Heinrich et al v. Ethicon, Inc. et al
Plaintiff: Gregory Heinrich and Barbara Heinrich
Defendant: Ethicon LLC, Johnson & Johnson and Ethicon, Inc
Case Number: 2:2020cv00166
Filed: January 23, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Cam Ferenbach
Referring Judge: Andrew P Gordon
2 Judge: Cristina D Silva
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 7, 2023 Opinion or Order Filing 249 REPLY to Response to #247 Motion by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
March 31, 2023 Opinion or Order Filing 248 RESPONSE to #247 Motion by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 4/7/2023. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Deposition Excerpt of Karyn Eilber, #3 Exhibit 2: Deposition Excerpt of Shlomo Raz, #4 Exhibit 3: Deposition Excerpt of Charles Nager, #5 Exhibit 4: Deposition Excerpt of Axel Arnaud, #6 Exhibit 5: Deposition Excerpt of Ronald Horton, #7 Exhibit 6: Deposition Excerpt of Thomas Storozuk, #8 Exhibit 7: Deposition Excerpt of David Robinson, #9 Exhibit 8: Deposition Excerpt of Piet Hinoul, #10 Exhibit 9: Deposition Excerpt of Meng Chen, #11 Exhibit 10: Deposition Excerpt of Matthew Henderson, #12 Exhibit 11: Deposition Excerpt of Brian Kanerviko, #13 Exhibit 12: Deposition Excerpt of Mark Yale, #14 Exhibit 13: Deposition Excerpt of Renee Selman, #15 Exhibit 14: Plaintiffs Trial Exhibits Log, #16 Exhibit 15: Crabb v Harmon Enterprises, Inc. (Nev. 2014) (unpublished, No. 60634, May 1, 2014), #17 Exhibit 16: [MDL Doc No. 1022] Defendants Opposition to Plaintiffs Motion for a Finding of Spoliation and for Sanctions, #18 Exhibit 17: [MDL Doc No. 1022-1] Declaration Under Penalty of Perjury (Pursuant to 28 U.S.C. 1746) of Benjamin M. Watson, #19 Exhibit 18: Pretrial Order #49 Stipulated Agreed Order Regarding Delayed Filing and Application of the Statute of Limitations, #20 Exhibit 19: Appellants Opening Brief, 36:7-39:7, Wyeth v. Rowatt, 126 Nev. 446, 244 P.3d 765 (Nev. 2010), 2009 WL 6482740, #21 Exhibit 20: Respondents' Answering Brief, 40:20-21, Wyeth v. Rowatt, 126 Nev. 446, 244 P.3d 765 (Nev. 2010), 2009 WL 6482741)(Vannah, Matthew)
March 17, 2023 Opinion or Order Filing 247 MOTION Renewed Motion and Brief in Support for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(b) by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 3/31/2023. (McCoy, Robert) (misc) (trial)
February 21, 2023 Opinion or Order Filing 245 JURY NOTE. (JQC) Modified text on 2/24/2023 (EDS).
February 21, 2023 Opinion or Order Filing 243 Verdict Form. (JQC)
February 21, 2023 Opinion or Order Filing 241 MINUTES OF PROCEEDINGS - Jury Trial (Day 6) held on 2/21/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah and Robert Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomarah Graves; Court Reporter: Samantha McNett; Time of Hearing: 10:51 a.m. - 11:01 a.m.; Courtroom: 6B; Parties are present. See attached minutes for details. Jury Trial Concluded. Status Hearing set for 4/27/2023 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS)
February 21, 2023 Opinion or Order Filing 239 TRANSCRIPT of Proceedings, Jury Trial, Day 6 held on 02/21/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 10:51 a.m. - 11:00 a.m.. Any Redaction Request is due by 3/14/2023. Redacted Transcript Deadline is set for 3/24/2023. Release of the Transcript Restriction is set for 5/22/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 18, 2023 Opinion or Order Filing 238 TRANSCRIPT of Proceedings, Jury Trial, Day 5, held on 02/17/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:42 a.m. - 4:20 p.m.. Any Redaction Request is due by 3/11/2023. Redacted Transcript Deadline is set for 3/21/2023. Release of the Transcript Restriction is set for 5/19/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 17, 2023 Opinion or Order Filing 246 JURY NOTE . (JQC) Modified text on 2/24/2023 (EDS).
February 17, 2023 Opinion or Order Filing 240 MINUTES OF PROCEEDINGS - Jury Trial (Day 5) held on 2/17/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomarah Graves; Court Reporter: Samantha McNett; Time of Hearing: 9:43 a.m. - 4:20 p.m.; Courtroom: 6B; Parties are present. See attached minutes for details. Jury Trial set for 2/21/2023 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS)
February 17, 2023 Opinion or Order Filing 237 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/17/2023. The defendants move for judgment as a matter of law under Federal Rule of Civil Procedure 50(a). ECF No. #236 . For the reasons stated on the record during trial, the defendants' motion (ECF No. #236 ) is DENIED. (no image attached) (Copies have been distributed pursuant to the NEF - JLB)
February 17, 2023 Opinion or Order Filing 236 MOTION and Brief in Support for Judgment as a Matter of Law Under Fed. R. Civ. P. 50(a) by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 3/3/2023. (McCoy, Robert) (misc) (trial)
February 16, 2023 Opinion or Order Filing 235 TRANSCRIPT of Proceedings, #234 Jury Trial, Day 4, held on 02/16/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:47 a.m. - 5:11 p.m.. Any Redaction Request is due by 3/9/2023. Redacted Transcript Deadline is set for 3/19/2023. Release of the Transcript Restriction is set for 5/17/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 16, 2023 Opinion or Order Filing 234 MINUTES OF PROCEEDINGS - Jury Trial Day 4 held on 2/16/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah and Robert Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomarah Graves; Court Reporter: Samantha McNett; Time of Hearing: 9:47 a.m. -5:10 p.m.; Courtroom: 6B; Parties are present. See attached minutes for details. Jury Trial set for 2/17/2023 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS)
February 15, 2023 Opinion or Order Filing 233 TRANSCRIPT of Proceedings, #232 Jury Trial, Day 3, held on 02/15/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:32 a.m. - 3:43 p.m.. Any Redaction Request is due by 3/8/2023. Redacted Transcript Deadline is set for 3/18/2023. Release of the Transcript Restriction is set for 5/16/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 15, 2023 Opinion or Order Filing 232 MINUTES OF PROCEEDINGS - Jury Trial held on 2/15/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vanna and Robert Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomarah Graves; Court Reporter: Samantha McNett; Time of Hearing: 9:32 a.m. - 3:43 p.m.; Courtroom: 6B; Parties are present. See attached minutes for details. Jury Trial set for 2/16/2023 at 09:45 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS)
February 14, 2023 Opinion or Order Filing 231 TRIAL BRIEF by Plaintiffs Barbara Heinrich, Gregory Heinrich. . (Vannah, Matthew)
February 14, 2023 Opinion or Order Filing 230 TRANSCRIPT of Proceedings, #228 Jury Trial, Day 2, held on 02/14/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:33 a.m. - 3:47 p.m.. Any Redaction Request is due by 3/7/2023. Redacted Transcript Deadline is set for 3/17/2023. Release of the Transcript Restriction is set for 5/15/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 14, 2023 Opinion or Order Filing 229 REDACTED TRANSCRIPT of Proceedings, #225 Jury Trial, Day 1 held on 02/13/2023, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:34 a.m. - 4:33 p.m.. Any Redaction Request is due by 3/7/2023. Redacted Transcript Deadline is set for 3/17/2023. Release of the Transcript Restriction is set for 5/15/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
February 14, 2023 Opinion or Order Filing 228 MINUTES OF PROCEEDINGS - Jury Trial(Day 2) held on 2/14/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah and Matthew Vannah; Def Counsel: Sihomara Graves, Anita Modak-Truran and Paul Cassisa; Court Reporter: Samantha McNett; Time of Hearing: 9:35 a.m. - 3:47 p.m.; Courtroom: 6B; Parties are present. See attached minutes for details. Jury Trial set for 2/15/2023 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS) (Main Document 228 replaced on 2/15/2023) (DXS).
