Dorgan et al v. Ethicon, Inc. et al
| Madenna K. Dorgan and Richard Dorgan |
| Ethicon Women's Health and Urology, Endo Pharmaceuticals, Inc., American Medical Systems, Inc., Johnson & Johnson, Gynecare, American Medical Systems Holdings, Inc., Ethicon, LLC, Endo Health Solutions, Inc, Ethicon, Inc. and Endo Pharmaceuticals Holdings, Inc. |
| 4:2020cv00529 |
| July 1, 2020 |
| US District Court for the Western District of Missouri |
| Roseann Ketchmark |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2020. A more recent docket listing may be available from PACER.
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| Filing 136 Joint PROPOSED SCHEDULING ORDER by Ethicon, Inc., Johnson & Johnson. (Lubben, Cicely) |
| Filing 135 REPLY SUGGESTIONS to motion re #85 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment Based Upon Bankruptcy Judicial Estoppel : Defendants' Reply in Support of Motion for Summary Judgment Based Upon Judicial Estoppel filed by Cicely I Lubben on behalf of Defendants Ethicon, Inc., Johnson & Johnson. (Related document(s) #85 ) (Lubben, Cicely) |
| Filing 134 Minute Entry. Telephone status conference held in chambers by telephone before District Judge Roseann Ketchmark on 8/10/2020. Counsel appearing for Plaintiffs: Brian Madden and Luke Callahan. Counsel appearing for Defendants: Cicely Lubben and Rita Maimbourg. Discussions included the pending motions before the Court, supplemental discovery, and potential mediation. As ruled on the record: Plaintiffs' motion for leave to file supplemental suggestions in opposition to Defendants' motion for summary judgment based on bankruptcy judicial estoppel is GRANTED. (Doc. #131 .) The brief attached to Plaintiffs' motion (Doc. [131-1]) is DEEMED FILED this date. Defendants may file a reply in support of their motion by 9/1/2020. The parties are also directed to submit a joint proposed scheduling order by 9/1/2020. Time in court: 4:00 p.m. to 4:18 p.m.. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Phillips, Caleb) |
Filing 133
ORDER granting #132 motion to appear pro hac vice entered by Clerk of Court. Attorney Rita Ann Maimbourg 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. (Warren, Melissa)
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| Filing 132 Motion to allow Rita A. Maimbourg to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6980329) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. (Hunsaker, Scott) |
| Filing 131 MOTION for leave to file Supplemental Suggestions in Opposition to Defendants' Motion for Summary Judgment Based on Bankruptcy Judicial Estoppel filed by Brian J. Madden on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/19/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Madden, Brian) |
| Filing 130 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephonic Status Conference set for 8/10/2020 04:00 PM in Chambers by telephone before District Judge Roseann Ketchmark. (Dollar, Jordan) |
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Filing 129
ORDER granting Defendants' #128 motion to withdraw attorneys. Good cause exists to allow the requested withdrawals, as co-counsel continue to represent Defendants. Attorneys William M. Gage; Daniel R. Higginbotham; Christy D. Jones; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; Aaron N. Arthur; and Philip J. Combs terminated. Signed on 7/16/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Phillips, Caleb)
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| Filing 128 MOTION to withdraw as attorney Aaron N. Arthur, Daniel R. Higginbotham, David B. Thomas, Philip J. Combs and Susan M. Robinson of Thomas Combs & Spann PLLC, Christy D. Jones, Kari L. Sutherland, Laura H. Dixon and William M. Gage of Butler Snow LLP filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. Suggestions in opposition/response due by 7/30/2020 unless otherwise directed by the court. (Hunsaker, Scott) |
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Filing 127
ORDER granting #125 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. (Warren, Melissa)
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Filing 126
ORDER granting #124 motion to appear pro hac vice entered by Clerk of Court. Attorney Charissa N. Walker for Ethicon, Inc.,Charissa N. Walker 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. (Warren, Melissa)
