Kessler et al v. Ethicon, Inc. et al
| Allan Kessler and Joyce R. Kessler |
| Ethicon LLC, Johnson & Johnson and Ethicon, Inc |
| 2:2019cv01921 |
| October 31, 2019 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Nancy J Koppe |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.
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| Filing 46 Joint STATUS REPORT by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert) |
Filing 45
ORDER Granting #44 Motion to Substitute Attorneys Sihomara L. Graves and Robert R. McCoy for Attorneys Susan M. Robinson, Eileen Marie Somers, David B. Thomas, Melissa A. Merk and Kenneth A. Murphy. Signed by Magistrate Judge Nancy J. Koppe on 11/25/2019.(Copies have been distributed pursuant to the NEF - ADR)
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| Filing 44 MOTION to Substitute Attorney by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert) |
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Filing 43
ORDER granting #42 Verified Petition for Permission for Lee B. Balefsky to Practice Pro Hac Vice and approving Designation of Local Counsel Don Springmeyer. Signed by Judge Richard F. Boulware, II on 11/21/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JM)
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| Filing 42 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lee B. Balefsky and DESIGNATION of Local Counsel Don Springmeyer (Filing fee $ 250 receipt number 0978-5784868) by Plaintiffs Allan Kessler, Joyce R. Kessler. (Springmeyer, Don) |
| Filing 41 NOTICE of Appearance by attorney Don Springmeyer on behalf of Plaintiffs Allan Kessler, Joyce R. Kessler. and Bradley Schrager, Esq. (Springmeyer, Don) |
| Filing 40 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/31/2019. This action was received on* 10/30/19* pursuant to a court order directing transfer from the* Southern District of West Virginia* and assigned case number 2:19-cv-01921-RFB-NJK. All future documents must bear said correct case number. Joint Status Report due by 11/30/2019. Verified Petition due by 12/15/2019. (Copies have been distributed pursuant to the NEF - JQC) |
| Filing 38 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-01211. Original file with transfer order and docket sheet received. (JQC) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe. (JQC) |
| Filing 37 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 2050-PLAINTIFFS MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF UNICOLE FLEISCHMANN, M.D., #2 2060-PLAINTIFFS DAUBERT MOTION TO EXCLUDE THE OPINIONS OF FDA EXPERT TIMOTHY ULATOWSKI, #3 2230-REPLY IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF NICOLE FLEISCHMANN, M.D., #4 2297-PLAINTIFFS REPLY TO DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS DAUBERT MOTION TO EXCLUDE, OR IN THE ALTERNATIVE, TO LIMIT THE OPINIONS AND TESTIMONY OF STEVEN MACLEAN, PH.D., P.E.., #5 2931-PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE CERTAIN GENERAL OPINIONS OF BRUCE ROSENZWEIG, M.D., #6 2949-PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE PEGGY PENCE, PH.D., #7 3767-PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE pt 1, #8 3767-PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE pt 2, #9 3767-PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE pt 3, #10 3767-PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF PROF. DR. MED. UWE KLINGE pt 4, #11 4554-PLAINTIFFS RESPONSE TO DEFENDANTS MOTION AND MEMORANDUM TO EXCLUDE CERTAIN GENERAL OPINIONS OF BOBBY SHULL, M.D., #12 5482-PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE CERTAIN GENERAL OPINIONS OF BRUCE ROSENZWEIG, M.D, #13 6876-PLAINTIFFS DAUBERT MOTION TO PRECLUDE OR, IN THE ALTERNATIVE, TO LIMIT THE OPINIONS AND TESTIMONY OF C. BRYCE BOWLING, M.D.)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (2942) RESPONSE by Defendants IN OPPOSITION TO PLAINTIFFS MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF STEVEN MACLEAN, PH.D., #2 (3053) REPLY by ALL Plaintiffs in Support of Daubert Motion to Exclude or Limit the Opinions and Test of Steven Maclean, Ph.D. Part1, #3 (3053) REPLY by ALL Plaintiffs in Support of Daubert Motion to Exclude or Limit the Opinions and Test of Steven Maclean, Ph.D. Part2, #4 (3053) REPLY by ALL Plaintiffs in Support of Daubert Motion to Exclude or Limit the Opinions and Test of Steven Maclean, Ph.D. Part3, #5 (6824) NOTICE of Adoption of Prior Daubert Motion of Steven MacLean, Ph.D, P.E. for Wave 8, #6 (6998) NOTICE of Adoption of Prior Daubert Response of Steven Maclean, M.D. for Wave 8, #7 (7100) NOTICE of Adoption of Prior Daubert Reply of Steven MacLean, Ph.D. for Wave 8 by All Plaintiffs, #8 (2060) Plaintiffs' motion to exclude Tim Ulatowski WAVE 1, #9 (2065) Plaintiff's Memo in Support of Their Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski for Wave 8, #10 (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #11 (2232) Plaintiffs_ Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #12 (2910) NOTICE OF SUPPLEMENTAL RESPONSE AND NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE REGARDING TIMOTHY ULATOWSKI FOR WAVE 3, #13 (6860) NOTICE of Adoption of Prior Daubert Motion of Timothy Ulatowski, M.D. for Wave 8, #14 (6965) Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski Wave 8, #15 (7143) NOTICE of Adoption of Prior Daubert Reply of Timothy Ulatowski, M.D. for Wave 8 by All Plaintiffs, #16 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part1, #17 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #18 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #19 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #20 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #21 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #22 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #23 (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #24 (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #25 (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #26 (6648) NOTICE of Adoption of Ethicons Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge Filed in Wave 4, #27 (6833) Amended Notice of Adoption to Exclude Testimony of Uwe Klinge, #28 (6926) NOTICE of Adoption of Prior Daubert Response of Prof. Dr. Med. Uwe Klinge for Wave 8, #29 (7123) NOTICE of Adoption of Prior Daubert Reply re Dr. Klinge, #30 (2759) Defendants Motion to Exclude Peggy Pence, PH.D., #31 (2760) Defendants Johnson & Johnson and Ethicon Memo in Support of Motion to Exclude Peggy Pence, PH.D., #32 (2949) MEMO by ALL Plaintiffs in Opposition to Defendants Motion to Exclude Peggy Pence, Ph.D., #33 (3017) REPLY by Ethicon in Support of Motion to Exclude Peggy Pence, PH.D., #34 (6821) NOTICE of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #35 (6958) NOTICE of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 8, #36 (7177) NOTICE of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D., for Ethicon Wave 8, #37 (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #38 (2818) Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #39 (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #40 (5332) MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #41 (5333) MEMO by Ethicon in support of MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. (Wave 7), #42 (5482) MEMO by All Plaintiffs in opposition to MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #43 (5548) REPLY by Ethicon to Memo In Opposition, #44 (6852) Adoption of Rosenzweig WAVE 8, #45 (6960) - Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, #46 (4355) D MTE Dr. Shull, #47 (4361) D Memo in Support MTE Dr. Shull, #48 (4554) P response to D MTE Dr. Bobby Shull, #49 (4625) D reply brief in support of MTE Dr. Bobby Shull, #50 (6827) D notice of adoption of MTE Dr. Shull, #51 (6961) - NOTICE OF ADOPTION OF PRIOR DAUBERT RESPONSE OF Bobbly Shull)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 35 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 (240) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON LLC TO FIRST AMENDED MASTER COMPLAINT, #4 (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #5 (262) Short Form Complaint, #6 (0263) Amended Short Form Complaint, #7 (6876) P MTE Dr. Bowling, #8 (6877) P MTE Dr. Bowling, #9 (7020) D opp to MTE Dr. Bowling, #10 (2015) Plaintiffs' Daubert Motion to Exclude Testimony of Stephen M. Factor, M.D., #11 (2020) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Testimony of Dr. Stephen M. Factor, #12 (2135) Response in Opposition to Plaintiffs' Motion to Exclude Stephen Factor, #13 (2256) REPLY in Support of Plts Memo of Law in Support of their Daubert Motion to Exclude the Opinions and Testimony of Stephen M. Factor, M.D., #14 (6795) NOTICE of Adoption of Prior Daubert Motion of Stephen M. Factor, M.D. for Wave 8, #15 (6975) Notice of Adoption of Prior Dabuert Response Regarding Stephen Factor, #16 (7092) NOTICE of Adoption of Prior Daubert Reply of Stephen M. Factor, MD for Wave 8 by All Plaintiffs, #17 (2050) P MTE Dr. Nicole Fleischmann, #18 (2051) P Memo in support of MTE Dr. Fleischmann, #19 (2159) D memo in opp to MTE Dr. Fleischmann, #20 (2230) P reply in support of MTE Dr. Fleischmann, #21 (6798) P notice of adoption of prior Daubert Dr. Fleischmann, #22 (7019) D Notice of Adoption daubert response Dr. Fleischmann, #23 (7440) P Notice of adoption of reply mte Dr. Fleischmann, #24 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part1, #25 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part2, #26 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part3, #27 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part4, #28 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part5, #29 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part6, #30 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part7, #31 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part8, #32 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part9, #33 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part10, #34 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part11, #35 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part12, #36 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part13, #37 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part14, #38 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part15, #39 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part16, #40 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part17, #41 (2205) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E.._Part18, #42 (2206) MEMORANDUM