February 13, 2023 Opinion or Order Filing 225 MINUTES OF PROCEEDINGS - Jury Trial held on 2/13/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah, and Matthew Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomarah Graves; Court Reporter: Samantha McNett; Time of Hearing: 9:35 p.m. - 4:33 p.m.; Courtroom: 6B; Parties are present in court. See attached minutes for details. Jury Trial is continued to 2/14/2023 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - DXS)
February 9, 2023 Opinion or Order Filing 224 ORDER REGARDING JURY INSTRUCTIONS. Signed by Judge Cristina D. Silva on 2/9/2023. (Copies have been distributed pursuant to the NEF - YAW)
February 8, 2023 Opinion or Order Filing 223 EXHIBIT LIST by Defendants Ethicon, Inc, Johnson & Johnson.. (Attachments: #1 Exhibit A)(Graves, Sihomara)
February 7, 2023 Opinion or Order Filing 222 ORDER. IT IS HEREBY ORDERED that the Joint Pre-Trial Order (ECF No. #216 ) is ADOPTED IN PART as set forth in this order. Signed by Judge Cristina D. Silva on 2/7/2023. (Copies have been distributed pursuant to the NEF - YAW)
February 7, 2023 Opinion or Order Filing 221 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 2/7/2023. The parties have filed their proposed jury instructions. ECF Nos. 209, 211, 212, 213. But they do not comply with the court's order regarding trial. ECF No. 198. Paragraph 12 of that order provides the following: "JURY INSTRUCTIONS. Counsel are to comply with the Joint Pretrial Order. At least two weeks prior to the commencement of trial, counsel, or parties appearing pro se, are required to meet and confer to submit a set of agreed-upon jury instructions to the court. At least seven court days prior to the commencement of a trial, counsel are to electronically file the original set of mutually acceptable jury instructions and a set of disputed instructions (each instruction must contain short citation of authority for the proposed instruction). The same must be submitted contemporaneously to CDS_chambers@nvd.uscourts.gov." The parties have not submitted their agreed-upon jury instructions to the court and have instead submitted separate proposed instructions. The parties are hereby ordered to submit their agreed-upon jury instructions, in Word format, in compliance with the aforementioned directions, by 5:00pm on Thursday, February 9, 2023.(no image attached) (Copies have been distributed pursuant to the NEF - JLB)
February 7, 2023 Opinion or Order Filing 220 TRANSCRIPT of Proceedings, 206 Calendar Call, held on 1/26/2023, before Judge Cristina D. Silva. Court Reporter: Judy K. Moore. Recording start and end times: 9:30 - 10:13 a.m. Any Redaction Request is due by 2/28/2023. Redacted Transcript Deadline is set for 3/10/2023. Release of the Transcript Restriction is set for 5/8/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (JKM)
February 7, 2023 Opinion or Order Filing 219 EXHIBIT LIST by Plaintiffs Barbara Heinrich, Gregory Heinrich.. (Vannah, Matthew)
February 3, 2023 Opinion or Order Filing 218 TRIAL BRIEF by Plaintiffs Barbara Heinrich, Gregory Heinrich. . (Vannah, Matthew)
February 3, 2023 Opinion or Order Filing 217 TRIAL BRIEF by Defendants Ethicon, Inc, Johnson & Johnson. . (Graves, Sihomara)
February 3, 2023 Opinion or Order Filing 216 Proposed Joint Pretrial Order by Defendants Ethicon, Inc, Johnson & Johnson.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1)(Graves, Sihomara)
February 3, 2023 Opinion or Order Filing 215 BRIEF by Defendants Ethicon, Inc, Johnson & Johnson. in Opposition to Plaintiffs' Proposed Non-Model Instructions for Statute of Limitations Trial. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Graves, Sihomara)
February 3, 2023 Opinion or Order Filing 214 BRIEF by Defendants Ethicon, Inc, Johnson & Johnson. in Support of Their Proposed Non-Model Instructions For Statute of Limitations Trial. (Graves, Sihomara)
February 2, 2023 Opinion or Order Filing 213 PROPOSED Jury Instructions by Defendants Ethicon, Inc, Johnson & Johnson Joint. (Graves, Sihomara)
February 2, 2023 Opinion or Order Filing 212 PROPOSED Jury Instructions by Defendants Ethicon, Inc, Johnson & Johnson Joint. (Graves, Sihomara)
February 2, 2023 Opinion or Order Filing 211 PROPOSED Jury Instructions by Defendants Ethicon, Inc, Johnson & Johnson . (Graves, Sihomara)
February 2, 2023 Opinion or Order Filing 210 PROPOSED Verdict Form by Plaintiffs Barbara Heinrich, Gregory Heinrich . (Vannah, Matthew)
February 2, 2023 Opinion or Order Filing 209 PROPOSED Jury Instructions by Plaintiffs Barbara Heinrich, Gregory Heinrich . (Vannah, Matthew)
February 1, 2023 Opinion or Order Filing 208 PROPOSED Voir Dire by Plaintiffs Barbara Heinrich, Gregory Heinrich . (Vannah, Matthew)
February 1, 2023 Opinion or Order Filing 207 PROPOSED Voir Dire by Defendants Ethicon, Inc, Johnson & Johnson . (McCoy, Robert)
January 26, 2023 Opinion or Order Filing 206 MINUTES OF PROCEEDINGS - Calendar Call held on 1/26/2023 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah and Robert Vannah; Def Counsel: Anita Modak-Truran and Paul Cassisa; Court Reporter: Judy Moore; Time of Hearing: 9:42 a.m. - 10:13 a.m.; Courtroom: 6B; Parties are present in court. The Court makes preliminary remarks and hears representations from counsel. Parties are ready to proceed with trial. Trial will commence from 9:30 a.m. to 3:30 p.m. each day. Defense counsel requests that the Court review transcript from previous hearing. Parties will submit proposed joint pretrial order, trial brief, and proposed instructions by Friday, February 3, 2023. Jury Trial set for 2/13/2023 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
January 26, 2023 Opinion or Order Filing 205 TRANSCRIPT of Proceedings, 195 Miscellaneous Hearing, held on 10/17/2022, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 10:06 a.m. - 4:18 p.m.. Any Redaction Request is due by 2/16/2023. Redacted Transcript Deadline is set for 2/26/2023. Release of the Transcript Restriction is set for 4/26/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
January 19, 2023 Opinion or Order Filing 204 MINUTES OF PROCEEDINGS - Master Trial Scheduling Conference held on 1/19/2023 before Judge Jennifer A. Dorsey. Crtrm Administrator: NEV; Pla Counsel: Matthew Vannah; Def Counsel: Anita Modak-Truran; Court Reporter: Amber McClane; Time of Hearing: 10:19 a.m. - 10:21 a.m.; Courtroom: 6D; Parties are present by video conference. A Master Trial Scheduling Conference was held for all remaining cases on the district-wide trial stack. Parties inform the Court they are ready to proceed to trial. Trial is estimated to be 5 days. Parties further request that Calendar Call be in-person. Court adjourns at 10:21 a.m.. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
January 9, 2023 Opinion or Order Filing 203 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 1/9/2023. IT IS HEREBY ORDERED that lead trial counsel in this matter must appear on Wednesday, January 18, 2023, at 10:00 a.m. by Zoom video conferencing (the link will be provided shortly before the hearing) for a Master Trial Calendar Scheduling Conference with United States District Jennifer A. Dorsey for all remaining cases on the division-wide February 6, 2023/February 7, 2023, trial stack.The master trial list is available on the Court's website at https://www.nvd.uscourts.gov/master-trial-list/. At that conference, Judge Dorsey will announce the trial priority for the February 6, 2023/February 7, 2023, trial stack as of that date. Counsel is advised to confer immediately with their respective clients and each other about whether this case will be trial-ready for the trial stack and take appropriate action. No plaintiffs or defendants will be present because all parties' presence is waived. Stipulations to continue matters on this stack must be filed no later than noon on Wednesday, January 11, 2023. The filing of a stipulation will automatically vacate the Master Trial Calendar Scheduling Conference and excuse the parties from attendance at the MTSC. Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
December 2, 2022 Opinion or Order Filing 202 ORDER Granting in part and Denying in part #192 Motion for Protective Order. Signed by Judge Cristina D. Silva on 12/2/2022. (Copies have been distributed pursuant to the NEF - JQC)
November 16, 2022 Opinion or Order Filing 201 RESPONSE to 195 Miscellaneous Hearing,,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Attachments: #1 Exhibit 1: Obstetrics & Gynecology Devices Panel, September 8-9, 2011, Exhibit 9 to Ronald Horton deposition)(Vannah, Matthew)
November 16, 2022 Opinion or Order Filing 200 RESPONSE to 195 Miscellaneous Hearing,,, by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McCoy, Robert)
November 16, 2022 Opinion or Order Filing 199 RESPONSE to 195 Miscellaneous Hearing,,, by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1)(McCoy, Robert)
November 10, 2022 Opinion or Order Filing 198 ORDER REGARDING TRIAL. Jury Trial set for 2/13/2023 at 09:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. Signed by Judge Cristina D. Silva on 11/10/2022. (Copies have been distributed pursuant to the NEF - JQC)
October 31, 2022 Opinion or Order Filing 197 RESPONSE to 195 Miscellaneous Hearing,,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Defendants In Camera Transcript Provided to the Court for Catherine Beaths July 12, 2013 Deposition, #3 Exhibit 2: Transcript for July 12, 2013 Deposition of Catherine Beath, #4 Exhibit 3: Transcript for July 1, 2015 Deposition of Ronald Horton, #5 Exhibit 4: Exhibit 4 to July 1, 2015 Deposition of Ronald Horton, September 8-9, 2011 Surgical Mesh for Treatment of Women with Pelvic Organ Prolapse and Stress Urinary Incontinence, FDA Executive Summary, #6 Exhibit 5: Exhibit 11 to July 1, 2015 Deposition of Ronald Horton, January 3, 2012 Letter from Gross to Beath (ETH.MESH.02661121-02661124), #7 Exhibit 6: Exhibit 13 to July 1, 2015 Deposition of Ronald Horton, April 3, 2012 Letter from Marinac-Dabic to Kanerviko (ETH.MESH.04474782-04474785), #8 Exhibit 7: Exhibit 16 to July 1, 2015 Deposition of Ronald Horton, May 15, 2012 Letter from 453 Henderson to Distributor (ETH.MESH.13498521), #9 Exhibit 8: Exhibit 19 to July 1, 2015 Deposition of Ronald Horton, May 9, 2012 Letter from Kanerviko to Ritchey (ETH.MESH.04005088-04005089), #10 Exhibit 9: Exhibit 23 to July 1, 2015 Deposition of Ronald Horton, May 23, 2012 Update to Regulatory Affiliates Document (ETH.MESH.10186693), #11 Exhibit 10: Exhibit 27 to July 1, 2015 Deposition of Ronald Horton, February 1, 2012 Letter with Attachment from Kanerviko to Ritchey (ETH.MESH.07724716-07724716), #12 Exhibit 11: Exhibit 29 to July 1, 2015 Deposition of Ronald Horton, February 1, 2012 Letter with Attachment from Kanerviko to Ritchey (ETH.MESH.04474731-04474733))(Vannah, Matthew)
October 27, 2022 Opinion or Order Filing 196 RESPONSE to 195 Miscellaneous Hearing,,, by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1)(McCoy, Robert)
October 17, 2022 Opinion or Order Filing 195 MINUTES OF PROCEEDINGS - Hearing re Continued Hearing on Objections held on 10/17/2022 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah; Def Counsel: Sihomara Graves, Anita Modak-Truran and Paul Cassisa; Court Reporter: Samantha McNett; Time of Hearing: 10:07a.m. -11:29 a.m.; 11;42 a.m.-1:15 p.m.; 2:17 p.m. -4:18 p.m.; Courtroom: 6B; Parties are present in court. The Court makes preliminary remarks. The court heard arguments of counsel regarding video and deposition designations. The Court orders that clarification to exhibit 1 is due by 10/31/2022. Calendar Call set for 1/26/2023 at 09:30 AM with Jury Trial set for 2/13/2023 at 09:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. Parties anticipate trial to be no longer than 5 days. Order Regarding Trial shall issue. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
October 17, 2022 Opinion or Order Filing 194 REPLY to Response to #192 Motion for Protective Order by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
