STAIGMILLER v. ETHICON, INC. et al
Plaintiff: MARLENE STAIGMILLER and Gail Shephard
Defendant: SECANT MEDICAL, LLC, Johnson & Johnson, PRODESCO, INC., SECANT MEDICAL, INC. and Ethicon, Inc.
Case Number: 9:2020cv00119
Filed: August 5, 2020
Court: US District Court for the District of Montana
Presiding Judge: Donald W Molloy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Filing 34 STIPULATION of Dismissal of Certain Claims by Ethicon, Inc., Johnson & Johnson. (Davis, Maxon)
September 8, 2020 Remark: Plaintiff updated on the docket in conjunction with 9/8/20 Order; "Gail Shephard, as personal representative of the Estate of Marlene Staigmiller" added in place of "Marlene Staigmiller." (NOS)
September 8, 2020 Opinion or Order Filing 33 ORDER NUNC PRO TUNC re #32 Scheduling Order: Deposition Deadline is 7/29/2021. Signed by Judge Donald W. Molloy on 9/8/2020. (dle)
September 8, 2020 Opinion or Order Filing 32 SCHEDULING ORDER: Proposed Pretrial Order due by 11/24/2021. Expert Hearing set for 10/20/2021 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Final Pretrial Conference set for 12/2/2021 at 2:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Jury Trial set for 12/13/2021 at 9:00 AM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. IT IS FURTHER ORDERED the Court adopts Judge Goodwin's previous Daubert rulings except as to those matters raised but not addressed or expressly reserved for trial. FURTHER ORDERED the caption is amended as reflected in this Order. Signed by Judge Donald W. Molloy on 9/8/2020. (dle)
September 3, 2020 Filing 31 JOINT CASE MANAGEMENT PLAN by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A -- Opinion & Order, #2 Exhibit B -- Opinion & Order, #3 Exhibit C -- Opinion & Order, #4 Exhibit D -- Opinion & Order, #5 Exhibit E -- Opinion & Order, #6 Exhibit F -- Opinion & Order, #7 Exhibit G -- Opinion & Order, #8 Exhibit H -- Grier Order, #9 Exhibit I -- Rosenblatt Order, #10 Exhibit J-- Thames Order, #11 Exhibit K -- Wright Order) (Davis, Maxon)
August 19, 2020 Filing 30 NOTICE of Acknowledgment of Pro Hac Vice Order by Ethicon, Inc., Johnson & Johnson re #28 Order on Motion to Appear Pro Hac Vice (Modak-Truran, Anita)
August 19, 2020 Filing 29 NOTICE of Acknowledgment of Pro Hac Vice Order by Ethicon, Inc., Johnson & Johnson re #25 Order on Motion to Appear Pro Hac Vice for Pamela R. Lawrence (Lawrence, Pamela)
August 18, 2020 Opinion or Order Filing 28 ORDER granting #26 Motion to Appear Pro Hac Vice for Attorney Anita Modak-Truran for Ethicon, Inc.,Anita Modak-Truran for Johnson & Johnson. Acknowledgment of PHV Order due by 9/2/2020. Signed by Judge Donald W. Molloy on 8/18/2020. (dle)
August 18, 2020 Filing 27 NOTICE of Acknowledgment of Pro Hac Vice Order by MARLENE STAIGMILLER (Baldwin, Kila)
August 17, 2020 Filing 26 MOTION Anita Modak-Truran to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2528260.) Maxon R. Davis appearing for Defendants Ethicon, Inc., Johnson & Johnson (Attachments: #1 Affidavit of Anita Modak-Truran, #2 Supplement Certification of A M-T, #3 Text of Proposed Order) (Davis, Maxon)
August 17, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion to Appear Pro Hac Vice for Attorney Pamela Lawrence. Acknowledgment of PHV Order due within 15 days. Signed by Judge Donald W. Molloy on 8/17/2020. (NOS)
