Lim v. Ethicon, Inc. et al
| Deserie Lim |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 3:2020cv00780 |
| December 4, 2020 |
| US District Court for the Southern District of Mississippi |
| Linda R Anderson |
| LaKeysha Greer Isaac |
| Kristi H Johnson |
| Henry T Wingate |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 90
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge LaKeysha Greer Isaac for all further proceedings. Magistrate Judge Linda R. Anderson no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 1/5/2021 (LAT)
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| Parties should include the case number new judge assignment of 3:20CV780KHJ-LGI on future filings (LAT) |
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Filing 89
***ERROR***DISREGARD THIS ENTRY.***ORDER ON PARTIAL DISMISSAL. The claim against Defendant Joshua Bridges is dismissed with prejudice. The claims against Defendants Officer Hicks and McQuaery Jordan are dismissed as malicious. This dismissal is without prejudice as to the prior pending lawsuit of Johnson v. Bramlett, Case No. 3:20-CV-204-DPJ-FKB, and with prejudice in all other respects. Signed by District Judge Kristi H. Johnson on 1/4/2021 (srd) Modified on 1/4/2021 (LAT).
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| DOCKET ANNOTATION as to #89 : This document was inadvertently docketed in the wrong case. Please disregard this entry. (LAT) |
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Filing 88
ORDER REASSIGNING CASE. Case reassigned to District Judge Kristi H. Johnson for all further proceedings. District Judge Henry T. Wingate no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 12/14/20 (MGB)
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| Attorneys are advised to include the case number and new judge assignment of 3:20-cv-780KHJ-LRA on future pleadings. (MGB) |
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TEXT ONLY ORDER granting #86 Motion to Withdraw as Attorney. Attorney David B. Thomas; Benjamin M. Watson; William M. Gage and Susan M. Robinson terminated. NO WRITTEN ORDER TO FOLLOW. Signed by Magistrate Judge Linda R. Anderson on 12/6/2020. (ACF)
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| Filing 87 NOTICE of Appearance by Kasey M. Adams on behalf of Ethicon, Inc., Johnson & Johnson (Adams, Kasey) |
| Filing 86 MOTION to Withdraw as Attorney by Ethicon, Inc., Johnson & Johnson (Adams, Kasey) |
| Filing 85 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-06974. Original file certified copy of transfer order and docket sheet received. |
| Filing 84 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (1986) - Pls' Amended Mot to Exclude Thomas Wright, #2 Exhibit MDL ECF (1988) - Pls' Amended Mem in Support of Mot to Exclude Thomas Wright, #3 Exhibit MDL ECF (2143) - Defs' Resp to Pls' Amended Mot to Exclude Thomas Wright, #4 Exhibit MDL ECF (3844) - Pls' Reply to Notice of Adoption of Resp of Thomas Wright, #5 Exhibit MDL ECF (8964) - Notice of Adoption of Pls' Mot to Exclude Thomas C. Wright, #6 Exhibit MDL ECF (9042) - Notice of Adoption of Defs' Resp to Mot to Exclude Thomas C. Wright)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 83 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 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 (7346) Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #6 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #7 Exhibit MDL ECF (8960) - Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (9051) - Notice of Adoption of Defs' Resp to Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 82 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 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 (8071) Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (8073) Pls' Mem in Support of Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (8958) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (9061) Notice of Adoption of Defs' Resp to Mot to Exclude Shelby Thames)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 81 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (4328) - Pls' Mot to Exclude Marshall Shoemaker, #2 Exhibit MDL ECF (4329) Pls Mem in Support of Mot to Exclude Marshall Shoemaker, #3 Exhibit MDL ECF (4551) Defs Resp to Pls' Mot to Exclude Marshall Shoemaker, #4 Exhibit MDL ECF (8953) - Notice of Adoption of Pls' Mot to Exclude Marshall Shoemaker, #5 Exhibit MDL ECF (9066) -Notice of Adoption of Defs' Resp to Mot to Exclude Marshall Shoemaker)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 80 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (6876) Pls Mot to Exclude C. Bryce Bowling, #2 Exhibit MDL ECF (6877) Pls Mem in Support of Mot to Exclude C. Bryce Bowling, #3 Exhibit MDL ECF (7020) Part 1 Defs' Resp to Pls Mot to Exclude C. Bryce Bowling, #4 Exhibit MDL ECF (7020) Part 2 Defs' Resp to Pls Mot to Exclude C. Bryce Bowling, #5 Exhibit MDL ECF (8925) - Notice of Adoption of Pls' Mot to Exclude C. Bryce Bowling, #6 Exhibit MDL ECF (9070) - Notice of Adoption of Defs' Resp to Mot to