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| Filing 125 Motion to allow Cicely I. Lubben to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6938771) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. (Hunsaker, Scott) |
| Filing 124 Motion to allow Charissa N. Walker to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6938768) filed by Scott Richard Hunsaker on behalf of Ethicon, Inc., Johnson & Johnson. (Hunsaker, Scott) |
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Filing 123
ORDER granting Plaintiffs' #121 motion to allow attorney Jeffrey M. Kuntz to withdraw as counsel. Good cause exists to allow the withdrawal, as Plaintiffs continue to be represented by co-counsel. Attorney Jeffrey M. Kuntz terminated. Signed on 7/9/2020 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Phillips, Caleb)
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| Filing 122 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 121 MOTION to withdraw as attorney filed by Jeffrey M. Kuntz on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/22/2020 unless otherwise directed by the court. (Kuntz, Jeffrey) |
| Filing 120 NOTICE of appearance by Luke F Callahan on behalf of All Plaintiffs (Attorney Luke F Callahan added to party Madenna K. Dorgan(pty:pla), Attorney Luke F Callahan added to party Richard Dorgan(pty:pla))(Callahan, Luke) |
| Filing 119 NOTICE of appearance by Brian J. Madden on behalf of All Plaintiffs (Madden, Brian) |
| Filing 118 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)(Woods, Gloria) |
| NOTICE OF JUDGE ASSIGNMENT: This case has been randomly assigned to District Judge Roseann Ketchmark. Please note the case number: 4:20-00529-CV-W-RK. This is a text entry only. No document is attached. (Jones, Robin) |
| Filing 117 CASE TRANSFERRED IN from District of West Virginia Southern; Case Number 2:12-cv-03159. |
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Filing 116
ORDER correcting the June 17, 2020 Order #101 and directing that the Clerk transfer this case to the Western District of Missouri on the transfer date of July 1, 2020. Signed by Judge Joseph R. Goodwin on 7/1/2020. (cc: counsel of record; any unrepresented party) (maw) [Transferred from wvsd on 7/1/2020.]
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| Filing 115 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF# 2668, #2 Exhibit MDL ECF# 6393, #3 Exhibit MDL ECF# 2666, #4 Exhibit MDL ECF# 6409, #5 Exhibit MDL ECF# 2667, #6 Exhibit MDL ECF# 6402, #7 Exhibit MDL ECF# 2657, #8 Exhibit MDL ECF# 6468, #9 Exhibit MDL ECF# 2681, #10 Exhibit MDL ECF# 6389, #11 Exhibit MDL ECF# 2664, #12 Exhibit MDL ECF# 6299, #13 Exhibit MDL ECF# 6262, #14 Exhibit MDL ECF# 6444, #15 Exhibit MDL ECF# 2713, #16 Exhibit MDL ECF# 6363, #17 Exhibit MDL ECF# 3554, #18 Exhibit MDL ECF# 6537, #19 Exhibit MDL ECF# 3549, #20 Exhibit MDL ECF# 6470, #21 Exhibit MDL ECF# 2723, #22 Exhibit MDL ECF# 6518, #23 Exhibit MDL ECF# 2649, #24 Exhibit MDL ECF# 6486)(Kuntz, Jeffrey) (Modified on 6/26/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 114 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 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) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 113 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 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) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 112 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2479) - Pls' Mot to Exclude Larry Sirls, #2 Exhibit MDL ECF (2480) - Pls' Mem in Support of Mot to Exclude Larry Sirls, #3 Exhibit MDL ECF (2936) - Defs' Resp to Pls' Mot to Exclude Larry Sirls, #4 Exhibit MDL ECF (3288) - Pls' Reply in Support of Mot to Exclude Larry Sirls, #5 Exhibit MDL ECF (8750) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Larry Sirls, #6 Exhibit MDL ECF (8894) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Larry Sirls)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 111 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2435) - Pls' Mot to Exclude Janet Tomezsko, #2 Exhibit MDL ECF (2440) - Pls' Mem in Support of Mot to Exclude Janet Tomezsko, #3 Exhibit MDL ECF (2924) - Defs' Resp to Pls' Mot to Exclude Janet Tomezsko, #4 Exhibit MDL ECF (8754) - Notice of Adoption of Pls' Mot to Exclude Janet Tomezsko, #5 Exhibit MDL ECF (8823) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Janet Tomezsko)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 