October 11, 2022 Opinion or Order Filing 193 RESPONSE to #192 Motion for Protective Order by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 10/18/2022. (Vannah, Matthew)
October 7, 2022 Opinion or Order Filing 192 Second MOTION for Protective Order by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 10/21/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McCoy, Robert)
September 12, 2022 Opinion or Order Filing 191 TRANSCRIPT of Proceedings, 190 Motion Hearing, held on 08/18/2022, before Judge Cristina D. Silva. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 9:44 a.m. - 1:41 p.m.. Any Redaction Request is due by 10/3/2022. Redacted Transcript Deadline is set for 10/13/2022. Release of the Transcript Restriction is set for 12/11/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM)
August 18, 2022 Opinion or Order Filing 190 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/18/2022 before Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah; Def Counsel: Paul Cassisa, Anita Modak-Truran, Sihomara Graves; Court Reporter: Samantha McNett; Time of Hearing: 9:44 a.m. - 11:34 a.m.; 11:49 a.m. - 1:41 p.m.; Courtroom: 6B; Parties are present in court. The Court makes preliminary remarks. The court heard arguments of counsel regarding video and deposition designations.The Court makes rulings on the record. This hearing will be continued to Monday, 10/17/2022 at 10:00 AM in LV Courtroom 6B before Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
August 17, 2022 Opinion or Order Filing 189 TRANSCRIPT of Proceedings, 180 Motion Hearing, held on 11/08/2021, before Judge Andrew P. Gordon. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 9/7/2022. Redacted Transcript Deadline is set for 9/17/2022. Release of the Transcript Restriction is set for 11/15/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC)
June 23, 2022 Opinion or Order Filing 188 MINUTE ORDER IN CHAMBERS of the Honorable District Judge Cristina D. Silva on 6/23/2022. Hearing on objections is set for 8/18/2022 at 09:30 AM in LV Courtroom 6B before District Judge Cristina D. Silva. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
June 21, 2022 Opinion or Order Filing 187 MINUTES OF PROCEEDINGS - Status Conference held on 6/21/2022 before District Judge Cristina D. Silva. Crtrm Administrator: D. Saavedra; Pla Counsel: Matthew Vannah; Def Counsel: Robert McCoy, Anita Modak-Truran; Court Reporter: Samantha McNett; Time of Hearing: 9:36 a.m. - 9:53 a.m.; Courtroom: 6B; Parties are present. The Court made preliminary remarks and heard representations of counsel. As stated on the record the proposed joint pretrial order #169 is denied without prejudice. Further, the Court denies as moot motion for a protective order prohibiting the use of evidence sought through public records request #181 . The Courtroom Administrator will contact parties to set a hearing for objections. (no image attached) (Copies have been distributed pursuant to the NEF - DXS)
June 15, 2022 Opinion or Order Filing 186 SUPPLEMENT to #169 Proposed Joint Pretrial Order with Revised Deposition Designations by Plaintiffs Barbara Heinrich, Gregory Heinrich (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Revised Designations and Objections for Witness Testimony Not Addressed by the Court at the November 8, 2021 Hearing, #3 Exhibit 2: Transcript Testimony Corresponding to the Objected Testimony in Exhibit 1) (Vannah, Matthew)
June 2, 2022 Opinion or Order Filing 185 MINUTE ORDER IN CHAMBERS of the Honorable District Judge Cristina D. Silva on 6/2/2022. In light of the reassignment, a status check is scheduled on June 21, 2022 at 9:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. Parties should be prepared to address the #169 Proposed Joint Pretrial Order filed September 16, 2021. (Copies have been distributed pursuant to the NEF - JLB)
April 14, 2022 Opinion or Order Filing 184 CLERK'S NOTICE that in order to create a caseload for U.S. District Judge Cristina D. Silva, this case is reassigned to Judge Cristina D. Silva for all further proceedings. All further documents must bear the correct case number 2:20-cv-00166-CDS-VCF. (no image attached) (ABG)
March 10, 2022 Opinion or Order Filing 183 REPLY to Response to #181 Motion, by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
March 3, 2022 Opinion or Order Filing 182 RESPONSE to #181 Motion, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 3/10/2022. (Vannah, Matthew)
February 22, 2022 Opinion or Order Filing 181 MOTION for a Protective Order Prohibiting the Use of Evidence Sought Through Public Records Request to Dr. Flynn's Employer by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 3/8/2022. (Attachments: #1 Exhibit 1 - CORA Request, #2 Exhibit 2 - Dr. Flynn Presentation (Poster 121), #3 Exhibit 3 - Email String re CORA request) (McCoy, Robert)
November 8, 2021 Opinion or Order Filing 180 MINUTES OF PROCEEDINGS - Video Motion Hearing held on 11/8/2021 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Matthew Vannah and Robert Vannah; Def Counsel: Robert McCoy, Anita Modak-Truran, and Sihomara Graves; Court Reporter: Paige Christian; Time of Hearing: 9:00 a.m. - 10:05 a.m.; 10:23 a.m. - 12:20 p.m.; Courtroom: 6C; The court heard arguments of counsel regarding video and deposition designations. As stated on the record, the parties will discuss the remaining deposition designations and attempt to reach additional agreements. The parties will then file a revised list of designations and contact the courtroom administrator, Melissa Johansen, to schedule a hearing to finalize the objections. The minutes of this proceeding and the transcript will serve as the court's official ruling. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
November 1, 2021 Opinion or Order Filing 179 ORDER Denying #165 Motion to Certify Question of Law to the Nevada Supreme Court. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 178 ORDER Denying without prejudice #138 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 177 ORDER Granting in part and Denying in part #137 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC) (Main Document 177 replaced on 11/1/2021) (JQC).
November 1, 2021 Opinion or Order Filing 176 ORDER Granting in part and Denying in part #135 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 175 ORDER Granting in part and Denying in part #134 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 174 ORDER Granting in part and Denying in part #133 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 173 ORDER Granting in part and Denying in part #132 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 172 ORDER Granting in part and Denying in part #131 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 171 ORDER Granting in part and Denying in part #130 Motion in Limine. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
November 1, 2021 Opinion or Order Filing 170 ORDER. IT IS ORDERED that #129 the defendants motion in limine No. 1 is GRANTED in part. IT IS FURTHER ORDERED that #146 the plaintiffs motion to amend is DENIED. Signed by Judge Andrew P. Gordon on 11/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
September 16, 2021 Opinion or Order Filing 169 Proposed Joint Pretrial Order by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit D, #6 Exhibit E) (McCoy, Robert)
August 23, 2021 Opinion or Order Filing 168 REPLY to Response to #165 Motion by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Vannah, Matthew)
August 16, 2021 Opinion or Order Filing 167 RESPONSE to #165 Motion by Defendants Ethicon, Inc, Johnson & Johnson. Replies due by 8/23/2021. (McCoy, Robert)
August 4, 2021 Opinion or Order Filing 166 MINUTES OF PROCEEDINGS - Video Status Conference held on 8/4/2021 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Matthew Vannah; Def Counsel: Anita Modak-Truran and Sihomara Graves; Court Reporter: Paige Christian; Recording start and end times: 9:34 a.m. - 10:00 a.m.; Courtroom: 6C; The court heard representations of counsel pertaining to their proposed joint pretrial order. As stated on the record, the proposed joint pretrial order is due no later than September 16, 2021. Hearing on video and deposition designations scheduled for November 8, 2021, at 9:00 a.m. (PDT) by videoconference. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
August 2, 2021 Opinion or Order Filing 165 MOTION to Certify Question of Law to the Nevada Supreme Court by Plaintiffs Barbara Heinrich, Gregory Heinrich. Responses due by 8/16/2021. (Vannah, Matthew)
August 2, 2021 Opinion or Order Filing 164 ORDER Granting #136 Motion in Limine. Signed by Judge Andrew P. Gordon on 8/2/2021. (Copies have been distributed pursuant to the NEF - JQC)
July 28, 2021 Opinion or Order Filing 163 ORDER. I will conduct a videoconference with the parties on Wednesday, 8/4/2021 at 9:30 a.m. PDT. Signed by Judge Andrew P. Gordon on 7/28/2021. (Copies have been distributed pursuant to the NEF - JQC)
July 6, 2021 Opinion or Order Filing 162 TRANSCRIPT of Proceedings, 139 Daubert Hearing, held on 04/30/2021, before Judge Andrew P. Gordon. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 7/27/2021. Redacted Transcript Deadline is set for 8/6/2021. Release of the Transcript Restriction is set for 10/4/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC)
June 24, 2021 Opinion or Order Filing 161 PARTIAL TRANSCRIPT of Proceedings, 139 Daubert Hearing, Testimony of Brian Flynn, held on 04/30/21, before Judge Andrew P. Gordon. Court Reporter: Paige Christian, Paige_Christian@nvd.uscourts.gov. Any Redaction Request is due by 7/15/2021. Redacted Transcript Deadline is set for 7/25/2021. Release of the Transcript Restriction is set for 9/22/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PMC)
June 15, 2021 Opinion or Order Filing 160 ORDER. IT IS ORDERED that #117 the plaintiffs motion to exclude the opinions of Timothy Ulatowski is GRANTED. Signed by Judge Andrew P. Gordon on 6/15/2021.(Copies have been distributed pursuant to the NEF - JQC)
June 14, 2021 Opinion or Order Filing 159 REPLY to Response to #146 Counter Motion to Amend, by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: March 19, 2010 Email from Dan Smith, ETH.MESH.01216820-ETH.MESH.01216822, #3 Exhibit 2: January 2010, Ethicon Women's Health and Urology Brand Equity Study, Final Report, ETH.MESH.03643186) (Vannah, Matthew)
June 7, 2021 Opinion or Order Filing 158 RESPONSE to #146 Counter Motion to Amend, by Defendants Ethicon, Inc, Johnson & Johnson. Replies due by 6/14/2021. (Attachments: #1 Exhibit Ex 1 - Fuller Text Order, #2 Exhibit Ex 2 - Barbara Heinrich Deposition) (McCoy, Robert)
June 4, 2021 Opinion or Order Filing 157 ORDER granting in part and denying in part #102 Motion to Exclude Certain Opinions. Signed by Judge Andrew P. Gordon on 6/4/2021. (Copies have been distributed pursuant to the NEF - JQC)
June 4, 2021 Opinion or Order Filing 156 ORDER Granting in part and denying in part #101 Motion to Exclude Certain Opinions. Signed by Judge Andrew P. Gordon on 6/4/2021. (Copies have been distributed pursuant to the NEF - JQC)
