STAIGMILLER v. ETHICON, INC. et al
| MARLENE STAIGMILLER and Gail Shephard |
| SECANT MEDICAL, LLC, Johnson & Johnson, PRODESCO, INC., SECANT MEDICAL, INC. and Ethicon, Inc. |
| 9:2020cv00119 |
| August 5, 2020 |
| US District Court for the District of Montana |
| Donald W Molloy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 34 STIPULATION of Dismissal of Certain Claims by Ethicon, Inc., Johnson & Johnson. (Davis, Maxon) |
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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
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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)
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| Filing 27 NOTICE of Acknowledgment of Pro Hac Vice Order by MARLENE STAIGMILLER (Baldwin, Kila) |
| 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) |
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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)
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| 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) |
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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)
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| 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) |
| Filing 21 NOTICE of Acknowledgment of Pro Hac Vice Order by MARLENE STAIGMILLER (Balefsky, Lee) |
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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)
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| 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) |
| 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) |
| Filing 17 NOTICE of Appearance by John M. Fitzpatrick on behalf of MARLENE STAIGMILLER (Fitzpatrick, John) |
| 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) |
| Filing 15 NOTICE of Appearance by Maxon R. Davis on behalf of Ethicon, Inc., Johnson & Johnson (Davis, Maxon) |
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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)
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| 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, ) |
| 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.] |
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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.]
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| 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.] |
| Filing 9 NOTICE of Appearance by KILA BRIGET BALDWIN on behalf of MARLENE STAIGMILLER (BALDWIN, KILA) [Transferred from paed on 8/5/2020.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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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