110 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2041) - Pls Mot to Exclude Michael Woods, #2 Exhibit MDL ECF (2043) - Pls Mem in Support of Mot to Exclude Michael Woods, #3 Exhibit MDL ECF (2136) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #4 Exhibit MDL ECF (2234) - Pls' Reply in Support of Mot to Exclude Michael Woods, #5 Exhibit MDL ECF (2927) - Defs' Resp to Pls' Mot to Exclude Michael Woods, #6 Exhibit MDL ECF (3051) - Pls' Reply in Support of Mot to Exclude Michael Woods, #7 Exhibit MDL ECF (8759) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Michael Woods, #8 Exhibit MDL ECF (8853) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Michael Woods)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 109 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (3610) - Pls' Mot to Exclude Elizabeth Mueller, #2 Exhibit MDL ECF (3612) - Pls' Mem in Support of Mot to Exclude Elizabeth Mueller, #3 Exhibit MDL ECF (3757) - Defs' Resp to Pls' Mot to Exclude Elizabeth Mueller, #4 Exhibit MDL ECF (3848) - Pls' Reply in Support of Mot to Exclude Elizabeth Mueller, #5 Exhibit MDL ECF (8733) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Elizabeth Mueller, #6 Exhibit MDL ECF (8892) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Elizabeth Mueller)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 108 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 107 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8785) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Michael Margolis, #9 Exhibit MDL ECF (8845) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 106 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (1987) Part 1 - Defs' Mot to Exclude Duane Priddy, #2 Exhibit MDL ECF (1987) Part 2 - Defs' Mot to Exclude Duane, #3 Exhibit MDL ECF (1987) Part 3 - Defs' Mot to Exclude Duane Priddy, #4 Exhibit MDL ECF (1989) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #5 Exhibit MDL ECF (2168) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #6 Exhibit MDL ECF (2207) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #7 Exhibit MDL ECF (3652) Part 1 - Defs' Mot to Exclude Duane Priddy, #8 Exhibit MDL ECF (3652) Part 2 - Defs' Mot to Exclude Duane Priddy, #9 Exhibit MDL ECF (3652) Part 3 - Defs' Mot to Exclude Duane Priddy, #10 Exhibit MDL ECF (3652) Part 4 - Defs' Mot to Exclude Duane Priddy, #11 Exhibit MDL ECF (3652) Part 5 - Defs' Mot to Exclude Duane Priddy, #12 Exhibit MDL ECF (3656) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #13 Exhibit MDL ECF (3753) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #14 Exhibit MDL ECF (3854) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #15 Exhibit MDL ECF (8782) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Duane Priddy, #16 Exhibit MDL ECF (8856) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Duane Priddy)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 105 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (8780) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8833) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jerry Blaivas)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 104 CONTINUATION OF DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 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 (8081) - Defs' Mem in Support of Mot to Exclude Daniel Elliott, #13 Exhibit MDL ECF (8247) - Pls' Resp to Defs' Mot to Exclude Daniel Elliott, #14 Exhibit MDL ECF (8311) - Notice of Adoption of Defs' Reply in Supp of Mot to Exclude Daniel Elliott, #15 Exhibit MDL ECF (8312) - Defs' Reply in Support of Mot to Exclude Daniel Elliott, #16 Exhibit MDL ECF (8778) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Daniel Elliott, #17 Exhibit MDL ECF (8835) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Daniel Elliott)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 103 CONTINUATION OF JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #102 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 (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 102 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 (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) (Modified on 6/25/2020 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
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Filing 101
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) [Transferred from wvsd on 7/1/2020.]
