Pitlyk et al v. Ethicon, Inc. et al
| William Pitlyk and Denise Pitlyk |
| Ethicon, Inc. and Johnson & Johnson |
| 4:2020cv00886 |
| July 1, 2020 |
| US District Court for the Eastern District of Missouri |
| Stephen R Bough |
| Ronnie L White |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 82 TEXT ORDER: For good cause shown, the Verified Motion for Admission Pro Hac Vice (Doc. #77) is GRANTED. Rita A. Maimbourg shall be admitted pro hac vice for the purpose of representing Defendants in this case. Signed by Stephen R. Bough on 8/13/20. (TLD) |
Filing 81
Order: denying #40 Motion to Exclude. Signed by Stephen R. Bough on 8/12/20. (TLD)
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Filing 80
Order denying #44 Motion to Exclude. Signed by Stephen R. Bough on 8/12/2020. (TLD)
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Filing 79
SCHEDULING ORDER: Jury Trial set for 4/5/2021 09:00 AM in Courtroom 3N - St. Louis before Stephen R. Bough. Pretrial Conference set for 3/5/2021 01:30 PM in Kansas City before Stephen R. Bough. Signed by Stephen R. Bough on 8/6/20. (TLD)
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| Filing 78 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before Stephen R. Bough: Scheduling Telephone Conference held on 8/6/2020. Scheduling order to be entered. (Court Reporter: Gayle Wambolt, Gayle_Wambolt@mow.uscourts.gov, 816-512-5641) (proceedings started: 11:00 am) (proceedings ended: 11:35 am)(Appearance for Plaintiff: Thomas P. Cartmell and Brandon D. Henry)(Appearance for Defendant: Cicely I. Lubben and Rita Ann Maimbourg) (TLD) |
| Filing 77 MOTION for Leave to Appear Pro Hac Vice Rita A. Maimbourg. for Defendants Ethicon, Inc. and Johnson & Johnson The Certificate of Good Standing was attached.(Filing fee $100 receipt number BMOEDC-8052242) by Defendants Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Attachment Certificate of Good Standing 7-31-20)(Maimbourg, Rita) |
| TEXT ORDER: Telephone Conference set for 8/6/2020 11:00 AM before Stephen R. Bough.Signed by Stephen R. Bough on 7/28/20. (TLD) This is a text entry no document is attached. Conference call information emailed to counsel. |
| Filing 76 Text Order: Before this Court is the Motion to Withdraw by Defense Counsel (Doc. #68) and by Plaintiff Counsel Jeffrey Kuntz (Doc. #74). For good cause stated and since additional counsel will continue to represent the parties, the Motions are granted. Signed by Stephen R. Bough on 7/27/20. (TLD) |
| Filing 75 DESIGNATION OF UNITED STATES DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT Case reassigned to Judge Stephen R. Bough, Western District of Missouri, for all further proceedings. District Judge Ronnie L. White no longer assigned to case. Signed by Chief Judge Lavenski R. Smith, Eighth Circuit Court of Appeals, on 7/24/2020. (KXS) |
| Filing 74 MOTION to Withdraw Jeffrey Kuntz by Plaintiffs Denise Pitlyk, William Pitlyk. (Kuntz, Jeffrey) |
| Filing 73 NOTICE Entry of Appearance: by Plaintiffs Denise Pitlyk, William Pitlyk (Cartmell, Thomas) |
| Filing 72 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiffs Denise Pitlyk, William Pitlyk.. (Henry, Brandon) |
| Filing 71 ENTRY of Appearance by Brandon D. Henry for Plaintiffs Denise Pitlyk, William Pitlyk. (Henry, Brandon) |
| Filing 70 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Johnson & Johnson. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Lubben, Cicely) |
| Filing 69 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Ethicon, Inc.. Parent companies: Johnson & Johnson, Subsidiaries: none, Publicly held company: Johnson & Johnson,. (Lubben, Cicely) |
| Filing 68 MOTION to Withdraw as Attorney ;attorney/firm David B. Thomas and Susan M. Robinson/Thomas Combs & Spann PLLC; Christy D. Jones, Kari L. Sutherland, and William M. Gage/Butler Snow LLP by Defendants Ethicon, Inc., Johnson & Johnson. (Lubben, Cicely) |
| Filing 67 ENTRY of Appearance by Cicely I. Lubben for Defendants Ethicon, Inc., Johnson & Johnson. (Lubben, Cicely) |
| Filing 66 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendants Ethicon, Inc., Johnson & Johnson. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). Disclosure of Organizational Interests Certificate due by 7/16/2020. (KCB) |
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Filing 65
ORDER: IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment. Signed by District Judge Ronnie L. White on 7/2/2020. (TMT)
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| Filing 64 Case transferred in from District of West Virginia Southern; Case Number 2:14-cv-31208. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Case Opening Notification: All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Ronnie L. White. Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JWD) |
