Thompson et al v. Ethicon, Inc. et al
| Cynthia S. Thompson and Terry L. Thompson |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 3:2020cv05006 |
| January 9, 2020 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 24, 2020. A more recent docket listing may be available from PACER.
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Filing 57
Before this Court is #55 MOTION to amend/correct #54 Scheduling Order. For good cause shown the motion is granted. Pretrial Conference is reset for 6/18/2021 10:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough and Jury Trial is reset for 7/21/2021 09:00 AM in Courtroom 2, Springfield (VJC) before District Judge Stephen R. Bough. Signed on 2/24/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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| Filing 56 RESPONSE to motion to Modify Trial Date filed by Charissa N. Walker on behalf of Defendants Ethicon, Inc., Johnson & Johnson. Reply suggestions due by 2/25/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit A - MDL PTO 303)(Walker, Charissa) |
| Filing 55 MOTION to amend/correct #54 Scheduling Order, filed by Kila B. Baldwin on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/25/2020 unless otherwise directed by the court. (Related document(s) #54 ) (Baldwin, Kila) |
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Filing 54
SCHEDULING ORDER: Pretrial Conference set for 7/24/2020 11:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 8/24/2020 09:00 AM in Courtroom 2, Springfield (VJC) before District Judge Stephen R. Bough. Signed on 2/6/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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| Filing 53 RULES OF TRIAL. Signed on 2/6/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy) |
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Filing 52
ORDER Defendants Motion for Partial Summary Judgment. (Doc. #20). The motion is GRANTED. Signed on 2/4/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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| Filing 51 NOTICE of appearance by Cicely I Lubben on behalf of Ethicon, LLC (Attorney Cicely I Lubben added to party Ethicon, LLC(pty:dft))(Lubben, Cicely) |
| Filing 50 NOTICE of appearance by Scott Richard Hunsaker on behalf of Ethicon, LLC (Attorney Scott Richard Hunsaker added to party Ethicon, LLC(pty:dft))(Hunsaker, Scott) |
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Filing 49
ORDER granting #47 motion to appear pro hac vice entered by Clerk of Court. Attorney Charissa N. Walker for Ethicon, Inc. and for Johnson & Johnson allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 48 Minute Entry. Proceedings held before District Judge Stephen R. Bough: STATUS CONFERENCE held on 1/27/2020. Counsel appearing for Plaintiff(s): Kila B. Baldwin and Lynn R. Johnson. Counsel appearing for Defendant(s): Cicely I. Lubben and Charissa N. Walker. Time in court: 2:30 pm to 2:46 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Woods, Gloria) Modified on 1/28/2020 to correct clerical error. (Woods, Gloria). |
| Filing 47 Motion to allow Charissa N. Walker to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6694294) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. (Hunsaker, Scott) |
| Filing 46 NOTICE of appearance by Richard Lawrence Budden on behalf of All Plaintiffs (Attorney Richard Lawrence Budden added to party Cynthia S. Thompson(pty:pla), Attorney Richard Lawrence Budden added to party Terry L. Thompson(pty:pla))(Budden, Richard) |
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Filing 45
ORDER granting #43 & #44 motions to appear pro hac vice entered by Clerk of Court. Attorneys Kila Baldwin and Lee B. Balefsky for plaintiffs allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 44 Motion to allow Lee Balefsky to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6686553) filed by Lynn R. Johnson on behalf of All Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Affidavit of Movant and Proposed Admitee)(Johnson, Lynn) |
| Filing 43 Motion to allow Kila Baldwin to appear pro hac vice (Pro Hac fee $100 receipt number BMOWDC-6684948) filed by Lynn R. Johnson on behalf of All Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Affidavit of Movant and Proposed Admitee)(Johnson, Lynn) |
| Filing 42 NOTICE of appearance by Lynn R. Johnson on behalf of All Plaintiffs (Attorney Lynn R. Johnson added to party Cynthia S. Thompson(pty:pla), Attorney Lynn R. Johnson added to party Terry L. Thompson(pty:pla))(Johnson, Lynn) |
