Nelson et al v. Ethicon, Inc. et al
Mitzi Nelson and Tim Nelson |
Endo Pharmaceuticals Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Johnson & Johnson, Ethicon, Inc., American Medical Systems Holdings, Inc. and Ethicon, LLC |
3:2019cv00775 |
October 31, 2019 |
US District Court for the Southern District of Mississippi |
F Keith Ball |
Carlton W Reeves |
Personal Inj. Prod. Liability |
28 U.S.C. § 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on December 26, 2019. A more recent docket listing may be available from PACER.
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Filing 42 Rule 16(a) Initial Order Telephonic Case Management Conference set for 2/13/2020 10:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ) |
TEXT-ONLY ORDER granting #41 Motion to Withdraw as Attorney. Attorney Susan M. Robinson terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 11/7/2019. (dcw) |
TEXT ONLY ORDER granting #40 Motion to Withdraw as Attorney. Attorney William M. Gage terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 11/7/2019. (dcw) |
Filing 41 MOTION to Withdraw as Attorney Susan M. Robinson by Ethicon, Inc., Johnson & Johnson (Hewes, Michael) |
Filing 40 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (Gage, William) |
Filing 39 NOTICE of Appearance by Michael B. Hewes on behalf of Ethicon, Inc., Johnson & Johnson (Hewes, Michael) |
Filing 38 Letter sent to (Susan M. Robinson, Esq.) on (October 31, 2019) requesting PHV motion, proposed order and fee. (MGB) |
Filing 37 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-00729. Original file certified copy of transfer order and docket sheet received. |
Filing 36 JOINT 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)(Gage, William) (Modified on 10/30/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 35 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 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 10/29/2019 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 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 33 RESPONSE by American Medical Systems, Inc. to #32 Show Cause Order (Binis, Barbara) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 32 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 10/31/2019.] |
Filing 31 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 10/31/2019.] |
Filing 30 ORDER granting #29 JOINT MOTION by American Medical Systems, Inc., Tim Nelson, Mitzi Nelson to Dismiss With Prejudice and MOTION by Plaintiffs TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2327 Ethicon; the Clerk is directed to disassociate this civil action as a member case in MDL 2325 and re-associate it with MDL 2327. Signed by Judge Joseph R. Goodwin on 2/22/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 29 JOINT MOTION by American Medical Systems, Inc., Tim Nelson, Mitzi Nelson to Dismiss With Prejudice and MOTION by Plaintiffs TO TRANSFER this member case from MDL 2325 American Medical Systems to MDL 2327 Ethicon. (Binis, Barbara) (Modified on 11/15/2018 to add party filers)(ts). [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 28 ORDER granting the Motions filed in MDL 2325 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 2325 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 2325 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (mwk) (ADI) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 27 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by American Medical Systems, Inc., American Medical Systems Holdings, Inc., Endo Pharmaceuticals, Inc., Endo Health Solutions, Inc., Tim Nelson, Mitzi Nelson (Binis, Barbara) (Modified on 7/13/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 26 PRETRIAL ORDER # 255 (Amended Docket Control Order American Medical Systems Inc. Wave 3 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 249. 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 3 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; 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 2325; AMS Wave 3 Cases) (kab) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 25 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) (st) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 24 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) (mmw) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 23 ORDER denying #22 MOTION by Mitzi Nelson to Remove Case from Wave 3. Signed by Judge Joseph R. Goodwin on 3/27/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 22 MOTION by Mitzi Nelson to Remove Case from Wave 3. (Nabors, Jason) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 21 NOTICE OF ATTORNEY APPEARANCE by Jason Nabors on behalf of Mitzi Nelson. (Nabors, Jason) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 20 PRETRIAL ORDER # 249 (Docket Control Order - American Medical Systems Inc. Wave 3 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING AMERICAN MEDICAL SYSTEMS, 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 3 cases") becomes subject to the deadlines in this Docket Control Order. For any case(s) in the American Medical Systems, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 case is lifted and the Covidien Wave 1 case is incorporated in the American Medical Systems, Inc., Wave 3 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 3 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 3 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 2325; AMS Wave 3 Cases Listed on Exhibit A) (ts) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 19 PLAINTIFF PROFILE FORM filed by Mitzi Nelson, Tim Nelson. (Langston, Shane) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 18 PLAINTIFF PROFILE FORM filed by Mitzi Nelson, Tim Nelson. (Langston, Shane) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 17 ORDER: Vacating the #16 Inactive Docket Order entered 6/23/2015 only as to the inactive status of member case case 2:13-cv-00729 Nelson, et al. v. American Medical, et al.; placing the same back on the active docket. Signed by Judge Joseph R. Goodwin on 6/23/2015. (cc: attys; any unrepresented party) (REF: ALL CASES) (ras) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 16 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and American Medical Systems have reached a settlement with regard to AMS. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and AMS may submit an agreed order of dismissal with prejudice on or before April 30, 2016; otherwise the case will be dismissed without prejudice. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. Signed by Judge Joseph R. Goodwin on 6/23/2015. (cc: attys; any unrepresented party) (ras) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 15 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 10/31/2019.] |
Filing 14 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 10/31/2019.] |
Filing 13 ORDER denying as moot #11 MOTION by Keesha D. Middleton to Withdraw as Counsel of Record on behalf of Mitzi Nelson, Tim Nelson. Signed by Judge Joseph R. Goodwin on 4/7/2014. (cc: attys; any unrepresented party) (skh) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 12 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Keesha D. Middleton on behalf of Mitzi Nelson, Tim Nelson. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 11 MOTION by Keesha D. Middleton to Withdraw as Counsel of Record on behalf of Mitzi Nelson, Tim Nelson (Attachment: #1 Proposed Order)(Middleton, Keesha) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Shane F. Langston on behalf of Mitzi Nelson, Tim Nelson. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Rebecca M. Langston on behalf of Mitzi Nelson, Tim Nelson. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 8 ORDER: Based on representation of counsel that Jessica Elizabeth Murray 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 2/11/2014. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton on behalf of Mitzi Nelson, Tim Nelson. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 5 ELECTRONIC SUMMONS ISSUED as to American Medical Systems, Inc., Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #4 Amended Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons - Ethicon, Inc., #2 Summons - Ethicon, LLC, #3 Summons - Johnson & Johnson) (skh) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 4 AMENDED SHORT FORM COMPLAINT filed by Mitzi Nelson, Tim Nelson against American Medical Systems, Inc. ("AMS"), Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Attachments: #1 Summons, Johnson & Johnson, #2 Summons, Ethicon, Inc., #3 Summons, Ethicon, LLC, #4 Summons, AMS)(Murray, Jessica) [Transferred from West Virginia Southern on 10/31/2019.] |
DEFENDANTS Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #56 entered in MDL 2325, American Medical Systems, Inc. on 04/03/2013. (slr) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 3 TRANSMITTED PRETRIAL ORDER #36 (Order Cancelling January 10, 2013, In Chambers Conference and Status Conference) entered on 01/08/2013 in MDL 2325 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 2 ELECTRONIC SUMMONS ISSUED as to American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., and Endo Pharmaceuticals, Inc., 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). (Attachment: #1 as to American Medical Systems Holdings, Inc., #2 as to Endo Pharmaceuticals, Inc., #3 as to Endo Health Solutions Inc.) (mmw) [Transferred from West Virginia Southern on 10/31/2019.] |
Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2173629. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 10/31/2019.] |
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