| Filing 63 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 2687 Daubert-Raybon, #2 Exhibit MDL ECF 3298 Daubert-Raybon, #3 Exhibit MDL ECF 2668 Daubert-Rosenzweig, #4 Exhibit MDL ECF 2666 Daubert-Elliott, #5 Exhibit MDL ECF 2717 Daubert-Zipper, #6 Exhibit MDL ECF 3299 Daubert-Zipper, #7 Exhibit MDL ECF 6305 Daubert-Zipper, #8 Exhibit MDL ECF 6377 Daubert-Zipper, #9 Exhibit MDL ECF 2726 Daubert-Parisian, #10 Exhibit MDL ECF 6314 Daubert-Parisian, #11 Exhibit MDL ECF 6273 Daubert-Wagner, #12 Exhibit MDL ECF 6372 Daubert-Wagner, #13 Exhibit MDL ECF 6493 Daubert-Wagner, #14 Exhibit MDL ECF 2728 Daubert-Khandwala, #15 Exhibit MDL ECF 2701 Daubert-Flynn, #16 Exhibit MDL ECF 3523 Daubert-Flynn, #17 Exhibit MDL ECF 4153 Daubert-Flynn, #18 Exhibit MDL ECF 4153-1 Daubert-Flynn, #19 Exhibit MDL ECF 6249 Daubert-Flynn, #20 Exhibit MDL ECF 6322 Daubert-Flynn, #21 Exhibit MDL ECF 6410 Daubert-Flynn, #22 Exhibit MDL ECF 2682 Daubert-Sepulveda-Toro, #23 Exhibit MDL ECF 4200 Daubert-Sepulveda-Toro, #24 Exhibit MDL ECF 4200-1 Daubert-Sepulveda-Toro, #25 Exhibit MDL ECF 2723 Daubert-Thames, #26 Exhibit MDL ECF 3529 Daubert-Thames, #27 Exhibit MDL ECF 2649 Daubert-Ulatowski, #28 Exhibit MDL ECF 4195 Daubert-Ulatowski, #29 Exhibit MDL ECF 4195-1 Daubert-Ulatowski)(Henry, Brandon) |
| Filing 62 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 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 Pls' 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 Tim Ulatowski, #7 Exhibit MDL ECF (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) |
| Filing 61 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp 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 (8791) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Shelby Thames, #20 Exhibit MDL ECF (8909) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames)(Robinson, Susan) |
| Filing 60 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2014) - Pls' Mot to Exclude Jaime Sepulveda-Toro, #2 Exhibit MDL ECF (2018) - Pls' Mem in Support of Mot to Exclude Jamie Sepulveda-Toro, #3 Exhibit MDL ECF (2138) Part 1 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #4 Exhibit MDL ECF (2138) Part 2 - Defs' Resp to Pls' Mot to Exclude Jamie Sepulveda-Toro, #5 Exhibit MDL ECF (2225) - Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #6 Exhibit MDL ECF (2508) Part 1 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #7 Exhibit MDL ECF (2508) Part 2 - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #8 Exhibit MDL ECF (2828) - Pls' Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #9 Exhibit MDL ECF (2829) - Pls' Memo of Law re Notice of Partial Adoption of Prior Daubert Motion of Jamie Sepulveda-Toro, #10 Exhibit MDL ECF (2929) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #11 Exhibit MDL ECF (3043) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #12 Exhibit MDL ECF (4376) - Notice of Adoption of Pls' Prior Daubert Motion of Jaime Sepulveda-Toro, #13 Exhibit MDL ECF (4495) - Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro, #14 Exhibit MDL ECF (4612) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #15 Exhibit MDL ECF (8746) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Jaime Sepulveda-Toro, #16 Exhibit MDL ECF (8905) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Jaime Sepulveda-Toro)(Robinson, Susan) |
| Filing 59 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2130) - Pls' Mot to Exclude Brian Flynn, #2 Exhibit MDL ECF (2131) - Pls' Mem in Support of Mot to Exclude Brian Flynn, #3 Exhibit MDL ECF (2269) - Defs' Resp to Pls' Mot to Exclude Brian Flynn, #4 Exhibit MDL ECF (2280) - Pls' Reply in Support of Mot to Exclude Brian Flynn, #5 Exhibit MDL ECF (2854) - Pls' Mot to Exclude Brian Flynn, #6 Exhibit MDL ECF (2855) - Pls' Mem in Support of Mot to Exclude Brian Flynn, #7 Exhibit MDL ECF (2913) - Defs' Resp to Pls' Mot to Exclude Brian Flynn, #8 Exhibit MDL ECF (3048) - Pls' Reply in Support of Mot to Exclude Brian Flynn, #9 Exhibit MDL ECF (8714) - Amended Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Brian Flynn, #10 Exhibit MDL ECF (8874) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Brian Flynn)(Robinson, Susan) |