May 24, 2021 Opinion or Order Filing 155 RESPONSE to #135 Motion in Limine,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Transcript of Daubert Hearing of Brian Flynn, #3 Exhibit 2: ETH.MESH.00642325-ETH.MESH.00642331, #4 Exhibit 3: Deposition of Vincent Lucente, #5 Exhibit 4: ETH.MESH.02105223, #6 Exhibit 5: ETH.MESH.03845446-ETH.MESH.03845449, #7 Exhibit 6: ETH.MESH.02916609, #8 Exhibit 7: ETH.MESH.02916610, #9 Exhibit 8: ETH.MESH.02916611, #10 Exhibit 9: ETH.MESH.00311792-ETH.MESH.00311793, #11 Exhibit 10: ETH.MESH.00845196, #12 Exhibit 11: ETH.MESH.00642328, #13 Exhibit 12: Exhibit 13 to the Deposition of Thomas Storozuk, #14 Exhibit 13: Exhibit 19 to the Deposition of Thomas Storozuk) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 154 RESPONSE to #138 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Exhibit 11 to the Deposition of Geoffrey Hsieh, #3 Exhibit 2: Exhibit 12 to the Deposition of Geoffrey Hsieh) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 153 RESPONSE to #137 Motion in Limine by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: DFS-HEINRICH.BARBARA-0182, #3 Exhibit 2: ETH.MESH.14980929-14980935, #4 Exhibit 3: ETH.MESH.14980936-14980937, #5 Exhibit 4: ETH.MESH.14980938-14980939, #6 Exhibit 5: ETH.MESH.19553109, #7 Exhibit 6: ETH.MESH.19553110-19443112) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 152 RESPONSE to #136 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 151 RESPONSE to #134 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: ETH.MESH.03643186) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 150 RESPONSE to #133 Motion in Limine,,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: March 17, 2011 Surgical Form with Sticker, #3 Exhibit 2: Deposition of Ja-Hong Kim, M.D., #4 Exhibit 3: Exhibit 25 to Deposition of Geoffrey Hsieh, #5 Exhibit 4: Deposition of Barbara Heinrich, #6 Exhibit 5: Exhibit 4 to the Deposition of Geoffrey Hsieh, #7 Exhibit 6: Complications of Transvaginal Mesh Placed for Pelvic Organ Prolapse and Stress Urinary Incontinence, February 6, 2016, #8 Exhibit 7: ETH.MESH.114830000-114830001) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 149 RESPONSE to #132 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 148 RESPONSE to #131 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Deposition of Geoffrey Hsieh, #3 Exhibit 2: Exhibit 8 to the Deposition of Geoffrey Hsieh, #4 Exhibit 3: Exhibit 9 to the Deposition of Geoffrey Hsieh) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 147 RESPONSE to #130 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/31/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit 1: Deposition of Brian Flynn, #3 Exhibit 2: Exhibit 37 to the Deposition of Brian Flynn, #4 Exhibit 3: Exhibit 38 to the Deposition of Brian Flynn, #5 Exhibit 4: Exhibit 39 to the Deposition of Brian Flynn, #6 Exhibit 5: Exhibit 40 to the Deposition of Brian Flynn, #7 Exhibit 6: Exhibit 41 to the Deposition for Brian Flynn, #8 Exhibit 7: Transcript of Daubert Hearing of Brian Flynn, #9 Exhibit 8: April 26, 2017, Morning Session, Trial Transcript, Engleman v Ethicon, #10 Exhibit 9: Short Form Complaint for DeeAnne Silva, #11 Exhibit 10: Short Form Complaint for Patricia Clark, #12 Exhibit 11: Short Form Complaint for Artansa Thomas, #13 Exhibit 12: Short Form Complaint for Margaret Hiscock, #14 Exhibit 13: Short Form Complaint for Paula Bowman, #15 Exhibit 14: Short Form Complaint for Alice Williams, #16 Exhibit 15: Short Form Complaint for Alflita Smith, #17 Exhibit 16: Short Form Complaint for Elena Guerra, #18 Exhibit 17: Short Form Complaint for Maria Garcia, #19 Exhibit 18: Short Form Complaint for Karen Watts, #20 Exhibit 19: Short Form Complaint for Teri Vail, #21 Exhibit 20: Short Form Complaint for Susan Henderson) (Vannah, Matthew)
May 24, 2021 Opinion or Order Filing 146 Counter MOTION to Amend Complaint re #145 Response, #129 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Responses due by 6/7/2021. (Attachments: #1 Index Index of Exhibits, #2 Exhibit 1: Order Granting in Part the Defendants' Motion for Partial Summary Judgment, Young v Ethicon, 2:20-cv-02018-APG-VCF, #3 Exhibit 2: Proposed 2nd Amended Short Form Complaint, #4 Exhibit 3: Exhibit 13 to Thomas Storozuk's May 13, 2018 Deposition, #5 Exhibit 4: Exhibit 19 to Thomas Storozuk's May 13, 2018 Deposition) (Vannah, Matthew)
May 21, 2021 Opinion or Order Filing 145 RESPONSE to #129 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 5/28/2021. (Attachments: #1 Index Index of Exhibits, #2 Exhibit Exhibit 1: Order Granting in Part the Defendants' Motion for Partial Summary Judgment, Young v Ethicon, 2:20-cv-02018-APG-VCF, #3 Exhibit Exhibit 2: Proposed 2nd Amended Short Form Complaint, #4 Exhibit Exhibit 3: Exhibit 13 to Thomas Storozuk's May 13, 2018 Deposition, #5 Exhibit Exhibit 4: Exhibit 19 to Thomas Storozuk's May 13, 2018 Deposition) (Vannah, Matthew)
May 19, 2021 Opinion or Order Filing 144 ORDER Granting #143 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Paul V. Cassisa, Jr for Ethicon, Inc,Paul V. Cassisa, Jr for Johnson & Johnson and approving Designation of Local Counsel Robert R. McCoy. Signed by Judge Andrew P. Gordon on 5/19/2021. 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 - JQC)
May 18, 2021 Opinion or Order Filing 143 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Paul V. Cassisa, Jr. and DESIGNATION of Local Counsel Robert R. McCoy (Filing fee $ 250 receipt number 0978-6491231) by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit Ex A - Certificate of Good Standing from Mississippi, #2 Exhibit Ex B - Certificate of Good Standing from Louisiana) (McCoy, Robert)
May 17, 2021 Opinion or Order Filing 142 ORDER Granting #141 Stipulation for Extension of Time Re: #129 , #130 , #131 , #132 , #133 , #134 , #135 , #136 , #137 , and #138 Motion in Limine. Responses due by 5/24/2021. Signed by Judge Andrew P. Gordon on 5/17/2021. (Copies have been distributed pursuant to the NEF - JQC)
May 14, 2021 Opinion or Order Filing 141 First STIPULATION FOR EXTENSION OF TIME (First Request) re #131 Motion in Limine, #133 Motion in Limine,,, #129 Motion in Limine, #132 Motion in Limine, #130 Motion in Limine, #135 Motion in Limine,, #134 Motion in Limine, #137 Motion in Limine, #136 Motion in Limine, #138 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Vannah, Matthew)
May 10, 2021 Opinion or Order Filing 140 ORDER. IT IS ORDERED that #51 , #52 , #72 -7/ #72 -8 the plaintiffs motions to exclude certain of Dr. Flynns opinions and testimony are DENIED. Signed by Judge Andrew P. Gordon on 5/10/2021. (Copies have been distributed pursuant to the NEF - JQC) (Main Document 140 replaced on 5/10/2021) (JQC).
May 3, 2021 Opinion or Order Filing 138 MOTION in Limine No. 10 to Exclude Evidence About Complications Not Alleged by Plaintiffs by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Kim Report, #2 Exhibit Ex. 2 - Edwards Transcript, #3 Exhibit Ex. 3 - Bellew Transcript, #4 Exhibit Ex. 4 - Perry Transcript)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 137 MOTION in Limine No. 9 to Exclude Medical Device Reports and Other Anecdotal Case Reports by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (McCoy, Robert)
May 3, 2021 Opinion or Order Filing 136 MOTION in Limine No. 8 to Exclude Evidence about the Recall of Boston Scientifics Protegen Device by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - TVT 510(k))(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 135 MOTION in Limine No. 7 to Exclude Evidence or Argument Regarding Foreign Evidence and Regulatory Issues by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Maree Depo, #2 Exhibit Ex. 2 - Yale to Brennan Email Chain, #3 Exhibit Ex. 3 - Mahmoud Depo, #4 Exhibit Ex. 4 - Arnaud Depo, #5 Exhibit Ex. 5 - Gross Hearing, #6 Exhibit Ex. 6 - Marketing PowerPoint, #7 Exhibit Ex. 7 - Australia Meeting Summary, #8 Exhibit Ex. 8 - Sept 18, 2007 Email, #9 Exhibit Ex. 9 - Oct 29, 2007 Email)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 134 MOTION in Limine No. 6 to Exclude Evidence of FDA Regulatory Actions and Other Regulatory Issues by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Lyles v. McNeil Order, #2 Exhibit Ex. 2 - TVT-S 522 Order, #3 Exhibit Ex. 3 - Proposed PMA Order, #4 Exhibit Ex. 4 - Proposed Reclassification Order)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 133 MOTION in Limine No. 5 to Exclude Irrelevant and Unfairly Prejudicial Company Documents and Emails by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Weisberg Email, #2 Exhibit Ex. 2 - Dan Smith Email, #3 Exhibit Ex. 3 - Sodomy Email, #4 Exhibit Ex. 4 - Bellew Pretrial Hearing, #5 Exhibit Ex. 5 - Dunfee Trial Transcript, #6 Exhibit Ex. 6 - Eberhard Letter, #7 Exhibit Ex. 7 - Carlino Trial Transcript, #8 Exhibit Ex. 8 - Arnaud Email Chain, #9 Exhibit Ex. 9 - Chen and Gadaleta Email, #10 Exhibit Ex. 10 - Chen and Lisa Emails, #11 Exhibit Ex. 11 - Top Ten Reasons, #12 Exhibit Ex. 12 - Luscombe Depo, #13 Exhibit Ex. 13 - Dan Smith Depo, #14 Exhibit Ex. 14 - PA Consulting Report, #15 Exhibit Ex. 15 - Medscand Agreement, #16 Exhibit Ex. 16 - Arnaud Depo)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 132 MOTION in Limine No. 4 to Limit In-Court Demonstrations with Exemplar Mesh by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Huskey Trial Transcript)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 131 MOTION in Limine No. 3 to Exclude Evidence or Argument Related to the Decommercialization of TVT-Secur or Other Devices by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Decommercialization Letter, #2 Exhibit Ex. 2 - Cisson Trial Transcript, #3 Exhibit Ex. 3 - Gross Hearing)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 130 MOTION in Limine No. 2 to Exclude Other Lawsuits and Claims by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - Cavness v. Kowalczyk Hearing, #2 Exhibit Ex. 2 - Wicker v. Ethicon Hearing, #3 Exhibit Ex. 3 - Batiste v. McNabb Hearing, #4 Exhibit Ex. 4 - Kieffaber Order)(McCoy, Robert)
May 3, 2021 Opinion or Order Filing 129 MOTION in Limine No. 1 to Exclude Evidence Related to Tolling the Limitations Period by Defendants Ethicon LLC, Ethicon, Inc, Johnson & Johnson.. Responses due by 5/17/2021. (Attachments: #1 Exhibit Ex. 1 - PTO 15, #2 Exhibit Ex. 2 - Motion Hearing)(McCoy, Robert)
April 30, 2021 Opinion or Order Filing 139 MINUTES OF PROCEEDINGS - Video Daubert Hearing held on 4/30/2021 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Matthew Vannah; Def Counsel: Anita Modak-Truran and Robert McCoy; Court Reporter: Paige Christian; Time of Hearing: 9:11 a.m. - 11:58 a.m.; Courtroom: 6C; The court makes preliminary remarks. Opening statement made by Ms. Modak-Truran. Brian Flynn is called to the stand. The witness is sworn and testifies on direct examination. The court recessed from 10:31 a.m. until 10:47 a.m. Brian Flynn resumes the witness stand. Cross-examination commences. The witness is excused. This matter is taken under advisement. The court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
April 15, 2021 Opinion or Order Filing 128 ORDER Granting #103 Motion to Bifurcate Trial. See Order for Details. IT IS FURTHER ORDERED that, as of now, the deadlines in the #109 Scheduling Order still apply. However, the parties will submit two Proposed Joint Pretrial Orders, one for each trial. Signed by Judge Andrew P. Gordon on 4/15/2021. (Copies have been distributed pursuant to the NEF - JQC)
April 13, 2021 Opinion or Order Filing 127 MINUTES OF PROCEEDINGS - Video Motion Hearing held on 4/13/2021 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Matthew Vannah; Def Counsel: Robert McCoy and Anita Modak-Truran; Court Reporter: Paige Christian; Time of Hearing: 9:00 a.m. - 9:42 a.m.; Courtroom: 6C; The court heard arguments of counsel regarding the defendants' motion to bifurcate trial of the statute of limitations defense ECF No. #103 . As stated on the record, the motion is taken under advisement. The court will issue a written order. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
April 7, 2021 Opinion or Order Filing 126 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 4/7/2021. By Deputy Clerk: M. Johansen. Judge Gordon will conduct a hearing on the defendants' motion to bifurcate trial of the statute of limitations defense ECF No. #103 on 4/13/2021 at 09:00 AM in LV Courtroom 6C by videoconference. Each side is limited to 10 minutes of argument. The courtroom administrator will provide counsel with the link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov.Members of the public seeking to have access to this hearing must, before the day of the hearing, contact the courtroom administrator by email.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.Please note: All participants are held in a videoconference waiting room until the court proceeding begins. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) Modified to link motion on 4/7/2021 (MAJ).
