wilson, #2 Exhibit MDL ECF (2083) Part 2 - Defs' Mot to Exclude Anne Wilson, #3 Exhibit MDL ECF (2083) Part 3 - Defs' Mot to Exclude Anne Wilson, #4 Exhibit MDL ECF (2083) Part 4 - Defs' Mot to Exclude Anne Wilson, #5 Exhibit MDL ECF (2083) Part 5 - Defs' Mot to Exclude Anne Wilson, #6 Exhibit MDL ECF (2083) Part 6 - Defs' Mot to Exclude Anne Wilson, #7 Exhibit MDL ECF (2083) Part 7 - Defs' Mot to Exclude Anne Wilson, #8 Exhibit MDL ECF (2083) Part 8 - Defs' Mot to Exclude Anne Wilson, #9 Exhibit MDL ECF (2083) Part 9 - Defs' Mot to Exclude Anne Wilson, #10 Exhibit MDL ECF (2083) Part 10 - Defs' Mot to Exclude Anne Wilson, #11 Exhibit MDL ECF (2083) Part 11 - Defs' Mot to Exclude Anne Wilson, #12 Exhibit MDL ECF (2083) Part 12 - Defs' Mot to Exclude Anne Wilson, #13 Exhibit MDL ECF (2083) Part 13 - Defs' Mot to Exclude Anne Wilson, #14 Exhibit MDL ECF (2086) - Defs' Mem in Support of Mot to Exclude Anne Wilson, #15 Exhibit MDL ECF (2166) - Pls' Resp to Defs' Mot to Exclude Anne Wilson, #16 Exhibit MDL ECF (2242) - Defs' Reply in Support of Mot to Exclude Anne Wilson, #17 Exhibit MDL ECF (2830) Part 1 Defs Mot to Exclude Anne Wilson, #18 Exhibit MDL ECF (2830) Part 2 Defs Mot to Exclude Anne Wilson, #19 Exhibit MDL ECF (2830) Part 3 Defs Mot to Exclude Anne Wilson, #20 Exhibit MDL ECF (2830) Part 4 Defs Mot to Exclude Anne Wilson, #21 Exhibit MDL ECF (2830) Part 5 Defs Mot to Exclude Anne Wilson, #22 Exhibit MDL ECF (2830) Part 6 Defs Mot to Exclude Anne Wilson, #23 Exhibit MDL ECF (2830) Part 7 Defs Mot to Exclude Anne Wilson, #24 Exhibit MDL ECF (2830) Part 8 Defs Mot to Exclude Anne Wilson, #25 Exhibit MDL ECF (2831) Defs Mem in Support of Mot to Exclude Anne Wilson)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 57 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (1998) Defs Mot to Exclude Konstantin Walmsley, #2 Exhibit MDL ECF (1999) Defs Mem in Support of Mot to Exclude Konstantin Walmsley, #3 Exhibit MDL ECF (2171) Pls Resp to Defs' Mot to Exclude Konstantin Walmsley, #4 Exhibit MDL ECF (2245) - Defs' Reply in Support in Mot to Exclude Konstantin Walmsley, #5 Exhibit MDL ECF (2451) Part 1 Defs Mot to Exclude Konstantin Walmsley, #6 Exhibit MDL ECF (2451) Part 2 Defs Mot to Exclude Konstantin Walmsley, #7 Exhibit MDL ECF (2454) Defs Mem in Support of Mot to Exclude Konstantin Walmsley, #8 Exhibit MDL ECF (2823) Part 1 Defs Mot to Exclude Konstantin Walmsley, #9 Exhibit MDL ECF (2823) Part 2 Defs Mot to Exclude Konstantin Walmsley, #10 Exhibit MDL ECF (2823) Part 3 Defs Mot to Exclude Konstantin Walmsley, #11 Exhibit MDL ECF (2824) Defs Mem in Support of Mot to Exclude Konstantin Walmsley, #12 Exhibit MDL ECF (2941) - Pls' Resp to Defs' Mot to Exclude Konstantin Walmsley, #13 Exhibit MDL ECF (2953) - Pls' Resp to Defs' Mot to Exclude Konstantin Walmsley, #14 Exhibit MDL ECF (3585) Part 1 Defs Mot to Exclude Konstantin Walmsley, #15 Exhibit MDL ECF (3585) Part 2 Defs Mot to Exclude Konstantin Walmsley, #16 Exhibit MDL ECF (3586) Defs Mem in Support of Mot to Exclude Konstantin Walmsley, #17 Exhibit MDL ECF (3783) - Pls' Resp to Defs' Mot to Exclude Konstantin Walmsley, #18 Exhibit MDL ECF (6879) - Defs' Mot to Exclude Konstantin Walmsley, #19 Exhibit MDL ECF (6962) - Pls' Resp to Defs' Mot to Exclude Konstantin Walmsley, #20 Exhibit MDL ECF (7345) - Defs' Mot to Exclude Konstantin Walmsley, #21 Exhibit MDL ECF (7459) - Pls' Resp to Defs' Mot to Exclude Konstantin Walmsley)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 56 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (1994) - Defs' Mot to Exclude Neeraj Kohli, #2 Exhibit MDL ECF (1995) - Defs' Mem in Support of Mot to Exclude Neeraj Kohli, #3 Exhibit MDL ECF (2178) - Pls' Resp to Defs' Mot to Exclude Neeraj Kohli, #4 Exhibit MDL ECF (2218) - Defs' Reply in Support of Mot to Exclude Neeraj Kohli, #5 Exhibit MDL ECF (2806) Part 1 Defs Mot to Exclude Neeraj Kohli, #6 Exhibit MDL ECF (2806) Part 2 Defs Mot to Exclude Neeraj Kohli, #7 Exhibit MDL ECF (2806) Part 3 Defs Mot to Exclude Neeraj Kohli, #8 Exhibit MDL ECF (2809) Defs Mem in Support of Mot to Exclude Neeraj Kohli, #9 Exhibit MDL ECF (2944) Part 1 - Pls' Resp to Defs' Mot to Exclude Neeraj Kohli, #10 Exhibit MDL ECF (2944) Part 2 - Pls' Resp to Defs' Mot to Exclude Neeraj Kohli, #11 Exhibit MDL ECF (2944) Part 3 - Pls' Resp to Defs' Mot to Exclude Neeraj Kohli, #12 Exhibit MDL ECF (2944) Part 4 - Pls' Resp to Defs' Mot to Exclude Neeraj Kohli, #13 Exhibit MDL ECF (3023) Defs Reply in Support of Mot to Exclude Neeraj Kohli, #14 Exhibit MDL ECF (7337) - Notice of Adoption of Defs' Mot to Exclude Neeraj Kohli, #15 Exhibit MDL ECF (7357) - Notice of Adoption of Pls' Resp to Mot to Exclude Neeraj Kohli)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 55 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher, #9 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4675) Part 1 - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 2 - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4692) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (7333) - Notice of Adoption of Defs' Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (7355) - Notice of Adoption of Pls' Resp to Mot to Exclude Scott Guelcher, #18 Exhibit MDL ECF (7452) - Notice of Adoption of Defs' Reply Regarding Scott Guelcher)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 54 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) Part 1 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2176) Part 2 - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3589) Defs Mem in Support of Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (7338) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #15 Exhibit MDL ECF (7353) - Notice of Adoption of Pls' Resp to Mot to Exclude Jerry Blaivas)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 53 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)(Gage, William) (Modified on 6/15/2020 to add party filer) (mkw). [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 52
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 06/18/2020 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 6/17/2020 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 6/4/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon Women's Health and Urology, Ethicon, Inc., Ethicon, LLC, Gynecare Worldwide, Johnson & Johnson. (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 50 RESPONSE TO ORDER TO SHOW CAUSE by Darla Ray. (Costigan, Dennis) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 49
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 6/18/2020.]
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Filing 48
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 6/18/2020.]
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| Filing 47 MOTION AND MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Exclude Certain Case-Specific Opinions of Konstantin Walmsley, M.D. (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 46 RESPONSE by Darla Ray in opposition to #44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 45 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) (Modified on 11/29/2018 to remove terminated filer) (ts). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 44 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A)(Gage, William) (Modified on 11/29/2018 to remove terminated filer and to convert event to motion for partial summary judgment)(ts). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 43 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Plaintiff's Friends and Family Members on dates and at times to be determined. (Gage, William) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 42 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) (Modified on 10/4/2018 to remove party filer)(rmc).[Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 41 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Darla Ray on October 22, 2018 at 9:30 a.m. (Edney, A.) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 40 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Morris, Christopher) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 39 NOTICE of Adoption of Discovery and Briefing Performed in Wave 4 by Darla Ray (Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 38 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christopher D. Morris on behalf of Ethicon, Inc., Johnson & Johnson. (Morris, Christopher) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 37 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by A. La'Verne Edney on behalf of Ethicon, Inc., Johnson & Johnson. (Edney, A.) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 36 NON-REVISION ELECTION FORM: Continuing with the presently pending case without any waiver pursuant to the Pretrial Order; filed by Darla Ray. (Attachments: #1 Certificate of Service)(Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 35
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) (kab) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 34
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) (rec) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 33
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (rec) [Transferred from West Virginia Southern on 6/18/2020.]
