Woods et al v. Ethicon, Inc. et al
| Vicki C. Woods and Tim Woods, Sr. |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 3:2020cv00678 |
| October 23, 2020 |
| US District Court for the Southern District of Mississippi |
| F Keith Ball |
| Daniel P Jordan |
| Tom S Lee |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 33 NOTICE of Appearance by Kasey M. Adams on behalf of Ethicon, Inc., Johnson & Johnson (Adams, Kasey) |
TEXT-ONLY ORDER granting #32 Motion to Substitute Attorney. Attorneys Susan M. Robinson and David B. Thomas terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 11/2/2020. (dcw)
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| Filing 32 MOTION to Substitute Attorney by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Sutherland, Kari) |
| Filing 31 NOTICE of Appearance by Kari L. Sutherland on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Sutherland, Kari) |
| Filing 30 NOTICE of Appearance by Nikita S. McMillian on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (McMillian, Nikita) |
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Filing 29
ORDER OF RECUSAL. District Judge Carlton W. Reeves recused. Case reassigned to District Judge Tom S. Lee for all further proceedings. Signed by District Judge Carlton W. Reeves on 10/29/2020 (PG)
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Filing 28
ORDER OF RECUSAL. Chief District Judge Daniel P. Jordan, III recused. Case reassigned to District Judge Carlton W. Reeves for all further proceedings. Signed by Chief District Judge Daniel P. Jordan, III on 10/28/2020 (PG)
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| Filing 27 Letter sent to Susan M. Robinson, Esq., and David B. Thomas, Esq., on October 27, 2020, requesting PHV motion, proposed order and fee. (PG) |
| Filing 26 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-06477. Original file certified copy of transfer order and docket sheet received. |
| Filing 25 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 (240) Master Answer of Ethicon LLC to First Amended Master Complaint, #4 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 10/22/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 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 10/22/2020 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 10/9/2020. (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 10/23/2020.]
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Filing 23
PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (ts) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 22
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 10/23/2020.]
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Filing 21
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (lca) (ADI) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 20
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (mmw) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 19
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (rec) [Transferred from West Virginia Southern on 10/23/2020.]
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Filing 18
INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibit A, the plaintiffs and Ethicon, Inc., Johnson & Johnson, and where named, Ethicon, LLC have agreed to a mutual stay of activity. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) the Clerk is directed to retire each of the cases listed on the attached Exhibit A from the active docket, 3) any case listed on Exhibit A that has not been dismissed or does not have a motion to reinstate to the active docket filed with the court for consideration by 3/31/2018 will be reinstated to the active docket by order of the court with a shortened Docket Control Order. This Order is linked to the Proposed Inactive Docket Order filed at ECF No. 5045. Signed by Judge Joseph R. Goodwin on 11/15/2017. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (drs) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 17 PLAINTIFF PROFILE FORM filed by Tim Woods, Sr, Vicki C. Woods. (Langston, Shane) [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 16
ORDER In light of the withdrawal of Defendants' Motion to Dismiss, the #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Short Form Complaint is DENIED as moot. Signed by Judge Joseph R. Goodwin on 3/30/2016. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 15 NOTICE OF WITHDRAWAL of #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Complaint by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Thomas, David) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 14 STIPULATION TO EXTEND TIME TO RESPOND to #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Short Form Complaint to 04/11/16 by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Vicki C. Woods, Tim Woods, Sr. (Thomas, David) (Modified on 3/15/2016 to add party filers) (skh). [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 13
ORDER granting #12 MOTION by Vicki C. Woods for Extension of Time to File her Response to #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Complaint to 03/19/2016; Response due by 3/19/2016. Signed by Judge Joseph R. Goodwin on 3/4/2016. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 12 MOTION by Vicki C. Woods for Extension of Time to File her Response to #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Complaint to 03/19/2016 (Langston, Shane) (Modified on 3/3/2016 to remove party filer) (skh). [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Short Form Complaint (Thomas, David) [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 10
ORDER granting #8 MOTION to Withdraw as Attorney. Attorney Keesha D. Middleton terminated. Signed by Judge Joseph R. Goodwin on 4/2/2014. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 10/23/2020.]
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| Filing 9 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Keesha D. Middleton on behalf of Tim Woods, Sr, Vicki C. Woods. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 8 MOTION by Keesha D. Middleton to Withdraw as Counsel of Record on behalf of Tim Woods, Sr, Vicki C. Woods (Attachment: #1 Proposed Order)(Middleton, Keesha) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Shane F. Langston on behalf of Tim Woods, Sr., Vicki C. Woods. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Rebecca M. Langston on behalf of Tim Woods, Sr., Vicki C. Woods. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/23/2020.] |
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Filing 5
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 10/23/2020.]
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| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton on behalf of Tim Woods, Sr, Vicki C. Woods. (Middleton, Keesha) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 41 (Defendant Fact Sheet) entered on 03/15/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Defendant's Fact Sheet) (jap) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and 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, #2 Summons) (jws) [Transferred from West Virginia Southern on 10/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2309956. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 10/23/2020.] |
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