April 1, 2021 Opinion or Order Filing 125 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 4/1/2021. By Deputy Clerk: M. Johansen. Due to a scheduling conflict, the April 9th Daubert Hearing is vacated and continued to April 30, 2021, at 09:00 AM by videoconference before Judge Andrew P. Gordon. The courtroom administrator will provide counsel with the link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov.Members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the courtroom administrator by email.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.Please note: All participants are held in a videoconference waiting room until the court proceeding begins.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
March 25, 2021 Opinion or Order Filing 124 REPLY to Response to #117 Motion in Limine, by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Attachments: #1 Index Index of Exhibits, #2 Exhibit November 28, 2005 K052401 510(k) Summary for Gynecare TVT Secur System, #3 Exhibit January 28, 1998 K974098 510(k) Summary for Tension Free Vaginal Tape (TVT) System, #4 Exhibit December 8, 2003 K033568 510(k) Summary for Gynecare TVT Obturator device, #5 Exhibit November 15, 1996 K963226 510(k) Summary for Boston Scientific Protegen Sling, #6 Exhibit FDA, The 510(k) Program: Evaluating Substantial Equivalence in Premarket Notifications [510(k)]: Guidance for Industry and Food and Drug Administration Staff, #7 Exhibit June 18, 2003 K023898 510(k) Summary for Gyne Ideas Minitape RP, #8 Exhibit TVT Secur 510(k) Notification - Part 1, #9 Exhibit TVT Secur 510(k) Notification - Part 2, #10 Exhibit ETH.MESH.00311792-ETH.MESH.00311794, ETH.MESH.00311791-792, November 12, 2007 email to Ann Cappalis from Aran Maree) (Vannah, Matthew)
March 18, 2021 Opinion or Order Filing 123 RESPONSE to #117 Motion in Limine, by Defendants Ethicon, Inc, Johnson & Johnson. Replies due by 3/25/2021. (Attachments: #1 Exhibit Ex. 1 - FDA Guidance, #2 Exhibit Ex. 2 - Draft Guidance, #3 Exhibit Ex. 3 - 510(k) Working Group Preliminary Report and Recommendations, #4 Exhibit Ex. 4 - FDA Has Taken Steps to Strengthen the 510(k) Program, #5 Exhibit Ex. 5 - Premarket Notification 510(k) FDA, #6 Exhibit Ex. 6 - Ulatowski Aug 2013 Depo Excerpts, #7 Exhibit Ex. 7 - Ulatowski Nov 2012 Depo Excerpts) (McCoy, Robert)
March 18, 2021 Opinion or Order Filing 122 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 3/18/2021. By Deputy Clerk: M. Johansen.On April 9, 2021 at 9:00 a.m., Judge Gordon will conduct a Daubert hearing by videoconference. The courtroom administrator will provide counsel with the link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov.Members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the courtroom administrator by email.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.Please note: All participants are held in a videoconference waiting room until the court proceeding begins.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
March 15, 2021 Opinion or Order Filing 121 SUPPLEMENT to #51 Motion, to Exclude the Opinions of Brian J Flynn by Plaintiffs Barbara Heinrich, Gregory Heinrich (Attachments: #1 Index Index of Exhibits, #2 Exhibit Exhibit 1: March 24, 2016 Deposition of Brian Flynn, M.D., Lehman v Ethicon, #3 Exhibit Exhibit 2: Exhibit 11 to March 24, 2016 Deposition of Brian Flynn, M.D., Lehman v Ethicon, #4 Exhibit Exhibit 3: MDL ECF No. 6799, October 15, 2018 Notice of Adoption of Prior Daubert Response Regarding Brian J. Flynn, M.D., #5 Exhibit Exhibit 4: MDL ECF No. 2854, Plaintiffs Motion to Exclude the General Causation Opinions of Brian J. Flynn, M.D. (Wave 3), #6 Exhibit Exhibit 5: MDL ECF No. 2855, Memorandum in Support of Plaintiffs Motion to Exclude the General Causation Opinions of Brian J. Flynn, M.D. (Wave 3), #7 Exhibit Exhibit 6: MDL ECF No. 3048, October 21, 2016 Reply Memorandum in Support of Plaintiffs Motion to Exclude the General Causation Opinions of Brian J. Flynn, M.D., #8 Exhibit Exhibit 7: MDL ECF No. 6987, October 24, 2018, Notice of Adoption of Prior Daubert Response Regarding Brian J. Flynn, M.D. for Wave 8, #9 Exhibit Exhibit 8: MDL ECF No. 2913, October 10, 2016 Defendants Response in Opposition to Plaintiffs Motion to Exclude General Opinions of Brian J. Flynn, M.D., #10 Exhibit Exhibit 9: MDL ECF No. 7094, October 29, 2018 Notice of Adoption of Prior Daubert Reply of Brian J. Flynn, M.D., for Wave 8, #11 Exhibit Exhibit 10: MDL ECF No. 2131, Memorandum in Support of Plaintiffs Motion to Exclude the General Causation Opinions of Brian J. Flynn, M.D. (Wave 1), #12 Exhibit Exhibit 11: October 1, 2008 Urology Times Tension-free vaginal tape sling: Outcomes depend on technique, (Exhibit 12 to October 4, 2018 Deposition of Brian Flynn, M.D.), #13 Exhibit Exhibit 12: AUA 2008 Abstract 1566: Unfavorable Immediate Outcome of the TVT SECUR Sling in Twenty Consecutive Women with SUI, Fabio Baracat, #14 Exhibit Exhibit 13: Efficacy and Complications of TVT-Secur in the Management of Stress Urinary Incontinence, Terlecki, Pshak, and Flynn (2009)) (Vannah, Matthew)
March 12, 2021 Opinion or Order Filing 120 ORDER Granting #119 Stipulation for Extension of Time Re: #117 Motion in Limine. Responses due by 3/18/2021. Signed by Judge Andrew P. Gordon on 3/12/2021. (Copies have been distributed pursuant to the NEF - JQC)
March 11, 2021 Opinion or Order Filing 119 First STIPULATION FOR EXTENSION OF TIME (First Request) to Oppose Plaintiff's Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowsky re #117 Motion in Limine, by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
March 1, 2021 Opinion or Order Filing 118 SUPPLEMENTAL BRIEF in Opposition per #109 Order RESPONSE to #51 Motion, by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit Ex 1 - Dr. Flynn Expert Report - TVT Secur, #2 Exhibit Ex 2 - Dr. Flynn Expert Report - Heinrich, #3 Exhibit Ex 3 - Dr. Flynn Supplemental Expert Report - Heinrich, #4 Exhibit Ex 4 - Plaintiff's Wave 1 Brief, #5 Exhibit Ex 5 - Plaintiff's Wave 3 Brief, #6 Exhibit Ex 6 - Order Adopting Wave 3 - Dr. Flynn, #7 Exhibit Ex 7 - Dr. Flynn Deposition Excerpts (Mar 2016), #8 Exhibit Ex 8 - Dr. Flynn Reliance List, #9 Exhibit Ex 9 - Dr. Flynn Deposition Excerpts (Oct 2018), #10 Exhibit Ex 10 - Dr. Flynn TVT Secur Addendum 2018, #11 Exhibit Ex 11 - Dr. Flynn Updated Reliance Materials 2018, #12 Exhibit Ex 12 - Dr. Flynn Deposition Excerpts (April 2016), #13 Exhibit Ex 13 - Dr. Elliott Deposition Excerpts (Sept 2015), #14 Exhibit Ex 14 - Dr. Rosenzweig Deposition Excerpts (Mar 2014)) (McCoy, Robert) Modified on 3/1/2021 (MMM).