| Filing 58 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2003) - Pls' Mot to Exclude Salil Khandwala, #2 Exhibit MDL ECF (2004) - Pls' Mem in Support of Mot to Exclude Salil Khandwala, #3 Exhibit MDL ECF (2175) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #4 Exhibit MDL ECF (2240) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #5 Exhibit MDL ECF (2423) - Pls' Mot to Exclude Salil Khandwala, #6 Exhibit MDL ECF (2430) - Pls' Mem in Support of Mot to Exclude Salil Khandwala, #7 Exhibit MDL ECF (2469) - Pls' Amended Mot to Exclude Salil Khandwala, #8 Exhibit MDL ECF (2470) - Pls' Mem in Support of Amended Mot to Exclude Salil Khandwala, #9 Exhibit MDL ECF (2618) - Pls' Reply in Support of Mot to Exclude Salil Khandwala, #10 Exhibit MDL ECF (2925) - Defs' Resp to Pls' Mot to Exclude Salil Khandwala, #11 Exhibit MDL ECF (8727) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Salil Khandwala, #12 Exhibit MDL ECF (8852) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Salil Khandwala)(Robinson, Susan) |
| Filing 57 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (3617) - Pls' Mot to Exclude John Wagner, #2 Exhibit MDL ECF (3618) - Pls' Mem in Support of Mot to Exclude John Wagner, #3 Exhibit MDL ECF (3731) - Defs' Resp to Pls' Mot to Exclude John Wagner, #4 Exhibit MDL ECF (3851) - Pls' Reply in Support of Mot to Exclude John Wagner, #5 Exhibit MDL ECF (4920) - Defs' Resp to Pls' Mot to Exclude John Wagner, #6 Exhibit MDL ECF (4876) - Pls' Mot to Exclude John Wagner, #7 Exhibit MDL ECF (4879) - Pls' Mem in Support of Mot to Exclude John Wagner, #8 Exhibit MDL ECF (5044) - Pls' Reply to Mot to Exclude John Wagner, #9 Exhibit MDL ECF (8756) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude John Wagner, #10 Exhibit MDL ECF (8877) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude John Wagner)(Robinson, Susan) |
| Filing 56 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2079) - Defs' Mot to Exclude Suzanne Parisian, #2 Exhibit MDL ECF (2080) - Defs' Mem in Support of Mot to Exclude Suzanne Parisian, #3 Exhibit MDL ECF (2148) - Pls' Resp to Defs' Mot to Exclude Suzanne Parisian, #4 Exhibit MDL ECF (2229) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #5 Exhibit MDL ECF (3019) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #6 Exhibit MDL ECF (3592) - Defs' Mot to Exclude Suzanne Parisian, #7 Exhibit MDL ECF (3594) - Defs Mem in Support of Mot to Exclude Suzanne Parisian, #8 Exhibit MDL ECF (3788) - Pls' Resp to Defs' Mot to Exclude Suzanne Parisian, #9 Exhibit MDL ECF (3845) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #10 Exhibit MDL ECF (8788) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Suzanne Parisian, #11 Exhibit MDL ECF (8854) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Suzanne Parisian)(Robinson, Susan) |
| Filing 55 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2068) - Defs' Mot to Exclude Ralph Zipper, #2 Exhibit MDL ECF (2072) - Defs' Mem in Support of Mot to Exclude Ralph Zipper, #3 Exhibit MDL ECF (2190) - Pls' Resp to Defs' Mot to Exclude Ralph Zipper, #4 Exhibit MDL ECF (2221) - Defs' Reply in Support of Mot to Exclude Ralph Zipper, #5 Exhibit MDL ECF (2418) - Notice of Adoption of Defs' Mot to Exclude Ralph Zipper, #6 Exhibit MDL ECF (2536) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Ralph Zipper, #7 Exhibit MDL ECF (5076) - Defs' Mot to Exclude Ralph Zipper, #8 Exhibit MDL ECF (5077) - Defs' Mem in Support of Mot to Exclude Ralph Zipper, #9 Exhibit MDL ECF (5124) - Pls' Resp to Defs' Mot to Exclude Ralph Zipper, #10 Exhibit MDL ECF (5178) - Defs' Reply in Support of Mot to Exclude Ralph Zipper, #11 Exhibit MDL ECF (8784) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Ralph Zipper, #12 Exhibit MDL ECF (8864) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Ralph Zipper)(Robinson, Susan) |
| Filing 54 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 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 (2181) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2191) - Pls' Amended Resp to Defs' Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (2215) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (2811) - Defs' Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (2815) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (2952) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (3029) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (8080) Part 1 - Defs' Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8080) Part 2 - Defs' Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8080) Part 3 - Defs' Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8311) - Notice of Adoption of Defs' Reply in Supp of Mot to Exclude Daniel Elliott, #18 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #19 Exhibit MDL ECF (8313) Defs' Notice of Withdraw, #20 Exhibit MDL ECF (8778) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Daniel Elliott, #21 Exhibit MDL ECF (8835) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Daniel Elliott)(Robinson, Susan) |