by All Plaintiffs in support of 2205 MOTION by All Plaintiffs to Exclude Opinion, #43 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part1, #44 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part2, #45 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part3, #46 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part4, #47 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part5, #48 (2287) Defendants Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony _Part6, #49 (2297) REPLY by All Plaintiffs to Response In Opposition to Motion to Limit Testimony of Steven Maclean, Ph.D., #50 (2825) Motion to Exclude or limit the Opinions and Testimony of Steven Maclean PHD PE)(Balefsky, Lee) (Modified on 10/30/2019 to add party filers) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 34
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 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 10/29/2019 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 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 33 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Joyce R. Kessler, Allan Kessler (Balefsky, Lee) (Modified on 4/26/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 31
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 West Virginia Southern on 10/31/2019.]
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Filing 30
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) (mwk) (ADI) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 28 OPPOSITION by Allan Kessler, Joyce R. Kessler to #26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary JudgmentMOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss With Prejudice. (Attachments: #1 Proposed Order, #2 Exhibit)(Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 27 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss for Lack of Subject Matter Jurisdiction and, in the Alternative, MOTION for Partial Summary Judgment. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 26 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Dismiss for Lack of Subject Matter Jurisdiction and, in the Alternative, MOTION for Partial Summary Judgment. (Modified on 10/20/2018 to add partial summary judgment event) (mk). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dawn Kessler on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 24 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Allan Kessler on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 23 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 West Virginia Southern on 10/31/2019.] |
| NOTICE OF DOCKET CORRECTION re: #21 Notice of Voluntary Dismissal With Prejudice. ERROR: Image did not contain counsel's signature. CORRECTION: Signature added and image replaced. (lca) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 22 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #21 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 21 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Allan Kessler, Joyce R. Kessler pursuant to Rule 41, Federal Rules of Civil Procedure. (Balefsky, Lee) (Modified on 6/27/2018 to remove and replace incomplete image) (lca). [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kenneth A. Murphy on behalf of Ethicon, Inc., Johnson & Johnson. (Murphy, Kenneth) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 20
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 West Virginia Southern on 10/31/2019.]
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| Filing 18 CERTIFICATE OF SERVICE by Allan Kessler, Joyce R. Kessler for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Joyce Kessler on May 21, 2018 at 2:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Miles Murphy, MD on June 19, 2018 at 1:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Miles Murphy on 3/8/2018 at 9:00 a.m. (Jones, Alyson) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 13
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 West Virginia Southern on 10/31/2019.]
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| Filing 11 PLAINTIFF PROFILE FORM filed by Allan Kessler, Joyce R. Kessler. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 10/31/2019.] |
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Filing 10
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) (kw) [Transferred from West Virginia Southern on 10/31/2019.]
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| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 10/31/2019.] |
| Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 2/4/2013, answer due 2/25/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from West Virginia Southern on 10/31/2019.] |
| 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 West Virginia Southern on 10/31/2019.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER 35 (Order Scheduling Future Status Conferences) entered on 01/23/2013 in MDL 2327 to attorneys in member case. (jap) [Transferred from West Virginia Southern on 10/31/2019.] |
| 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 West Virginia Southern on 10/31/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2184674. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 10/31/2019.] |
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