Exclude C. Bryce Bowling)(Gage, William) (Modified on 12/3/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 79 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (1983) - Defs' Mot to Exclude Howard Jordi, #2 Exhibit MDL ECF (1985) - Defs' Mem in Support of Mot to Exclude Howard Jordi, #3 Exhibit MDL ECF (2186) - Pls' Resp to Defs' Mot to Exclude Howard Jordi, #4 Exhibit MDL ECF (2216) - Defs' Reply in Support of Mot to Exclude Howard Jordi, #5 Exhibit MDL ECF (3633) Part 1 - Defs' Mot to Exclude Howard Jordi, #6 Exhibit MDL ECF (3633) Part 2 - Defs' Mot to Exclude Howard Jordi, #7 Exhibit MDL ECF (3637) - Defs' Mem in Support of Mot to Exclude Howard Jordi, #8 Exhibit MDL ECF (3771) - Pls' Resp to Defs' Mot to Exclude Howard Jordi, #9 Exhibit MDL ECF (3836) - Defs' Reply in Support of Mot to Exclude Howard Jordi, #10 Exhibit MDL ECF (8974) - Notice of Adoption of Defs' Mot to Exclude Howard Jordi, #11 Exhibit MDL ECF (9006) - Notice of Adoption of Pls' Resp to Mot to Exclude Howard Jordi)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 78 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (3790) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3790) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3790) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3865) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (8804) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (8804) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (8804) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (8804) Part 4 - Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (8804) Part 5 - Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (8804) Part 6 - Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (8804) Part 7 - Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (8804) Part 8 - Defs' Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (8804) Part 9 - Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (8804) Part 10 - Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (8805) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (8322) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (8979) - Notice of Adoption of Defs' Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (9005) - Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 12/3/2020 to add party filer)(mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 77 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (2066) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (2066) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (2066) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (2066) Part 4 - Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (2066) Part 5 - Defs' Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (2066) Part 6 - Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (2070) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (2185) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (2185) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (2185) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (2185) Part 4 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (2185) Part 5 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (2185) Part 6 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (2185) Part 7 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (2185) Part 8 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (2185) Part 9 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (2185) Part 10 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (2185) Part 11 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #19 Exhibit MDL ECF (2185) Part 12 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #20 Exhibit MDL ECF (2185) Part 13 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #21 Exhibit MDL ECF (2185) Part 14 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #22 Exhibit MDL ECF (2185) Part 15 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #23 Exhibit MDL ECF (2251) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 76 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #75 CONTINUED, MDL ECF (2082) Part 1 - Defs' Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs' Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs' Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2085) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 4 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8311) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8986) - Notice of Adoption of Defs' Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (9002) - Notice of Adoption of Pls' Resp to Mot to Exclude Daniel Elliott)(Gage, William) (Modified on 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 75 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 12/3/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 74
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 12/4/2020 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 12/3/2020 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 11/20/2020. (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 12/4/2020.]