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Filing 100
VACATED PURSUANT TO THE #101 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). [Transferred from wvsd on 7/1/2020.]
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| Filing 99 REPLY by Madenna K. Dorgan, Richard Dorgan to #92 Response In Opposition. (Madden, Brian) (Modified on 11/25/2019 to remove link to #90 motion and #91 memorandum) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 98 MOTION by Madenna K. Dorgan, Richard Dorgan for Leave to File a Sur-Reply in Opposition to Defendants' #85 Motion for Summary Judgment Based on Bankruptcy Judicial Estoppel, with proposed document attached. (Attachment: #1 Exhibit A)(Madden, Brian) (Modified on 11/25/2019 to add link to #85 motion) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 97 REPLY by Ethicon, Inc., Johnson & Johnson to #95 Response In Opposition. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 96 EXHIBITS by Madenna K. Dorgan, Richard Dorgan in support of #95 Response In Opposition. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 95 RESPONSE by Madenna K. Dorgan, Richard Dorgan in opposition to #85 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment Based Upon Bankruptcy Judicial Estoppel. (Madden, Brian) (Modified on 11/22/2019 to remove link to #86 memorandum in support) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 94 MEMORANDUM by Madenna K. Dorgan, Richard Dorgan in opposition to #88 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 93 MEMORANDUM by Madenna K. Dorgan, Richard Dorgan in opposition to #83 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Attachment: #1 Exhibit A)(Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 92 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #90 MOTION by Madenna K. Dorgan, Richard Dorgan to Exclude Certain Opinions and Testimony of Elizabeth R. Mueller, M.D., MSME. (Attachment: #1 Exhibit A)(Robinson, Susan) (Modified on 11/15/2019 to remove and replace incorrect image) (kew). [Transferred from wvsd on 7/1/2020.] |
| NOTICE OF DOCKET CORRECTION re: #92 Response In Opposition. ERROR: Incorrect image attached. CORRECTION: Incorrect image removed and replaced. (kew) [Transferred from wvsd on 7/1/2020.] |
| Filing 91 MEMORANDUM by Madenna K. Dorgan, Richard Dorgan in support of #90 MOTION by Madenna K. Dorgan, Richard Dorgan to Exclude Certain Opinions and Testimony of Elizabeth R. Mueller, M.D., MSME. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 90 MOTION by Madenna K. Dorgan, Richard Dorgan to Exclude Certain Opinions and Testimony of Elizabeth R. Mueller, M.D., MSME. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 89 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #88 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 88 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A - E)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 87 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiffs' #82 Amended Notice of Deposition of Elizabeth Mueller, M.D. (Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 86 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #85 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment Based on Bankruptcy Judicial Estoppel. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 85 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment Based Upon Bankruptcy Judicial Estoppel. (Attachments: #1 Exhibit A - H)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 84 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #83 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 83 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - E)(Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 82 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Madenna K. Dorgan, Richard Dorgan of Elizabeth Mueller, MD on 10/30/19 at 6:00 pm CT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 81 NOTICE OF DEPOSITION DUCES TECUM by Madenna K. Dorgan, Richard Dorgan of Elizabeth Mueller, MD on 10/30/19 at 6:00 pm CT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 80 NOTICE of Service of Subpoena on Brad Kerl by Madenna K. Dorgan, Richard Dorgan re: #60 Notice of Videotaped Deposition. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 79 NOTICE of Service of Subpoena on William Tad Wilson, MD by Madenna K. Dorgan, Richard Dorgan re: #61 Notice of Viedotaped Deposition. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 78 NOTICE of Service of Subpoena on Shannon Maker by Madenna K. Dorgan, Richard Dorgan re: #59 Notice of Videotaped Deposition. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 77 NOTICE of Service of Subpoena on Ebenezer O. Babalola, MD by Madenna K. Dorgan, Richard Dorgan re: #62 Notice of Videotaped Deposition. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 76 RESPONSES AND OBJECTIONS to #70 Notice of Deposition by Madenna K. Dorgan, Richard Dorgan of Bruce Rosenzweig, M.D. (Attachment: #1 Exhibit NOD of Dr. Bruce Rosenzweig)(Cartmell, Thomas) [Transferred from wvsd on 7/1/2020.] |
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Filing 75
ORDER The Motion for Leave to File Daubert and Dispositive Motions for Wave 12 is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/24/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; each individual action on Exhibit A) (kew) [Transferred from wvsd on 7/1/2020.]