| Filing 41 Before the Court is Defendants Ethicon, Inc.s and Johnson & Johnsons Motion to Withdraw. (Doc. #40). For good cause stated the motion is granted. Attorneys Christy Jones, Kari Sutherland, and William Gage of Butler Snow LLP, as well as Daniel Higginbotham, David Thomas, Philip Combs, and Susan Robinson of Thomas Combs & Spann PLLC, are hereby removed as counsel of record for Defendants Ethicon, Inc. and Johnson & Johnson. Signed on 1/15/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) |
| Filing 40 MOTION to withdraw as attorney Christy D. Jones, Kari L. Sutherland, William M. Gage/Butler Snow LLP; and Daniel R. Higginbotham, David B. Thomas, Philip J. Combs, Susan M. Robinson/Thomas Combs & Spann PLLC filed by Cicely I Lubben on behalf of Ethicon, Inc., Johnson & Johnson. Suggestions in opposition/response due by 1/29/2020 unless otherwise directed by the court. (Lubben, Cicely) |
| Filing 39 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 1/27/2020 02:30 PM in Chambers before District Judge Stephen R. Bough. (Diefenbach, Tracy) Conference call information emailed to counsel. |
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Filing 38
ORDER granting #37 motion to appear pro hac vice entered by Clerk of Court. Attorney Cicely I Lubben for Ethicon, Inc. and Johnson & Johnson allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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| Filing 37 Motion to allow Cicely I. Lubben to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6667596) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. (Hunsaker, Scott) |
| Filing 36 NOTICE of appearance by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson (Attorney Scott Richard Hunsaker added to party Ethicon, Inc.(pty:dft), Attorney Scott Richard Hunsaker added to party Johnson & Johnson(pty:dft))(Hunsaker, Scott) |
| Filing 35 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) |
| Filing 34 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:13-cv-10656. |
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Filing 33
ORDER directing that Exhibit A to the #28 Transfer Order is AMENDED; this case should be transferred to the Western District of Missouri rather than Montana. Signed by Judge Joseph R. Goodwin on 1/9/2020. (cc: counsel of record; any unrepresented party) (kew) [Transferred from wvsd on 1/9/2020.]
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| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2553 Part 2 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #2 Exhibit ECF 2553 Part 3 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby T, #3 Exhibit ECF 2621 - Reply in support of MTE the Opinions of Dr. Shelby Thames, #4 Exhibit ECF 2839 Part 1 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #5 Exhibit ECF 2839 Part 2 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames, #6 Exhibit ECF 2841 - Memo in Supp of MTE Testimony of Dr. Shelby Thames, #7 Exhibit ECF 2957 - Resp in Opp to MTE testimony of Dr. Shelby Thames, #8 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of MTE the Opinions of Dr. Shelby Thames, #9 Exhibit ECF 6857 - NOA of Prior Daubert Motion of Shelby Thames, #10 Exhibit ECF 6972 - NOA of Prior Daubert Response of Shelby Thames for Wave 8, #11 Exhibit ECF 7113 - NOA of Prior Daubert Reply of Shelby Thames, M.D)(Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2018 - MIS of MTL Testimony of Jamie Sepulveda-Toro, #2 Exhibit ECF 2225 - REPLY to Limit the Testimony of Jaime Sepulveda-Toro, #3 Exhibit ECF 4495 - Defs' Opp to NOA of Prior Motion of Jaime Sepulveda-Toro, #4 Exhibit ECF 6849 - NOA of Prior Motion of Jamie Sepulveda-Toro, #5 Exhibit ECF 6990 - NOA of Prior Response Re Jaime Sepulveda-Toro, #6 Exhibit ECF 7141 - NOA of Prior Reply of Jaime Sepulveda-Toro, #7 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski, #8 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski, #9 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski, #10 Exhibit ECF 2232 PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski, #11 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski, #12 Exhibit ECF 6860 - NOA of Prior Daubert Motion of Timothy Ulatowski, M.D., #13 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski, #14 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D., #15 Exhibit ECF 2063 A - Motion to Preclude Testimony of Dr. Felix Exhibits A-F, #16 Exhibit ECF 2063 Part 1 - Motion to Preclude Testimony of Dr. Felix Exhibit G, #17 Exhibit ECF 2069 - PLFs' MIS of DRT MTP Testimony of Juan Carlos Felix, #18 Exhibit ECF ECF 2184 A - Response in Opposition to Motion to Preclude Testimony of Dr. Felix Exhibits A-C, #19 Exhibit ECF 2184 Part 1 - Response in Opposition to Motion to Preclude Testimony of Dr. Felix Exhibits D-E, #20 Exhibit ECF 2255 - PLFs' REPLY to RSP in Opp to DRT