| Filing 53 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5484) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) |
| Filing 52 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #51 CONTINUED, MDL ECF (2115) - Defs' Mot to Exclude Brian Raybon, #2 Exhibit MDL ECF (2116) - Defs' Mem in Support of Mot to Exclude Robert Raybon, #3 Exhibit MDL ECF (2201) - Pls' Resp to Defs' Mot to Exclude Brian Raybon, #4 Exhibit MDL ECF (2264) - Defs' Reply in Support of Mot to Exclude Brian Raybon, #5 Exhibit MDL ECF (2461) - Notice of Adoption of Defs' Mot to Exclude Brian Raybon, #6 Exhibit MDL ECF (2527) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Brian Raybon, #7 Exhibit MDL ECF (8795) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Brian Raybon, #8 Exhibit MDL ECF (8857) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Brian Raybon)(Robinson, Susan) |
| Filing 51 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)(Robinson, Susan) |
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Filing 50
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that the Order and Suggestion of Remand in MDL 2327 at ECF No. 9144 is VACATED; on 07/01/2020 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 6/30/2020 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 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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Filing 49
VACATED PURSUANT TO THE #50 TRANSFER ORDER ENTERED ON 6/17/2020: ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/24/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw) (Modified on 6/18/2020 to note order has been vacated) (kew).
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Filing 48
ORDER denying as moot #42 MOTION by Denise Pitlyk, William Pitlyk to Exclude Certain Opinions and Testimony of John R. Wagner, M.D. Signed by Judge Joseph R. Goodwin on 6/16/2020. (cc: attys; any unrepresented party) (st)
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| Filing 47 MEMORANDUM by Denise Pitlyk, William Pitlyk in opposition to #40 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Brian Raybon, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henry, Brandon) |
| NOTICE OF DOCKET CORRECTION re: #46 MEMORANDUM by Denise Pitlyk, William Pitlyk in opposition to #38 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. ERROR: Incorrect images of Exhibits A and B attached. CORRECTION: Removed and replaced Exhibits A and B. (slr) |
| Filing 46 MEMORANDUM by Denise Pitlyk, William Pitlyk in opposition to #38 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Henry, Brandon) (Modified on 11/19/2019 to remove and replace incorrect images of Exhibits A and B) (slr). |
| Filing 45 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #44 AMENDED MOTION by Denise Pitlyk, William Pitlyk to Exclude Certain Opinions and Testimony of John R. Wagner, MD. (Attachments: #1 Exhibit A-B)(Robinson, Susan) |
| Filing 44 AMENDED MOTION by Denise Pitlyk, William Pitlyk to Exclude Certain Opinions and Testimony of John R. Wagner, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Henry, Brandon) |
| Filing 43 MEMORANDUM OF LAW by Denise Pitlyk, William Pitlyk in support of #42 MOTION by Denise Pitlyk, William Pitlyk to Exclude Certain Opinions and Testimony of John R. Wagner, M.D. (Henry, Brandon) |
| Filing 42 MOTION by Denise Pitlyk, William Pitlyk to Exclude Certain Opinions and Testimony of John R. Wagner, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Henry, Brandon) |
| Filing 41 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #40 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Brian Raybon, M.D. (Robinson, Susan) |
| Filing 40 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Brian Raybon, M.D. (Attachments: #1 Exhibit A - C)(Robinson, Susan) (Modified on 11/4/2019 to correct event)(slr). |
| Filing 39 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #38 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) |
| Filing 38 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Robinson, Susan) |
| Filing 37 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiffs' #36 Notice of Videotaped Deposition of John R. Wagner, M.D. (Gage, William) |
| Filing 36 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of John R. Wagner, MD on October 27, 2019 at 11:00 AM (Kuntz, Jeffrey) |
| Filing 35 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Brian Raybon, M.D. on October 7, 2019 at 6:00 p.m. (Gage, William) |
| Filing 34 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of L. Lewis Wall, MD on October 3, 2019 at 9:00 AM (Henry, Brandon) |