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| Filing 74 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File Daubert and Dispositive Motions for Wave 12. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 73 TRANSCRIPT OF PROCEEDINGS of Telephonic Motions Hearing held on September 19, 2019, before Magistrate Judge Cheryl A. Eifert. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 10/3/2019. Redaction Request due 10/15/2019. Redacted Transcript Deadline set for 10/24/2019. Release of Transcript Restriction set for 12/23/2019. (lac) [Transferred from wvsd on 7/1/2020.] |
| Filing 72 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) [Transferred from wvsd on 7/1/2020.] |
| Filing 71 TELEPHONE CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 9/19/2019; Court Reporter: Lisa Cook. (hkl) [Transferred from wvsd on 7/1/2020.] |
| Filing 70 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce Rosenzweig on 9/25/19 at 8:00 a.m. CT (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
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Filing 69
ORDER A telephonic conference shall take place on 9/19/2019 at 1:30 p.m. EDT, before the undersigned United States Magistrate Judge. Signed by Magistrate Judge Cheryl A. Eifert on 9/13/2019. (cc: counsel of record; any unrepresented party) (kew) [Transferred from wvsd on 7/1/2020.]
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| Filing 68 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 67 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Madenna K. Dorgan, Richard Dorgan of William Tad Wilson, MD on 10/04/19 at 9:00 am CDT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 66 NOTICE OF DEPOSITION by Madenna K. Dorgan, Richard Dorgan of Shannon Maker on 09/04/19 at 2:00 pm CDT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 65 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to Plaintiffs' #59 Notice of Videotaped Deposition. (Attachment: #1 Exhibit A)(Gage, William) [Transferred from wvsd on 7/1/2020.] |
| Filing 64 ACCEPTANCE OF SERVICE ON SUBPOENA for Dr. George Austin. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
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Filing 63
ORDER granting #58 JOINT MOTION to Dismiss Ethicon LLC only; claims against Defendants Ethicon, Inc., and Johnson & Johnson will continue to be prosecuted. Signed by Judge Joseph R. Goodwin on 8/23/2019. (cc: attys; any unrepresented party) (ts)[Transferred from wvsd on 7/1/2020.]
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| Filing 62 NOTICE OF VIDEOTAPED DEPOSITION by Madenna K. Dorgan, Richard Dorgan of Ebenezer O. Babalola, MD on 09/25/2019 at 9:00 am CDT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 61 NOTICE OF VIDEOTAPED DEPOSITION by Madenna K. Dorgan, Richard Dorgan of William Tad Wilson, MD on 09/24/2019 at 9:00 am CDT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 60 NOTICE OF VIDEOTAPED DEPOSITION by Madenna K. Dorgan, Richard Dorgan of Brad Kerl on 09/18/2019 at 1:30 pm ET (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 59 NOTICE OF VIDEOTAPED DEPOSITION by Madenna K. Dorgan, Richard Dorgan of Shannon Maker on 09/18/2019 at 9:00 am CDT (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 58 JOINT MOTION by Madenna K. Dorgan, Richard Dorgan, Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice. (Robinson, Susan) (Modified on 8/21/2019 to add party filers) (mkw). [Transferred from wvsd on 7/1/2020.] |
| Filing 57 CERTIFICATE OF SERVICE by Madenna K. Dorgan, Richard Dorgan for Plaintiffs Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 56 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. George Austin on 9/17/19 at 9:00 a.m. CDT (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 55 CERTIFICATE OF SERVICE by Richard Dorgan for Responses and Objections to First Set of Interrogatories. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 54 CERTIFICATE OF SERVICE by Madenna K. Dorgan for Responses and Objections to First Set of Interrogatories, Requests for Admissions, and Request for Production. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 53 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 52 RESPONSES AND OBJECTIONS to #50 Notice OF Video Deposition of Richard Dorgan by Richard Dorgan. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 51 RESPONSES AND OBJECTIONS to #50 Notice OF Video Deposition of Madenna K. Dorgan by Madenna K. Dorgan. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 50 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Madenna Dorgan and Richard Dorgan on 6/27/19 at 9:00 a.m. and 2:00 p.m. CDT (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 49 CERTIFICATE OF SERVICE by Madenna K. Dorgan, Richard Dorgan for Plaintiffs' First Set of Interrogatories, First Request for Production of Documents, and First Request for Admissions to Defendant Ethicon, Inc.. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 48 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories to Plaintiff, Richard Dorgan. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 47 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 46 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Brian J. Madden on behalf of Madenna K. Dorgan, Richard Dorgan. (Madden, Brian) [Transferred from wvsd on 7/1/2020.] |
| Filing 45 PLAINTIFF FACT SHEET filed by Madenna K. Dorgan, Richard Dorgan. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
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Filing 44
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) (ts) (ADI) [Transferred from wvsd on 7/1/2020.]
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Filing 43
ORDER (Dismissing Defendant without Prejudice) directing that (1) the Joint Motion to Dismiss without Prejudice filed in MDL 2327 is GRANTED; and (2) the AMS defendant is DISMISSED WITHOUT PREJUDICE from the action(s) listed on the attached Exhibit(s) A-E; (3) if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot. The Clerk is DIRECTED to: (1) dismiss the AMS defendant from the individual civil action(s) without prejudice; (2) if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-E) (brn) [Transferred from wvsd on 7/1/2020.]
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Filing 42
INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibits A-D, the plaintiffs and all named defendants, as listed in the captions of those cases on the docket sheet, have reached a settlement. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) that the Clerk place the case(s) listed on the attached Exhibit(s) on the pending inactive docket, 3) Plaintiff(s) and defendant may submit a Joint Motion to Dismiss with prejudice on or before 4/29/2019; if settlements are not finalized and dismissal orders are not submitted by then, any case remaining on an inactive docket will be moved to the active docket and placed on a shortened Docket Control Order. It is not necessary for the parties to submit one dismissal that includes all defendants. If a plaintiff(s) and a defendant have completed the settlement process and finalized everything necessary to dismiss the defendant, then the plaintiff(s) and that particular defendant may submit a Joint Motion to Dismiss for that particular defendant. The Court will reinstate any case on the attached Exhibits A-D to the active docket if one of the parties, on motion, shows good cause for such reinstatement. Such motion shall be made within 5 days of rejection of the settlement. The court notes that in some cases counsel have represented that they are authorized by the plaintiffs on the attached exhibits to act on the plaintiffs behalf with respect to settlement matters. Once settlements are finalized, dismissal orders must be signed by counsel of record. The Clerk is DIRECTED to place Inactive flags only for defendants who have not already been dismissed and link this Order to the Proposed Inactive Docket Order filed at ECF No. 7166. Signed by Judge Joseph R. Goodwin on 1/30/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-D) (kp) [Transferred from wvsd on 7/1/2020.]
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| Filing 41 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES (Relief from deadlines set forth in PTO # 280) by American Medical Systems, Inc., Richard Dorgan, Madenna K. Dorgan (Binis, Barbara) (Modified on 8/21/2018 to add party filers) (ts). [Transferred from wvsd on 7/1/2020.] |
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Filing 40
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: 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; 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) [Transferred from wvsd on 7/1/2020.]
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| Filing 38 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. George M. Austin on 3/26/2018 at 9:00 am (Thomas, David) [Transferred from wvsd on 7/1/2020.] |
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Filing 39
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 7/1/2020.]