August 14, 2020 Filing 24 MOTION Pamela Lawrence to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2527649.) Maxon R. Davis appearing for Defendants Ethicon, Inc., Johnson & Johnson (Attachments: #1 Affidavit of Pamela Lawrence, #2 Supplement Certification of Pamela Lawrence, #3 Text of Proposed Order) (Davis, Maxon)
August 13, 2020 Opinion or Order Filing 23 ORDER granting #22 Motion to Appear Pro Hac Vice for Kila Baldwin. Acknowledgment of PHV Order due within 15 days. Signed by Judge Donald W. Molloy on 8/13/2020. (NOS)
August 12, 2020 Filing 22 MOTION Kila Baldwin to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2525980.) John M. Fitzpatrick appearing for Plaintiff MARLENE STAIGMILLER (Attachments: #1 Affidavit Kila Baldwin, #2 Certification Kila Baldwin, #3 Text of Proposed Order Allowing Kila Baldwin to appear Pro Hac Vice) (Fitzpatrick, John)
August 12, 2020 Filing 21 NOTICE of Acknowledgment of Pro Hac Vice Order by MARLENE STAIGMILLER (Balefsky, Lee)
August 11, 2020 Opinion or Order Filing 20 ORDER granting #18 Motion to Appear Pro Hac Vice for Lee Balefsky. Acknowledgment of PHV Order due within 15 days. Signed by Judge Donald W. Molloy on 8/11/2020. (NOS)
August 11, 2020 Filing 19 Submission of Proposed Order re: #18 MOTION Lee Balefsky to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2525063.). (Fitzpatrick, John)
August 11, 2020 Filing 18 MOTION Lee Balefsky to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2525063.) John M. Fitzpatrick appearing for Plaintiff MARLENE STAIGMILLER (Attachments: #1 Affidavit Lee Balefsky, #2 Certification Lee Balefsky) (Fitzpatrick, John)
August 10, 2020 Filing 17 NOTICE of Appearance by John M. Fitzpatrick on behalf of MARLENE STAIGMILLER (Fitzpatrick, John)
August 10, 2020 Filing 16 NOTICE of Withdrawal of Counsel: Kenneth A. Murphy; Molly Elizabeth Flynn and Melissa A. Merk withdrawing from the case, filed by Ethicon, Inc., Johnson & Johnson (Davis, Maxon)
August 10, 2020 Filing 15 NOTICE of Appearance by Maxon R. Davis on behalf of Ethicon, Inc., Johnson & Johnson (Davis, Maxon)
August 6, 2020 Opinion or Order Filing 14 ORDER. IT IS ORDERED: 1. On or before August 18, 2020, both parties shall obtain local counsel and seek admission of pro hac vice attorneys as required by District of Montana Local Rule 83.1. Failure to do so may result in either dismissal or default. 2. On or before September 3, 2020, the parties shall jointly file a trial plan (see Order). Signed by Judge Donald W. Molloy on 8/5/2020. (NOS)
August 5, 2020 Filing 13 Case transferred in from District of Pennsylvania Eastern; Case Number 2:14-cv-06029. Original file certified copy of transfer order and docket sheet received. (CDH, )
August 3, 2020 Filing 12 JOINT STIPULATION AND ORDER TO TRANSFER UNDER 28 U.S.C. 1406(A) AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/3/20. 8/3/20 ENTERED AND COPIES E-MAILED. *NOT MAILED TO UNREPS.(jaa, ) [Transferred from paed on 8/5/2020.]
July 21, 2020 Opinion or Order Filing 11 ORDERED THAT WITHIN 14 DAYS FROM THE DATE OF THIS ORDER, THE PARTIES SHALL FILE A JOINT REPORT AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/21/2020. 7/21/2020 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS. (sg, ) [Transferred from paed on 8/5/2020.]
July 16, 2020 Filing 10 NOTICE of Appearance by MOLLY ELIZABETH FLYNN on behalf of ETHICON, INC., JOHNSON & JOHNSON with Certificate of Service(FLYNN, MOLLY) [Transferred from paed on 8/5/2020.]