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Filing 32
PRETRIAL ORDER # 267 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) Pursuant to PTO # 117 filed in MDL 2327, the Court granted Plaintiffs' Motion to Amend First Amended Master Long Form Complaint and Jury Demand and Amended Master Short Form Complaint to the extent it sought to remove defendant Ethicon, LLC from the Master Long Form Complaint and Amended Short Form Complaint and provided that the Court would initiate a show cause process regarding Ethicon, LLC in cases filed prior to the date of the Order; the cases identified as part of Wave discovery and included in the attached Exhibit A all pre-date PTO # 117 and name Ethicon, LLC as a defendant; the parties have agreed to dismiss Ethicon, LLC without prejudice from the cases identified on Exhibit A; it is ORDERED that Ethicon, LLC shall be dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kab) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 31 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures (Moldoveanu, Susanna) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 30 RESPONSE by Darla Ray to #29 Notice to Take Deposition of Dr. Konstantin Walmsley (Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 29 NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Konstantin Walmsley on February 15, 2017 at 2:00 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Defendants' Second Set of Requests for Production of Documents and Things, First Set of Requests for Admission, and First set of Interrogatories to Plaintiff. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 27 CERTIFICATE OF SERVICE by Darla Ray for Plaintiff's First Set of Interrogatories, Requests for Production of Documents and Requests for Admission to Defendants Ethicon, Inc. and Johnson & Johnson. (Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 26 NOTICE of Issuing Subpoena to Dr. William Billington by Ethicon, Inc., Johnson & Johnson re: #25 Notice of Video Deposition of Dr. William Billington (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. William Billington on February 7, 2017 at 3:30 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 24 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF DARLA RAY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Darla Ray (Sutherland, Kari) (Modified on 1/6/2017 to add party filer)(skh). [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 23 NOTICE OF TELEPHONIC DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Peter Wisniewski on January 6, 2017 at 3:00 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 22 CERTIFICATE OF SERVICE filed by Darla Ray for Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents and Things. (Thompson, Fred) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 21 NOTICE of Issuing Subpoena to Dr. John Shields by Ethicon, Inc., Johnson & Johnson re: #20 Notice of Video Deposition of Dr. John Shields (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. John Shields on February 6, 2017 at 1:30 p.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Darla Ray on December 8, 2016 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 18 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Defendants' First Set of Requests for Production of Documents and Things to Plaintiff (Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paul Stokely Rosenblatt on behalf of Ethicon, LLC. (Rosenblatt, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paul Stokely Rosenblatt on behalf of Ethicon, Inc., Johnson & Johnson. (Rosenblatt, Paul) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Darla Ray of John Shields, M.D. on January 16, 2017 at 12:00 p.m. (Attachment: #1 PTO 38)(Fitzpatrick, Fidelma) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. John Shields on 01/20/2017 at 9:00 a.m. (Attachment: #1 PTO 38)(Sutherland, Kari) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 13
PRETRIAL ORDER # 243 (Docket Control Order - Wave 4 Cases) The cases identified on Exhibit A will be known as the Ethicon Wave 4 cases and the following deadlines apply: Plaintiff Fact Sheets due by 11/28/2016; Defendant Fact Sheets due by 12/28/2016; Deadline for written discovery requests due by 01/31/2017; Expert disclosure by plaintiffs due by 01/17/2017; Expert disclosure by defendants due by 02/15/2017; Expert disclosure for rebuttal purposes due by 03/03/2017; Deposition deadline and close of discovery due by 03/17/2017; Filing of Dispositive Motions due by 04/06/2017; Response to Dispositive Motions due by 04/20/2017; Reply to response to dispositive motions due by 04/27/2017; Filing of Daubert motions due by 04/13/2017; Responses to Daubert motions due by 04/27/2017; Reply to response to Daubert motions due by 05/04/2017, as more fully set forth herein; 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 02/09/2017, any response is due 02/23/2017 and any reply is due 03/02/2017. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 01/30/2017, and the parties shall submit joint venue recommendations to the court by 02/09/2017. Transfer and Remand. At the conclusion of pre-trial proceedings, the court, pursuant to PTO # 15 and 28 U.S.C. 1404(a), will transfer each directly-filed case to a federal district court of proper venue as defined in 28 U.S.C. 1391. In the alternative, pursuant to PTO # 15 and 28 U.S.C. 1407, cases that were transferred to this court by the MDL panel shall be remanded for further proceedings to the federal district court from which each such case was initially transferred. Trial Settings. If a case is to be tried in the United States District Court for the Southern District of West Virginia, the case shall be deemed trial-ready when discovery is completed and the court rules on the parties pretrial motions. Signed by Judge Joseph R. Goodwin on 10/25/2016. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 4 Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 6/18/2020.] |
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Filing 10
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (all) [Transferred from West Virginia Southern on 6/18/2020.]
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| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 8 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 6/18/2020.] |
| Filing 7 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 6/18/2020.] |
| Filing 6 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 6/18/2020.] |
| 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 6/18/2020.] |
| Filing 4 AMENDED SHORT FORM COMPLAINT filed by Darla Ray against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Bell, Harry) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 3 SUMMONS ISSUED by the Clerk on behalf of Darla Ray for Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare Worldwide, Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 11 (Stipulated Protective Order) entered on 07/30/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 6/18/2020.] |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 0425-1953801. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 6/18/2020.] |
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