MTP Testimony of Juan Carlos Felix, #21 Exhibit ECF 6796 - NOA Prior DM of Juan Felix, M.D., #22 Exhibit ECF 6966 - NOA of Prior DRT RSP RE Dr. Juan C. Felix, M.D., #23 Exhibit ECF 7093 - NOA of Prior DRT Reply of Juan Carlos Felix, MD, #24 Exhibit ECF 2039 - Plaintiffs' MTE the Opinions and Testimony of Shelby Thames, #25 Exhibit ECF 2042 - Memo in Supp of MTE Testimony of Shelby Thames, #26 Exhibit ECF 2187 - Resp in Opp to MTE Testimony of Dr. Shelby Thames, Ph.D., #27 Exhibit ECF 2247 - REPLY in Sup of PL MTE the Opinions of Dr. Shelby Thames, #28 Exhibit ECF 2455 A - MTE by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #29 Exhibit ECF 2455 Part 1 - MTE by All Plaintiffs to Testimony of Dr. Shelby Thames, #30 Exhibit ECF 2458 - MEMORANDUM in support of MTE of Dr. Shelby Thames)(Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 6874 A - Def MTE Iak and EXHIBITS A-D, #2 Exhibit ECF 6874 Part 1 - Exhibit D Defs' MTE Iak Wave 8, #3 Exhibit ECF 6874 Part 2 - EXHIBIT D-H Defs' MTE Iak Wave 8, #4 Exhibit ECF 6875 - Defs' MIS of Iakovlev Wave 8, #5 Exhibit ECF 7038 - Plf's Response to MTE Iakovlev Wave 8, #6 Exhibit ECF 7045 - Plf's Opposition to Defs' MTE Iakovlev Wave 8, #7 Exhibit ECF 7085 - Pl amended NOA response for wave 8, #8 Exhibit ECF 7183 - Def Reply to MTE Iak wave 8, #9 Exhibit ECF 3019 - REPLY by Ethicon to MTE Suzanne Parisian, M.D., #10 Exhibit ECF 3592 - Motion to Exclude Suzanne Parisian, #11 Exhibit ECF 3594 - MIS of Motion to Exclude Suzanne Parisian, M.D., #12 Exhibit ECF 3788 - opposition to MTE Suzanne Parisian, M.D, #13 Exhibit ECF 3845 - REPLY in Support of Defendants' MTE Suzanne Parisian, M.D., #14 Exhibit ECF 6786 - NOA of Prior Motion to Exclude Suzanne Parisian, M.D., #15 Exhibit ECF 6930 - NOA of Prior Daubert Response of Suzanne Parisian, M.D., #16 Exhibit ECF 2003 - MTE the Opinions and Testimony of Dr. Salil Khandwala, M.D.., #17 Exhibit ECF 2004 - MIS of MTE Testimony of Dr. Salil Khandwala, #18 Exhibit ECF 2240 - Reply in Support of MTE Testimony of Dr. Salil Khandwala, #19 Exhibit ECF 2469 - AMENDED MOTION by All Plaintiffs to Limit the Opinions and Testimony of Dr. Salil Khandwala,, #20 Exhibit ECF 2470 MIS of Amended Motion to Limit Testimony of Dr. Salil Khandwala, #21 Exhibit ECF 2618 - PL REPLY in Support of Motion to Limit Testimony of Dr. Salil Khandwala, #22 Exhibit ECF 2925 - Memo in Opp to Motion to Limit Testimony of Dr. Salil Khandwala, #23 Exhibit ECF 6817 - NOA Prior Daubert Motion of Salil Khandwala, M.D., #24 Exhibit ECF 6941 - Ethicon Defendants NOA of Daubert Response Regarding Salil Khandwala, M.D, #25 Exhibit ECF 7136 - NOA of Prior Daubert Reply of Salil Khandwala, M.D.)(Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 29 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - FIRST AMENDED MASTER FORM FORM COMPLAINT AND JURY DEMAND, #2 Exhibit ECF 239 - MASTER ANSWER ETHICON, INC, #3 Exhibit ECF 240 - MASTER ANSWER ETHICON LLC, #4 Exhibit ECF 241 - MASTER ANSWER JOHNSON & JOHNSON, #5 Exhibit ECF 262 - SHORT FORM COMPLAINT, #6 Exhibit ECF 263 - AMENDED SHORT FORM COMPLAINT, #7 Exhibit ECF 2817 - MTE Bruce Rosenzweig, #8 Exhibit ECF 2818 - MIS of MTE of Bruce Rosenzweig, M.D., #9 Exhibit ECF 2931 - Pl Opposition to MTE Bruce Rosenzweig, #10 Exhibit ECF 5332 - MTE Bruce Rosenzweig, #11 Exhibit ECF 5333 - MIS MTE Bruce Rosenzweig, #12 Exhibit ECF 5482 - MIO MTE Bruce Rosenzweig, #13 Exhibit ECF 5548 - REPLY MTE Bruce Rosenzweig, #14 Exhibit ECF 6852 - NOA Prior MTE Bruce Rosenzweig, #15 Exhibit ECF 6960 - NOA Prior Response Bruce Rosenweig, #16 Exhibit ECF 3626 A - MT Limit Klinge, #17 Exhibit ECF 3626 Part 1 - MT Limit Klinge, #18 Exhibit ECF 3630 - MEMORANDUM In Support of MT Limit Klinge, #19 Exhibit ECF 3767 A - Response in Opposition to MTE Klinge, #20 Exhibit ECF 3767 Part 1 - Response in Opposition to MTE Klinge, #21 Exhibit 3767 Part 2 - Response in Opposition to MTE Klinge, #22 Exhibit 3767 Part 3 - Response in Opposition to MTE Klinge, #23 Exhibit ECF 3855 - REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #24 Exhibit ECF 6648 - NOA of Ethicon's Motion to Exclude the Testimony Klinge, #25 Exhibit ECF 6833 - Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #26 Exhibit ECF 6926 - NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge, #27 Exhibit ECF 7123 - NOTICE of Adoption of Prior Daubert Reply Regarding Prof. Dr. Med. Uwe Klinge, #28 Exhibit ECF 3619 A - Motion to Exclude Iakovlev & EXHIBITS A-J, #29 Exhibit ECF 3619 Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev, #30 Exhibit ECF 3619 Part 2 - EXHIBITS BB-FF Motion to Exclude Iakovlev, #31 Exhibit ECF 3621 - MOL in Support of MTE Iakovlev, #32 Exhibit ECF 3790 A - Pl response to Iak daubert and Exhibit A, #33 Exhibit ECF 3790 Part 1 - Pl response to Iak daubert and Exhibit A-H, #34 Exhibit ECF 3790 Part 2 - Pl response to Iak daubert and Exhibit I-T)(Robinson, Susan) (Modified on 1/8/2020 to add party filers) (mk). [Transferred from wvsd on 1/9/2020.] |