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| Filing 37 PLAINTIFF PROFILE FORM filed by Madenna K. Dorgan. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
| Filing 36 PLAINTIFF PROFILE FORM filed by Madenna K. Dorgan. (Kuntz, Jeffrey) [Transferred from wvsd on 7/1/2020.] |
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Filing 35
ORDER granting #34 MOTION by Raymond C. Silverman, Jerrold S. Parker, Melanie H. Muhlstock to Withdraw as Counsel for Plaintiffs Madenna K. Dorgan, Richard Dorgan; the Clerk is DIRECTED to terminate Raymond C. Silverman, Jerrold S. Parker, and Melanie H. Muhlstock as counsel for the plaintiffs. Signed by Judge Joseph R. Goodwin on 2/11/2016. (cc: counsel of record; any unrepresented party) (ts) [Transferred from wvsd on 7/1/2020.]
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| Filing 34 MOTION by Raymond C. Silverman, Jerrold S. Parker, Melanie H. Muhlstock to Withdraw as Counsel for Plaintiffs Madenna K. Dorgan, Richard Dorgan (Silverman, Raymond) [Transferred from wvsd on 7/1/2020.] |
| Filing 33 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Aaron N. Arthur on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Arthur, Aaron) [Transferred from wvsd on 7/1/2020.] |
| Filing 32 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Daniel R. Higginbotham on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Higginbotham, Daniel) [Transferred from wvsd on 7/1/2020.] |
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Filing 31
ORDER: Based on representation of counsel that Laura H. Dixon 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 5/5/2014. (cc: attys; any unrepresented party) (all) [Transferred from wvsd on 7/1/2020.]
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Filing 30
ORDER denying #28 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Order to Show Cause re: Why Claims Should Not be Dismissed Based Upon Lack of Standing and/or Judicial Estoppel. Signed by Judge Joseph R. Goodwin on 11/21/2013. (cc: attys; any unrepresented party) (tmh) [Transferred from wvsd on 7/1/2020.]
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| Filing 29 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #28 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Order to Show Cause re: Why Claims Should Not be Dismissed Based Upon Lack of Standing and/or Judicial Estoppel. (Jones, Christy) [Transferred from wvsd on 7/1/2020.] |
| Filing 28 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Order to Show Cause re: Why Claims Should Not be Dismissed Based Upon Lack of Standing and/or Judicial Estoppel. (Jones, Christy) [Transferred from wvsd on 7/1/2020.] |
| DEFENDANT(S) Endo Pharmaceuticals, Inc., American Medical Systems Holdings, Inc. and Endo Health Solutions Inc. terminated pursuant to PTO #42 entered in MDL 2327, Ethicon, Inc. this date. (klc) [Transferred from wvsd on 7/1/2020.] |
| NOTICE OF DOCKET CORRECTION re: #21 and #22 Notice of Attorney Appearance and Counsel Contact Information Forms by Jeffrey M. Kuntz and Thomas P. Cartmell on behalf of Madenna K. Dorgan, Richard Dorgan. ERROR: Incorrect images attached. CORRECTION: Incorrect images removed and replaced with correct images. (rea) [Transferred from wvsd on 7/1/2020.] |
| Filing 27 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 7/1/2020.] |
| Filing 26 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 7/1/2020.] |
| Filing 25 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 7/1/2020.] |
| Filing 24 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 7/1/2020.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, LLC. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Thomas P. Cartmell on behalf of Madenna K. Dorgan, Richard Dorgan. (Cartmell, Thomas) (Modified on 12/5/2012 to replace incorrect image with correct image) (rea). [Transferred from wvsd on 7/1/2020.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jeffrey M. Kuntz on behalf of Madenna K. Dorgan, Richard Dorgan. (Kuntz, Jeffrey) (Modified on 12/5/2012 to replace incorrect image with correct image) (rea). [Transferred from wvsd on 7/1/2020.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, LLC. (Combs, Philip) [Transferred from wvsd on 7/1/2020.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from wvsd on 7/1/2020.] |