February 25, 2021 Opinion or Order Filing 117 MOTION in Limine Plaintiff's Daubert Motion to Exclude the Opinions of FDA Expert Timothy Ulatowski by Plaintiffs Barbara Heinrich, Gregory Heinrich.. Responses due by 3/11/2021. (Attachments: #1 Index Index of Exhibits, #2 Exhibit August 25, 2015 Memorandum Opinion and Order re: Timothy Ulatowski, #3 Exhibit Defendant Ethicon's Expert Report of Timothy Ulatowski, #4 Exhibit December 17, 2013 Deposition of Timothy Ulatowski)(Vannah, Matthew)
February 16, 2021 Opinion or Order Filing 116 REPLY to Response to #103 Motion to Bifurcate Trial,, by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
February 11, 2021 Opinion or Order Filing 115 CLERK'S NOTICE of violation of Local Rules. ECF No. #114 was not filed pursuant to LR IA 10-3(d). An index of exhibits was not provided.Attorney Michael Vannah is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
February 10, 2021 Opinion or Order Filing 114 RESPONSE to #103 Motion to Bifurcate Trial,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 2/17/2021. (Attachments: #1 Exhibit January 17, 2008 Informed Consent for Surgery, #2 Exhibit St Rose Hospital Medical Record March 11, 2008, #3 Exhibit Spring Valley Hospital Operative Report, #4 Exhibit Women's Cancer Center of Nevada HEINRICHB_WOMCC_MDCR00004, #5 Exhibit Women's Cancer Center of Nevada HEINRICHB_WOMCC_MDCR00002-3, #6 Exhibit Exhibit 13 to September 19, 2018 Deposition of Thomas Storozuk, #7 Exhibit ETH.MESH.01000726-ETH.MESH.01000730, #8 Exhibit ETH.MESH.01784428-ETH.MESH.01784435, #9 Exhibit ETH.MESH.02105223, #10 Exhibit ETH.MESH.00157010-ETH.MESH.00157015, #11 Exhibit Tension-free vaginal tape sling: Outcomes depend on technique, #12 Exhibit Exhibit 2 to September 19, 2018 Deposition of Thomas Storozuk, #13 Exhibit Exhibit 21 to May 30, 2018 Deposition of Geoffrey C. Hsieh, M.D., #14 Exhibit May 30, 2018 Deposition of Geoffrey C. Hsieh, M.D., #15 Exhibit September 19, 2018 Deposition of Thomas Storozuk, #16 Exhibit Defendants' Fact Sheet, #17 Exhibit Exhibit 25 to May 30, 2018 Deposition of Geoffrey C. Hsieh, M.D., #18 Exhibit September 26, 2012 Amended Master Long Form Complaint and Jury Demand, #19 Exhibit ETH.MESH.04005095-ETH.MESH.04005096, #20 Exhibit ETH.MESH.03845446, #21 Exhibit July 22, 2013 Deposition of Aran Maree, M.D., #22 Exhibit ETH.MESH.00326842-ETH.MESH.00326846, #23 Exhibit ETH.MESH.05404976, #24 Exhibit ETH.MESH.04127331, #25 Exhibit Exhibit 4 to May 30, 2018 Deposition of Geoffrey C. Hsieh, M.D., #26 Exhibit Exhibit 8 to May 30, 2018 Deposition of Geoffrey C. Hsieh, M.D., #27 Exhibit October 4, 2018 Deposition of Brian J. Flynn, M.D., #28 Exhibit August 12, 2018 Case Specific Report of Brian J. Flynn, M.D., #29 Exhibit ETH.MESH.04543027-ETH.MESH.04543030, #30 Exhibit HEINRICHB_DIAGCM_MDCR00017-18, #31 Exhibit August 3, 2012 Crumley Roberts Fee Agreement, #32 Exhibit July 8, 2013 Petition, #33 Exhibit ETH.MESH.01217673, #34 Exhibit ETH.MESH.02248848, #35 Exhibit ETH.MESH.01379975-ETH.MESH.01279976, #36 Exhibit ETH.MESH.00134795, #37 Exhibit ETH.MESH.03643186) (Vannah, Matthew)
February 5, 2021 Opinion or Order Filing 113 REPLY to Response to #102 Motion,, by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
February 5, 2021 Opinion or Order Filing 112 REPLY to Response to #101 Motion,, by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
February 1, 2021 Opinion or Order Filing 111 MINUTES OF PROCEEDINGS - Video Status Conference held on 2/1/2021 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Matthew Vannah; Def Counsel: Anita Modak-Truran and Robert McCoy; Court Reporter: Heather Newman; Time of Hearing: 9:06 a.m. - 9:50 a.m.; Courtroom: 6C; A discussion is held regarding pending motions, scheduling, and jury trial procedures. As stated on the record, the court will issue a written scheduling order. The transcript will serve as the Court's official record.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
February 1, 2021 Opinion or Order Filing 110 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (JQC)
February 1, 2021 Opinion or Order Filing 109 SCHEDULING ORDER. Proposed Joint Pretrial Order due by 8/2/2021. Signed by Judge Andrew P. Gordon on 2/1/2021. (Copies have been distributed pursuant to the NEF - JQC)
February 1, 2021 Opinion or Order Filing 108 EXHIBIT 19, Expert Report of Bruce Rosenzweig, M.D. to #107 Response to #101 Motion to Exclude by Plaintiffs Barbara Heinrich, Gregory Heinrich. (Vannah, Matthew) Modified text on 2/1/2021 (EDS).
January 29, 2021 Opinion or Order Filing 107 RESPONSE to #101 Motion,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 2/5/2021. (Attachments: #1 Exhibit Daniel S. Elliott, M.D., Curriculum Vitae, #2 Exhibit Daniel S. Elliott, M.D., Reliance List, #3 Exhibit May 30, 2018 Deposition of Geoffrey C Hsieh, M.D., #4 Exhibit ETH.MESH.00312179, #5 Exhibit ETH.MESH.03845446, #6 Exhibit ETH.MESH.02105223, #7 Exhibit Single-incision sling operations for urinary incontinence in women, #8 Exhibit ETH.MESH.00874445, #9 Exhibit ETH.MESH.00134795, #10 Exhibit ETH.MESH.00324086, #11 Exhibit ETH.MESH.00330141, #12 Exhibit ETH.MESH.03922618, #13 Exhibit ETH.MESH.00642325, #14 Exhibit ETH.MESH.03845446, #15 Exhibit ETH,MESH.01784427, #16 Exhibit ETH.MESH.03752501, #17 Exhibit ETH.MESH.04048515-ETH.MESH.04048520, #18 Exhibit ETH.MESH.00858636, #19 (see ecf #108 ) Exhibit Expert Report of Bruce Rosenzweig, M.D., #20 Exhibit Excerpts to Thomas Storozuk's Deposition, #21 Exhibit Exhibit 19 to Thomas Storozuk's Deposition, #22 Exhibit Exhibit 13 to Thomas Storozuk's Deposition, #23 Exhibit ETH.MESH.01000726-1000730, #24 Exhibit ETH.MESH.00157010-157015) (Vannah, Matthew)
January 29, 2021 Opinion or Order Filing 106 RESPONSE to #102 Motion,, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 2/5/2021. (Attachments: #1 Exhibit Bruce Rosenzweig, M.D. Curriculum Vitae, #2 Exhibit Bruce Rosenzweig, M.D., Reliance List, #3 Exhibit May 30, 2018 Deposition of Geoffrey C Hsieh, M.D., #4 Exhibit ETH.MESH.01809080-ETH.MESH.01809081, #5 Exhibit ETH,MESH.16416002-ETH.MESH.164004, #6 Exhibit 01 UCLA Records 1712, #7 Exhibit 01 UCLA Records 1717-1718, #8 Exhibit Picture of S11-6188 Specimen, #9 Exhibit ETH.MESH.04048515-ETH.MESH.04048520; ETH.MESH.03941617, #10 Exhibit ETH.MESH.01788159, #11 Exhibit July 14, 2017 Deposition of Bruce Rosenzweig, M.D., #12 Exhibit July 15, 2017 Deposition of Bruce Rosenzweig, M.D., #13 Exhibit July 17, 2017 Deposition of Bruce Rosenzweig, M.D., #14 Exhibit Excerpts to Axel Arnuad's Deposition, #15 Exhibit ETH.MESH.01784428-ETH.MESH.01784435, #16 Exhibit Excerpts to Thomas Storozuk's Deposition, #17 Exhibit Exhibit 19 to Thomas Storozuk's Deposition, #18 Exhibit Exhibit 13 to Thomas Storozuk's Deposition, #19 Exhibit December 19, 2005 Email ETH.MESH.01000726-ETH.MESH.01000730, #20 Exhibit Incontinence Platform PowerPoint ETH.MESH.02105223, #21 Exhibit November 1, 2006 Procedural Pearls ETH.MESH.00157010-ETH.MESH.00157015) (Vannah, Matthew)
January 28, 2021 Opinion or Order Filing 105 MINUTES OF PROCEEDINGS - Mediation Conference held on 1/28/2021 before Magistrate Judge Elayna J. Youchah before Mediator Magistrate Judge Elayna J. Youchah. Pla Counsel: Matthew Vannah and Plaintiff Barbara Heinrich; Def Counsel: Anita Modak-Truran and Eric Hudson, Defendant Representative Zane Riester; A mediation was conducted before Magistrate Judge Elayna J. Youchah, commencing at 9:00 a.m. on January 28, 2021. Discussions concluded at 10:50 a.m. No settlement was reached. The parties are invited to contact the Court if at any time in the future they believe further assistance of the Court would be helpful in reaching a resolution. This matter will continue on the litigation track. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
January 28, 2021 Opinion or Order Filing 104 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 1/28/2021. By Deputy Clerk: M. Johansen. A Daubert hearing is scheduled for February 1, 2021, at 09:00 AM in LV Courtroom 6C by videoconference before Judge Andrew P. Gordon. The courtroom administrator will provide counsel with the link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact the courtroom administrator Melissa Johansen at Melissa_Johansen@nvd.uscourts.gov. Members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the courtroom administrator by email to request access to this hearing.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.(no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
January 27, 2021 Opinion or Order Filing 103 MOTION to Bifurcate Trial of the Statute of Limitations Defense by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 2/10/2021. (Attachments: #1 Exhibit Ex. 1 - Transcript of Proceedings, #2 Exhibit Ex. 2 - Amended Plaintiff Fact Sheet, #3 Exhibit Ex. 3 - Progress Note, #4 Exhibit Ex. 4 - Heinrich Transcript, #5 Exhibit Ex. 5 - Eilber Transcript, #6 Exhibit Ex. 6 - Raz Transcript, #7 Exhibit Ex. 7 - 2008 FDA Public Health Notification, #8 Exhibit Ex. 8 - Adams v. Zimmer Order - Doc No 158) (McCoy, Robert) Modified motion type on 1/28/2021 to change from Motion for Misc Relief to Motion to Bifurcate Trial (MMM).