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Filing 28
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/09/2020 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 1/08/2020 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 12/19/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from wvsd on 1/9/2020.]
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| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from wvsd on 1/9/2020.] |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Cynthia S. Thompson, Terry L. Thompson (Balefsky, Lee) [Transferred from wvsd on 1/9/2020.] |
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Filing 25
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from wvsd on 1/9/2020.]
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Filing 24
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (sak) (ADI) [Transferred from wvsd on 1/9/2020.]
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| Filing 23 OPPOSITION by Cynthia S. Thompson, Terry L. Thompson in opposition to #20 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Proposed Order)(Balefsky, Lee) [Transferred from wvsd on 1/9/2020.] |
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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 wvsd on 1/9/2020.]
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| Filing 21 MEMORANDUM by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC in support of #20 MOTION by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC for Partial Summary Judgment (Higginbotham, Daniel) [Transferred from wvsd on 1/9/2020.] |
| Filing 20 MOTION by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC for Partial Summary Judgment (Attachments: #1 Exhibit A)(Higginbotham, Daniel) [Transferred from wvsd on 1/9/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Terry L. Thompson; Travis Stephen Thompson on a Date to Be Determined (Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 18 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 wvsd on 1/9/2020.] |
| Filing 17 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cynthia S. Thompson on 9/10/18 at 9:00 a.m. (Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Cynthia S. Thompson for Certificate Responses to Defendant's Interrogatories, Requests for Admission and Requests for Production of Documents (Set I). (Balefsky, Lee) [Transferred from wvsd on 1/9/2020.] |
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Filing 16
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from wvsd on 1/9/2020.]
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| Filing 14 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Christopher Roberts on 8/17/18 at 1:00 p.m. (Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 13 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cynthia S. Thompson on 6/7/18 at 9:00 a.m. (Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Higginbotham, Daniel) [Transferred from wvsd on 1/9/2020.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cynthia S. Thompson on 6/7/18 at 9:00 a.m. (Robinson, Susan) [Transferred from wvsd on 1/9/2020.] |
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Filing 10
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) (kp) (ADI) [Transferred from wvsd on 1/9/2020.]
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| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Christopher H. Roberts on 4/18/2018 at 9:00 a.m. (Combs, Philip) [Transferred from wvsd on 1/9/2020.] |
| Filing 8 PLAINTIFF PROFILE FORM filed by Cynthia S. Thompson, Terry L. Thompson. (Balefsky, Lee) [Transferred from wvsd on 1/9/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 1/9/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 1/9/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 1/9/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 1/9/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 46 (Plaintiffs' Request to Modify Stipulated Pretrial Orders to Allow Access and Exchange of Confidential Information Among MDLs) entered on 05/09/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from wvsd on 1/9/2020.] |
| 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). (mmw) [Transferred from wvsd on 1/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2401960. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from wvsd on 1/9/2020.] |
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