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| Filing 73 REPLY by Ethicon, Inc., Johnson & Johnson to #71 Response In Opposition. (Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 72 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #53 Response In Opposition. (Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 71 RESPONSE by Deserie Lim in opposition to #52 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude or Limit Case-Specific Testimony and Opinions of Matthew E. Karlovsky, M.D., F.A.C.S. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 70 MEMORANDUM by Deserie Lim in opposition to #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H1, #9 Exhibit H2)(Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 69 EXHIBIT 2 by Deserie Lim in support of #66 Response In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 68 EXHIBIT by Deserie Lim in support of #66 Response In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 67 EXHIBIT 1 by Deserie Lim in support of #66 Response In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 66 RESPONSE by Deserie Lim in opposition to #52 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude or Limit Case-Specific Testimony and Opinions of Matthew E. Karlovsky, M.D., F.A.C.S. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 65 EXHIBIT by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 64 EXHIBIT H by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 63 EXHIBIT A by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 62 EXHIBIT G by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 61 EXHIBIT F by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 60 EXHIBIT E by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 59 EXHIBIT D by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 58 EXHIBIT C by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 57 EXHIBIT D by Deserie Lim in support of #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 56 EXHIBIT C by Deserie Lim in support of #52 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude or Limit Case-Specific Testimony and Opinions of Matthew E. Karlovsky, M.D., F.A.C.S.. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 55 EXHIBIT B by Deserie Lim in support of #54 Memorandum In Opposition. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 54 MEMORANDUM by Deserie Lim in opposition to #52 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude or Limit Case-Specific Testimony and Opinions of Matthew E. Karlovsky, M.D., F.A.C.S. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 53 RESPONSE by Deserie Lim in opposition to #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 52 MOTION and Memorandum by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude or Limit Case-Specific Testimony and Opinions of Matthew E. Karlovsky, M.D., F.A.C.S. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 51 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 50 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 49 PARTIAL OBJECTION by Deserie Lim to #42 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Matthew Karlovsky on 12/12/2019 at 10:00 AM (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 48 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Placeholder on TBD at TBD (Adams, Kasey) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 47 NOTICE OF ATTORNEY APPEARANCE by Kevin White on behalf of Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 46 NOTICE OF ATTORNEY APPEARANCE by Christopher Broome on behalf of Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 45 NOTICE of Issuance of Amended Supboena to Testiy at a Deposition in a Civil Action to Dr. Paul Seago by Ethicon, Inc., Johnson & Johnson (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 44 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Seago on 12/04/2019 at 1:00 PM (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 43 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 42 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Matthew Karlovsky on 12/12/2019 at 10:00 AM (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 41 CERTIFICATE OF SERVICE by Deserie Lim for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 40 NOTICE of Issuing Subpoena to Dr. Paul Seagoby by Ethicon, Inc., Johnson & Johnson (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 39 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Paul Seago on 11/05/2019 at 2:00 PM (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 38
ORDER denying #37 MOTION by Deserie Lim to Extend Time to File Plaintiff's Expert Disclosures to 11/07/2019. Signed by Judge Joseph R. Goodwin on 10/7/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 37 MOTION by Deserie Lim to Extend Time to File Plaintiff's Expert Disclosures to 11/07/2019 (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 36 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Objections and Responses to Plaintiff's First Set of Interrogatories, Requests for Production, and Requests for Admissions. (Adams, Kasey) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 35
PRETRIAL ORDER # 346 (Docket Control Order - Ethicon, Inc. Wave 13 Cases) The Pretrial Order # 341 is AMENDED to correct a typographical error in Paragraph A (Scheduling Deadlines); the court has removed cases from the original Exhibit A that have since closed; the remaining provisions related to Wave 13 remain in effect and are set forth herein. Signed by Judge Joseph R. Goodwin on 9/10/2019. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 34 NOTICE of Service of Discovery by Deserie Lim (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 33 NOTICE OF ATTORNEY APPEARANCE by Shane F. Langston on behalf of Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE by Shane F. Langston on behalf of Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 31 NOTICE OF ATTORNEY APPEARANCE by Shane F. Langston on behalf of Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 30 NOTICE OF VIDEOTAPED DEPOSITION by Ethicon, Inc., Johnson & Johnson of Deserie Lim on September 16, 2019 at 1:00 p.m. (Adams, Kasey) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 29 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Request for Admissions, and Request for Production of Documents to Plaintiff. (Adams, Kasey) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 28 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Benjamin M. Watson on behalf of Ethicon, Inc., Johnson & Johnson. (Watson, Benjamin) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kasey Mitchell Adams on behalf of Ethicon, Inc., Johnson & Johnson. (Adams, Kasey) [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 26