January 15, 2021 Opinion or Order Filing 102 MOTION to Exclude Certain General Opinions of Bruce Rosenzweig, M.D. by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 1/29/2021. (Attachments: #1 Exhibit Ex 1 - Dr Rosenzweig General TVT-S Report, #2 Exhibit Ex 2 - Memorandum and Opinion Order re Rosenzweig (Wave 7), #3 Exhibit Ex 3 - Dr Rosenzweig Deposition Excerpts 09-22-2015, #4 Exhibit Ex 4 - Dr Rosenzweig TVT General Report, #5 Exhibit Ex 5 - Dr Rosenzweig Deposition Excerpts 01-12-2017, #6 Exhibit Ex 6 - Report of Ja-Hong Kim MD, #7 Exhibit Ex 7 - Dr Rosenzweig Deposition Excerpts 12-22-2015, #8 Exhibit Ex 8 - Dr Rosenzweig Deposition Excerpts 02-04-2016) (McCoy, Robert)
January 15, 2021 Opinion or Order Filing 101 MOTION to Exclude Certain Opinions of Daniel Elliott, M.D. by Defendants Ethicon, Inc, Johnson & Johnson.. Responses due by 1/29/2021. (Attachments: #1 Exhibit Ex 1 - Dr Elliott General TVT Secur Report, #2 Exhibit Ex 2 - The MDL Courts Wave 7 Memorandum Opinion, #3 Exhibit Ex 3 - Dr. Elliott Deposition Excerpts 09-26-2015, #4 Exhibit Ex 4 - Dr Elliott General TVT Report, #5 Exhibit Ex 5 - Dr Elliott General TVT O Report, #6 Exhibit Ex 6 - Report of Ja-Hong Kim MD)(McCoy, Robert)
November 30, 2020 Opinion or Order Filing 100 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/30/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro; Pla Counsel: Matthew Vannah; Def Counsel: Robert McCoy, Sihomara Graves, Anita Modak-Truran; Recording start and end times: 11:00 - 11:27 am; Courtroom: 3D; All parties appeared via video conference. The Court makes preliminary remarks and hears representations of counsel. ORDERED that #93 Motion to Compel is GRANTED. Counsel for the defendant's have until January 15, 2021 to complete the depositions. (Copies have been distributed pursuant to the NEF - TR)
November 10, 2020 Opinion or Order Filing 99 ORDER. IT IS ORDERED that a video conference hearing on the #93 Motion to Compel the Depositions of Taylor Berg and Cathy Bursey, is scheduled for 11:00 AM, 11/30/2020. IT IS FURTHER ORDERED that counsel/the parties must email Courtroom Administrator, Tawnee Renfro at Tawnee_Renfro@nvd.uscourts.gov, with an email address to be used for the video conference hearing by noon, 11/25/2020. Signed by Magistrate Judge Cam Ferenbach on 11/10/2020. (Copies have been distributed pursuant to the NEF - JQC)
November 9, 2020 Opinion or Order Filing 98 ORDER setting Early Neutral Evaluation session. The mediation shall be scheduled for 9:00 a.m. on Thursday, 1/28/2021, and shall be conducted via the Zoom video conference platform. Signed by Magistrate Judge Elayna J. Youchah on 11/9/2020. (Copies have been distributed pursuant to the NEF - JQC)
November 9, 2020 Opinion or Order Filing 97 NOTICE: This case has been assigned to Magistrate Judge Elayna J. Youchah who will be the Mediation judge in this case pursuant to #96 Order. (no image attached) (DKJ)
November 9, 2020 Opinion or Order Filing 96 ORDER for Appointment of Mediation Judge - The Clerk is directed to randomly assign one of the other Magistrate Judges to conduct the mediation in this case. Signed by Judge Andrew P. Gordon on 11/9/2020. (Copies have been distributed pursuant to the NEF - LW)
November 5, 2020 Opinion or Order Filing 95 REPLY to Response to #93 Motion to Compel, by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit Ex 2 - Amended Plaintiff Fact Sheet) (McCoy, Robert)
October 29, 2020 Opinion or Order Filing 94 RESPONSE to #93 Motion to Compel, by Plaintiffs Barbara Heinrich, Gregory Heinrich. Replies due by 11/5/2020. (Vannah, Matthew)
October 15, 2020 Opinion or Order Filing 93 MOTION to Compel Depositions by Defendants Ethicon, Inc, Johnson & Johnson. Responses due by 10/29/2020. (Attachments: #1 Exhibit 1) (McCoy, Robert) Modified on 10/15/2020 to change from Motion for Misc Relief to Motion to Compel per LR IC 2-2 (MMM).
June 22, 2020 Opinion or Order Filing 92 ORDER. IT IS ORDERED that #91 the schedule set forth in the parties' status report governs the remainder of this case, subject to revision following the parties mediation, which is anticipated to take place by the end of 2020. I FURTHER ORDER that fact discovery is reopened solely for taking the depositions of Gregory Heinrich, Taylor Berg, Stefan Berg, and Cathy Bursey. Signed by Judge Andrew P. Gordon on 6/22/2020. (Copies have been distributed pursuant to the NEF - JQC) Modified on 6/22/2020 to reflect correct document link (MMM). (Main Document 92 replaced on 6/22/2020 - nef regenerated) (MMM).
June 16, 2020 Opinion or Order Filing 91 Joint STATUS REPORT and Proposed Schedule by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Graves, Sihomara)
April 17, 2020 Opinion or Order Filing 90 ORDER. I ORDER that #53 the plaintiffs' motion for summary judgment is GRANTED in part. The motion is granted as to Ethicon, Inc.'s affirmative defenses of comparative fault, misuse of product, process and service of process, and alternative safer design. I deny the motion in all other respects. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 17, 2020 Opinion or Order Filing 89 ORDER. I ORDER that #47 the defendants' motion to exclude the testimony of Ja-Hong Kim is DENIED. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 17, 2020 Opinion or Order Filing 88 ORDER. I ORDER that #48 the defendants' motion to exclude the testimony of Vladimir Iakovlev is GRANTED in part. Dr. Iakovlev's opinion regarding a continued risk of pain or urinary symptoms is excluded. The motion is Denied regarding Iakovlev's differential diagnosis opinion. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 17, 2020 Opinion or Order Filing 87 ORDER. I ORDER that #51 the plaintiffs' motion to exclude the testimony of Brian Flynn is GRANTED in part. Dr. Flynn's opinion regarding the cause of Barbara Heinrichs central sensitization is excluded. The motion is denied in all other respects. I FURTHER ORDER the parties to confer about the scheduling of a Daubert hearing for Dr. Flynn as set forth above, and to include their proposal in the schedule they prepare in response to my other order directing the preparation of a schedule for the remainder of the case. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 17, 2020 Opinion or Order Filing 86 ORDER. I ORDER that #49 the defendants' motion for summary judgment is GRANTED in part. The motion is granted as to counts 2, 4, 6, 7, 8, 9, 11, 12, 13, and 15. The motion is denied as to count 3. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 17, 2020 Opinion or Order Filing 85 ORDER Adopting MDL Court's Orders Regarding Experts and Directing the Parties to Meet and Confer and Prepare Proposed Schedule for the Case. Signed by Judge Andrew P. Gordon on 4/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
April 7, 2020 Opinion or Order Filing 84 ORDER. I THEREFORE ORDER that the joint motion to dismiss is GRANTED. Signed by Judge Andrew P. Gordon on 4/7/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 18, 2020 Opinion or Order Filing 83 ORDER Granting #82 Verified Petition for Permission to Practice Pro Hac Vice Anita Modak-Truran and approving Designation of Local Counsel Robert R. McCoy. Signed by Judge Andrew P. Gordon on 3/18/2020. 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 - JQC)
March 17, 2020 Opinion or Order Filing 82 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Anita Modak-Truran and DESIGNATION of Local Counsel Robert R. McCoy (Filing fee $ 250 receipt number 0978-5930594) by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit Ex A - Certificate of Good Standing for Anita Modak-Truran) (McCoy, Robert)
March 12, 2020 Opinion or Order Filing 81 Joint STATUS REPORT by Defendants Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit (Pltf) Ex 1 - Petition, #2 Exhibit (Pltf) Ex 2 - Notice of Removal, #3 Exhibit (Pltf) Ex 3 - Conditional Transfer Order, #4 Exhibit (Pltf) Ex 4 - PreTrial Order #78, #5 Exhibit (Pltf) Ex 5 - (6410) Daubert Wave 6 Order re Flynn, #6 Exhibit (Pltf) Ex 6 - (6345) Daubert Wave 5 Order re Sepulveda, #7 Exhibit (Pltf) Ex 7 - (6391) Daubert Wave 5 Order re Ulatowski, #8 Exhibit (Pltf) Ex 8 - (6442) Daubert Wave 6 Order re Longacre, #9 Exhibit (Pltf) Ex 9 - (2724) Daubert Wave 1 Order re Maclean, #10 Exhibit (Def) Ex A - (6522) Order Adopting Memorandum Opinion and Order (Daubert ruling re Elliott), #11 Exhibit (Def) Ex B - (2666) Memorandum Opinion and Order (Daubert ruling re Elliott), #12 Exhibit (Def) Ex C - (6388) Order Adopting Memorandum Opinion and Order (Daubert ruling re Iakovlev), #13 Exhibit (Def) Ex D - (2710) Memorandum Opinion and Order (Daubert ruling re Iakovlev), #14 Exhibit (Def) Ex E - (4186) Order Adopting Memorandum Opinion and Order (Daubert ruling re Rosenzweig), #15 Exhibit (Def) Ex F - (2668) Memorandum Opinion and Order (Daubert ruling re Rosenzweig)) (McCoy, Robert)
March 10, 2020 Opinion or Order Filing 80 ORDER Granting #79 Motion to Substitute Attorney. Signed by Magistrate Judge Cam Ferenbach on 3/10/2020. (Copies have been distributed pursuant to the NEF - JQC)
March 9, 2020 Opinion or Order Filing 79 MOTION to Substitute Attorney Robert McCoy in for Attorney Susan M. Robinson by Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
February 3, 2020 Opinion or Order Filing 78 ORDER. I ORDER the parties to meet and confer as set forth above by 3/4/2020. Within 15 days after the meet and confer, the parties shall file a status report. Signed by Judge Andrew P. Gordon on 2/3/2020. (Copies have been distributed pursuant to the NEF - JQC)
January 28, 2020 Opinion or Order Filing 77 NOTICE of Appearance on behalf of Defendants Ethicon, Inc, Johnson & Johnson. (McCoy, Robert)
January 23, 2020 Opinion or Order Filing 76 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon'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)
January 23, 2020 Opinion or Order Filing 75 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 1/23/2020. This action was received on* 1/23/2020* pursuant to a court order directing transfer from the* Southern District of West Virginia* and assigned case number 2:20-cv-00166-APG-VCF. All future documents must bear said correct case number. Joint Status Report due by 2/22/2020. Verified Petition due by 3/8/2020. (Copies have been distributed pursuant to the NEF - JM)
January 23, 2020 Opinion or Order Filing 74 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-31006. Original file with transfer order and docket sheet received.