| Filing 33 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of James Bley on September 26, 2019 at 3:00 PM (Henry, Brandon) |
| Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) |
| Filing 31 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of L. Lewis Wall, MD on October 3, 2019 at 9:00 AM (Henry, Brandon) |
| Filing 30 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) |
| Filing 29 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of James Bley on September 4, 2019 at 1:00 PM (Henry, Brandon) |
| Filing 28 RETURN OF SERVICE ON SUBPOENA for James Bley. (Henry, Brandon) |
| Filing 27 CERTIFICATE OF SERVICE by Denise Pitlyk, William Pitlyk for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) |
| Filing 26 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of Dr. John McCarthy on August 22, 2019 at 2:00 PM (Henry, Brandon) |
| Filing 25 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of L. Lewis Wall, M.D. on September 5, 2019 at 9:00 AM (Henry, Brandon) |
| Filing 24 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Denise Pitlyk, William Pitlyk of Dr. L. Lewis Wall on September 5, 2019 at 9:00 AM (Henry, Brandon) |
| Filing 23 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Denise & William Pitlyk on 8/1/19 at 8:30 a.m. and 12:00 p.m. CDT (Robinson, Susan) |
| Filing 22 CERTIFICATE OF SERVICE by Denise Pitlyk, William Pitlyk for Denise Pitlyk's Objections and Responses to Defendant's First Set of Interrogatories, Requests for Admission, and Requests for Production and William Pitlyk's Objections and Answers to Defendant's First Set of Interrogatories. (Henry, Brandon) |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) |
| NOTICE OF DOCKET CORRECTION re: #19 RETURN OF SERVICE ON SUBPOENA for John McCarthy, MD. and #20 RETURN OF SERVICE ON SUBPOENA for L. Lewis Wall, MD. ERROR: Image of Subpoena was not attached to return. CORRECTION: Attached image of subpoena to return. (slr) |
| Filing 20 RETURN OF SERVICE ON SUBPOENA for L. Lewis Wall, MD. (Henry, Brandon) (Attachment: #1 Subpoena for L. Lewis Wall, MD) (Modified on 7/11/2019 to add image of subpoena)(slr). |
| Filing 19 RETURN OF SERVICE ON SUBPOENA for John McCarthy, MD. (Henry, Brandon) (Attachment: #1 Subpoena for John McCarthy, MD) (Modified on 7/11/2019 to add image of subpoena)(slr). |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Denise Pitlyk and William Pitlyk on 7/23/19 at 9:00 a.m. and 1:00 p.m. CDT (Robinson, Susan) |
| Filing 17 CERTIFICATE OF SERVICE by Denise Pitlyk, William Pitlyk for First Set of Interrogatories, First Request for Admissions, First Request for Production of Docuements. (Henry, Brandon) |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE by Brandon D. Henry on behalf of Denise Pitlyk, William Pitlyk. (Henry, Brandon) |
| Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, William Pitlyk. (Robinson, Susan) |
| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) |
| Filing 13 PLAINTIFF FACT SHEET filed by Denise Pitlyk. (Kuntz, Jeffrey) |
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Filing 12
PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. 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 on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (lca) (ADI)
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Filing 11
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) (ts) (ADI)
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Filing 10
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) (kp) (ADI)
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Filing 9
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. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 8/31/2018; 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. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 5752 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 5/25/2018. (cc: counsel of record; any unrepresented party) (mek) (ADI)
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Filing 8
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (mmw)
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of John McCarthy on 3/6/18 at 9:00 a.m. (Robinson, Susan) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 5 PLAINTIFF PROFILE FORM filed by Denise Pitlyk. (Douglas, Daryl) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 160 (Order Scheduling Meetings in MDLs on January 29-30, 2015) entered on 12/18/2014 in MDL 2327 to attorneys in member case. (kw) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3597805. (Attachment: #1 Civil Cover Sheet) (lab) |
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