ORDER (Docket Control Order Ethicon, Inc. Wave 13 Cases) The #25 Joint Motion for Relief from Dismissal Order is GRANTED; the #24 Order is VACATED in this case only; the Clerk is directed to remove the closed flag, reopen this case and return it to the active docket; the court ORDERS as follows: SCHEDULING DEADLINES. Plaintiff Fact Sheets due by 08/01/2019. Defendant Fact Sheets due by 08/08/2019. Deadline for written discovery requests due by 09/09/2019. Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 10/08/2019. Expert disclosure served by defendants pursuant to Fed. R. Civ P. 26 as limited by 3.a. of this order due by 11/07/2019. Expert disclosure served for rebuttal pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 11/14/2019. Deposition deadline and close of discovery due by 12/13/2019. Filing of dispositive motions due by 12/20/2019. Response to dispositive motions due by 01/03/2020. Reply to response to dispositive motions due by 01/10/2020. Filing of Daubert motions due by 12/20/2020. Responses to Daubert motions due by 01/03/2020. Reply to response to Daubert motions due by 01/10/2020. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due by 11/4/2019, and any response is due by 11/18/2019. Any reply is due by 11/25/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no late than 11/5/2019, and are ORDERED to file joint venue recommendations by 11/15/2019. The Clerk is directed to remove any existing wave, closed or inactive flags from this case and place the Ethicon Wave 13 flag. Signed by Judge Joseph R. Goodwin on 7/26/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 25 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Deserie Lim for Relief from Dismissal Order [ECF No. 24] (Robinson, Susan) (Modified on 7/24/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 24
ORDER (Dismissing Ethicon Defendants without Prejudice) granting the Joint Motion to Dismiss without Prejudice filed in MDL 2327, the Ethicon defendants are DISMISSED WITHOUT PREJUDICE from the action(s) listed on the attached Exhibit(s); and if there are no remaining defendants in a civil action, then (a) that civil action is dismissed without prejudice and stricken from the docket and (b) any pending motions are DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/4/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases on the attached Exhibit(s)) (kew) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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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 12/4/2020.]
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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 12/4/2020.]
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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 12/4/2020.]
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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 12/4/2020.]
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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 12/4/2020.]
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Filing 18
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. 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 Ethicon may submit an agreed order of dismissal with prejudice on or before 3/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4794 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 12/1/2017. (cc: attys; any unrepresented party) (mek) (ADI) [Transferred from West Virginia Southern on 12/4/2020.]
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| Filing 17 PLAINTIFF PROFILE FORM filed by Deserie Lim. (Langston, Shane) [Transferred from West Virginia Southern on 12/4/2020.] |
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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 12/4/2020.]
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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 12/4/2020.] |
| 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 04/13/16 by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Deserie Lim (Thomas, David) (Modified on 3/15/2016 to add party filer) (skh). [Transferred from West Virginia Southern on 12/4/2020.] |
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Filing 13
ORDER granting #12 MOTION by Deserie Lim for Extension of Time to File her Response to #11 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss re: #1 Complaint to 3/19/2016; 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 12/4/2020.]
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| Filing 12 MOTION by Deserie Lim 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) [Transferred from West Virginia Southern on 12/4/2020.] |
| 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 12/4/2020.] |
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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 12/4/2020.]
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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 Deserie Lim. (Middleton, Keesha) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 8 MOTION by Keesha D. Middleton to Withdraw as Counsel of Record on behalf of Deserie Lim (Attachment: #1 Proposed Order)(Middleton, Keesha) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Shane F. Langston on behalf of Deserie Lim. (Middleton, Keesha) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton for Rebecca M. Langston on behalf of Deserie Lim. (Middleton, Keesha) [Transferred from West Virginia Southern on 12/4/2020.] |
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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 12/4/2020.]
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| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Keesha D. Middleton on behalf of Deserie Lim. (Middleton, Keesha) [Transferred from West Virginia Southern on 12/4/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 42 (AGREED ORDER RE: DISMISSAL OF ENDO ENTITIES IN ALL CASES) entered on 04/03/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 12/4/2020.] |
| 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 12/4/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2322408. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 12/4/2020.] |
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