| Filing 18 SUMMONS RETURNED EXECUTED for Endo Pharmaceuticals, Inc. re: #4 Amended Short Form Complaint. Endo Pharmaceuticals, Inc. served on 10/12/2012, answer due 11/2/2012. (Silverman, Raymond) Modified on 5/20/2014 to edit minor typo (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 17 SUMMONS RETURNED EXECUTED for Ethicon, LLC re: #4 Amended Short Form Complaint. Ethicon, LLC served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 5/20/2014 to correct minor typo (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 16 SUMMONS RETURNED EXECUTED for Johnson & Johnson re: #4 Amended Short Form Complaint. Johnson & Johnson served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 3/4/2014 to edit text to match document filed (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 15 SUMMONS RETURNED EXECUTED for Ethicon, Inc. re: #4 Amended Short Form Complaint. Ethicon, Inc. served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 3/4/2014 to edit text to match document filed (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 14 SUMMONS RETURNED EXECUTED for Endo Health Solutions Inc. re: #4 Amended Short Form Complaint. Endo Health Solutions Inc. served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 3/4/2014 to edit text to match document filed (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 13 SUMMONS RETURNED EXECUTED for American Medical Systems Holdings, Inc. re: #4 Amended Short Form Complaint. American Medical Systems Holdings, Inc. served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 3/4/2014 to edit text to match document filed (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 12 SUMMONS RETURNED EXECUTED for American Medical Systems, Inc. re: #4 Amended Short Form Complaint. American Medical Systems, Inc. served on 10/11/2012, answer due 11/1/2012. (Silverman, Raymond) Modified on 3/4/2014 to edit text to match document filed (arb). [Transferred from wvsd on 7/1/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Farrell, Michael) [Transferred from wvsd on 7/1/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Legg, Erik) [Transferred from wvsd on 7/1/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 7/1/2020.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 7/1/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 7/1/2020.] |
| Filing 6 SUMMONS ISSUED by the Clerk on behalf of Richard Dorgan, Madenna K. Dorgan for American Medical Systems Holdings, Inc., American Medical Systems, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #4 Amended Short Form Complaint - Ethicon, Inc., returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from wvsd on 7/1/2020.] |
| Filing 5 SUMMONS TO BE REISSUED SUBMITTED by Madenna K. Dorgan, Richard Dorgan for Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, American Medical Systems, Inc., American Medical Systems Holdings, Inc., Endo Pharmaceuticals, Inc., Endo Health Solutions Inc., re: #4 First Amended Short Form Complaint - Ethicon, Inc.,. (Attachments: #1 Summons - AMS, #2 Summons - Endo Health, #3 Summons - Endo Holdings, #4 Summons - Endo Pharm, #5 Summons - Ethicon Inc, #6 Summons - Ethicon LLC, #7 Summons - Johnson & Johnson)(Silverman, Raymond) [Transferred from wvsd on 7/1/2020.] |
| Filing 4 FIRST AMENDED SHORT FORM COMPLAINT filed by Madenna K. Dorgan, Richard Dorgan against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, American Medical Systems, Inc. ("AMS"), American Medical Systems Holdings, Inc. ("AMS Holdings"), Endo Pharmaceuticals, Inc., Endo Health Solutions Inc. (f/k/a Endo Pharmaceuticals Holdings, Inc.). (Silverman, Raymond) [Transferred from wvsd on 7/1/2020.] |
| Filing 3 SUMMONS ISSUED by the Clerk on behalf of Madenna K. Dorgan, Richard Dorgan for American Medical Systems, Inc., Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies for each defendant returned to plaintiff's counsel for service. (tmh) [Transferred from wvsd on 7/1/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 10 (Lifting Stay on Discovery) entered on 06/14/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from wvsd on 7/1/2020.] |
| Filing 1 COMPLAINT. Filing Fee $350.00. Receipt # 0425-1907011. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from wvsd on 7/1/2020.] |
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