July 16, 2020 Filing 9 NOTICE of Appearance by KILA BRIGET BALDWIN on behalf of MARLENE STAIGMILLER (BALDWIN, KILA) [Transferred from paed on 8/5/2020.]
June 15, 2020 Filing 8 CONDITIONAL REMAND ORDER REMANDING CASE TO THE U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF PA. 6/15/20 ENTERED. (kw, ) [Transferred from paed on 8/5/2020.]
December 3, 2014 Filing 7 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (sg, ) [Transferred from paed on 8/5/2020.]
November 18, 2014 Original record transferred to the Southern District of West Virginia via interdistrict transfer system as part of MDL-2327/CTO-149. (eibo, ) [Transferred from paed on 8/5/2020.]
November 17, 2014 Filing 5 MOTION to Remand to State Court filed by MARLENE STAIGMILLER.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order Order, #2 Memorandum Memorandum in Support, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G)(TIGER, MICHELLE) [Transferred from paed on 8/5/2020.]
November 14, 2014 Filing 6 CONDITIONAL TRANSFER ORDER (CTO-149) THAT PURSUANT TO RULE 7.1 OF THE RULES OF PROCEDURE OF THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION, THE ACTION(S) ON THE ATTACHED SCHEDULE ARE TRANSFERRED UNDER 28 U.S.C. SEC. 1407 TO THE SOUTHERN DISTRICT OF WEST VIRGINIA FOR THE REASONS STATED IN THE ORDER OF 2/7/2012, AND, WITH THE CONSENT OF THAT COURT, ASSIGNED TO THE HONORABLE JOSEPH R. GOODWIN.(sg, ) [Transferred from paed on 8/5/2020.]
November 11, 2014 Filing 4 RESPONSE to Motion re #3 MOTION to Dismiss for Lack of Jurisdiction filed by MARLENE STAIGMILLER. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F1, #7 Exhibit Exhibit F2, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J)(BALEFSKY, LEE) [Transferred from paed on 8/5/2020.]
October 29, 2014 Filing 3 MOTION to Dismiss for Lack of Jurisdiction filed by ETHICON, INC., JOHNSON & JOHNSON.Memorandum in Support and Certificate of Service. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Exhibit A)(GRAFF, MELISSA) [Transferred from paed on 8/5/2020.]
October 22, 2014 Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by ETHICON, INC., JOHNSON & JOHNSON.(rt) [Transferred from paed on 8/5/2020.]
October 22, 2014 Filing 1 NOTICE OF REMOVAL by ETHICON, INC., JOHNSON & JOHNSON from Court of Common Pleas of Philadelphia, case number 14060166, with Certificate of Service.(Filing fee $ 400 receipt number 110059) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(rt) [Transferred from paed on 8/5/2020.]

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Defendant: SECANT MEDICAL, LLC
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Defendant: Johnson & Johnson
Represented By: Melissa A. Merk
Represented By: KENNETH A. MURPHY
Represented By: MOLLY ELIZABETH FLYNN
Represented By: Maxon R. Davis
Represented By: Pamela Ferrell
Represented By: Anita Modak-Truran
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Defendant: PRODESCO, INC.
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Defendant: SECANT MEDICAL, INC.
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Defendant: Ethicon, Inc.
Represented By: Melissa A. Merk
Represented By: KENNETH A. MURPHY
Represented By: MOLLY ELIZABETH FLYNN
Represented By: Maxon R. Davis
Represented By: Pamela Ferrell
Represented By: Anita Modak-Truran
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Plaintiff: MARLENE STAIGMILLER
Represented By: Lee B. Balefsky
Represented By: KILA BRIGET BALDWIN
Represented By: Michelle L. Tiger
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Plaintiff: Gail Shephard
Represented By: Michelle L. Tiger
Represented By: John M. Fitzpatrick
Represented By: KILA BRIGET BALDWIN
Represented By: Lee B. Balefsky
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