January 23, 2020 Opinion or Order Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Cam Ferenbach. (JM)
January 21, 2020 Opinion or Order Filing 73 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #70 Continued, ECF #2552 Part 1 - Response to Motion, #2 Exhibit ECF #2552 Part 2 - Response to Motion, #3 Exhibit ECF #2552 Part 3 - Response to Motion, #4 Exhibit ECF #2825 - Motion to Exclude, #5 Exhibit ECF #2826 - Memo ISO Motion, #6 Exhibit ECF #2942 - Response to Motion, #7 Exhibit ECF #3053 - Reply to Motion, #8 Exhibit ECF #6824 - Notice of Adoption, #9 Exhibit ECF #6998 - Notice of Adoption, #10 Exhibit ECF #7100 - Notice of Adoption, #11 Exhibit ECF #2014 - Motion to Limit, #12 Exhibit ECF #2018 - Memo ISO Motion, #13 Exhibit ECF #2225 - Reply to Motion, #14 Exhibit ECF #4495 - Opposition to Motion, #15 Exhibit ECF #6849 - Notice of Adoption, #16 Exhibit ECF #6990 - Notice of Adoption, #17 Exhibit ECF #7141 - Notice of Adoption, #18 Exhibit ECF #2060 - Motion to Exclude, #19 Exhibit ECF #2065 - Memo ISO Motion, #20 Exhibit ECF #2134 - Response to Motion, #21 Exhibit ECF #2232 - Reply to Motion, #22 Exhibit ECF #2910 - Supp Response, #23 Exhibit ECF #6860 - Notice of Adoption, #24 Exhibit ECF #6965 - Notice of Adoption, #25 Exhibit ECF #7143 - Notice of Adoption)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
January 21, 2020 Opinion or Order Filing 72 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #70 Continued, ECF #5333 - Memo ISO Motion, #2 Exhibit ECF #5482 - Response to Motion, #3 Exhibit ECF #5548 - Reply to Motion, #4 Exhibit ECF #6852 - Notice of Adoption, #5 Exhibit ECF #6960 - Notice of Adoption, #6 Exhibit ECF #2280 - Reply to Motion, #7 Exhibit ECF #2854 - Motion to Exclude, #8 Exhibit ECF #2855 - Memo ISO Motion, #9 Exhibit ECF #2913 - Response to Motion, #10 Exhibit ECF #3048 - Reply to Motion, #11 Exhibit ECF #6799 - Amended Notice of Adoption, #12 Exhibit ECF #6987 - Notice of Adoption, #13 Exhibit ECF #7094 - Notice of Adoption, #14 Exhibit ECF #2076 - Motion to Exclude, #15 Exhibit ECF #2098 - Memo ISO Motion, #16 Exhibit ECF #2140 - Response to Motion, #17 Exhibit ECF #2253 - Memo ISO Motion, #18 Exhibit ECF #6820 - Notice of Adoption, #19 Exhibit ECF #6969 - Notice of Adoption, #20 Exhibit ECF #7099 - Notice of Adoption, #21 Exhibit ECF #2205 Part 1 - Motion to Exclude, #22 Exhibit ECF #2205 Part 2 - Motion to Exclude, #23 Exhibit ECF #2205 Part 3 - Motion to Exclude, #24 Exhibit ECF #2206 - Memo ISO Motion, #25 Exhibit ECF #2287 Part 1 - Response to Motion, #26 Exhibit ECF #2287 Part 2 - Response to Motion)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
January 21, 2020 Opinion or Order Filing 71 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #70 Continued, ECF #6874 Part 2 - Motion to Exclude, #2 Exhibit ECF #6874 Part 3 - Motion to Exclude, #3 Exhibit ECF #6875 - Memo ISO Motion, #4 Exhibit ECF #7038 - Notice of Adoption, #5 Exhibit ECF #7045 - Opposition to Motion, #6 Exhibit ECF #7085 - Amended Adoption of Response, #7 Exhibit ECF #7183 - Reply to Motion, #8 Exhibit ECF #2047 Part 1 - Motion to Exclude, #9 Exhibit ECF #2047 Part 2 - Motion to Exclude, #10 Exhibit ECF #2047 Part 3 - Motion to Exclude, #11 Exhibit ECF #2047 Part 4 - Motion to Exclude, #12 Exhibit ECF #2047 Part 5 - Motion to Exclude, #13 Exhibit ECF #2047 Part 6 - Motion to Exclude, #14 Exhibit ECF #2047 Part 7 - Motion to Exclude, #15 Exhibit ECF #2047 Part 8 - Motion to Exclude, #16 Exhibit ECF #2047 Part 9 - Motion to Exclude, #17 Exhibit ECF #2047 Part 10 - Motion to Exclude, #18 Exhibit ECF #2047 Part 11 - Motion to Exclude, #19 Exhibit ECF #2047 Part 12 - Motion to Exclude, #20 Exhibit ECF #2047 Part 13 - Motion to Exclude, #21 Exhibit ECF #2047 Part 14 - Motion to Exclude, #22 Exhibit ECF #2817 - Motion to Exclude, #23 Exhibit ECF #2818 - Memo ISO Motion, #24 Exhibit ECF #2931 - Opposition to Motion, #25 Exhibit ECF #3024 - Reply to Motion)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
January 21, 2020 Opinion or Order Filing 70 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #238 - First Amended Master Long Form Complaint, #2 Exhibit ECF #239 - Master Answer - Ethicon Inc., #3 Exhibit ECF #240 - Master Answer - Ethicon LLC, #4 Exhibit ECF #241 - Master Answer - Johnson & Johnson, #5 Exhibit ECF #262 - Short Form Complaint, #6 Exhibit ECF #263 - Amended Short Form Complaint, #7 Exhibit ECF #2082 Part 1 - Motion to Exclude, #8 Exhibit ECF #2082 Part 2 - Motion to Exclude, #9 Exhibit ECF #2082 Part 3 - Motion to Exclude, #10 Exhibit ECF #2191 - Amd Opposition to Motion, #11 Exhibit ECF #2815 - Memo ISO Motion, #12 Exhibit ECF #2952 - Opposition to Motion, #13 Exhibit ECF #5339 Part 1 - Motion to Exclude, #14 Exhibit ECF #5339 Part 2 - Motion to Exclude, #15 Exhibit ECF #5340 - Memo ISO Motion, #16 Exhibit ECF #5491 - Response to Motion, #17 Exhibit ECF #6842 - Notice of Adoption, #18 Exhibit ECF #6922 - Notice of Adoption, #19 Exhibit ECF #3619 Part 1 - Motion to Exclude, #20 Exhibit ECF #3619 Part 2 - Motion to Exclude, #21 Exhibit ECF #3621 - Memo ISO Motion, #22 Exhibit ECF #3790 Part 1 - Response to Motion, #23 Exhibit ECF #3790 Part 2 - Response to Motion, #24 Exhibit ECF #3790 Part 3 - Response to Motion, #25 Exhibit ECF #3865 - Reply to Motion)(Gage, William) (Modified on 1/22/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 1/23/2020.]
January 9, 2020 Opinion or Order Filing 69 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/23/2020.]
April 24, 2019 Opinion or Order Filing 68 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
April 22, 2019 Opinion or Order Filing 67 RESPONSE TO ORDER TO SHOW CAUSE by Barbara Heinrich, Gregory Heinrich (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
April 10, 2019 Opinion or Order Filing 66 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 1/23/2020.]
March 26, 2019 Opinion or Order Filing 65 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 1/23/2020.]
November 1, 2018 Opinion or Order Filing 64 REPLY by Barbara Heinrich, Gregory Heinrich to Defendants' #57 MEMORANDUM in Opposition to Plaintiffs' Motion for Partial Summary Judgment. (Attachment: #1 Exhibit 1)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
November 1, 2018 Opinion or Order Filing 63 REPLY by Barbara Heinrich, Gregory Heinrich to Defendants' #56 OPPOSITION to Motion by Plaintiffs to Exclude Certain Opinions and Testimony of Brian J. Flynn, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
November 1, 2018 Opinion or Order Filing 62 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Plaintiffs' #59 Response In Opposition to Defendants' Motion for Partial Summary Judgment. (Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 61 OPPOSITION by Barbara Heinrich, Gregory Heinrich to #48 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 60 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 59 RESPONSE by Barbara Heinrich, Gregory Heinrich in opposition to #49 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 58 OPPOSITION by Barbara Heinrich, Gregory Heinrich to #47 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of Ja-Hong Kim, M.D. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 57 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in Opposition to #53 Motion for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 25, 2018 Opinion or Order Filing 56 OPPOSITION by Ethicon, Inc., Johnson & Johnson to #51 MOTION by Barbara Heinrich, Gregory Heinrich to Exclude Certain Opinions and Testimony of Brian J. Flynn, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 24, 2018 Opinion or Order Filing 55 ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (lca) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 54 MEMORANDUM OF LAW by Barbara Heinrich, Gregory Heinrich in support of #53 MOTION by Barbara Heinrich, Gregory Heinrich for Summary Judgment (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 53 MOTION by Barbara Heinrich, Gregory Heinrich for Summary Judgment (Attachments: #1 Exhibit 1: Amended Short Form Complaint, #2 Exhibit 2: Flynn Deposition, #3 Exhibit 3: Raz Deposition, #4 Exhibit 4: UCLA Records)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 52 MEMORANDUM OF LAW by Barbara Heinrich, Gregory Heinrich in support of #51 MOTION by Barbara Heinrich, Gregory Heinrich to Exclude Certain Opinions and Testimony of Brian J. Flynn, M.D.. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 51 MOTION by Barbara Heinrich, Gregory Heinrich to Exclude Certain Opinions and Testimony of Brian J. Flynn, M.D.. (Attachments: #1 Exhibit 1: Flynn IME Report, #2 Exhibit 2: Flynn Case Specific Report, #3 Exhibit 3: Flynn Deposition, #4 Exhibit 4: Prager Report, #5 Exhibit 5: Raz Deposition, #6 Exhibit 6: UCLA Records, #7 Exhibit 7: Flynn Lehman Deposition, #8 Exhibit 8: Urology Times Article)(Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 50 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #49 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 18, 2018 Opinion or Order Filing 49 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 17, 2018 Opinion or Order Filing 48 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of Vladimir Iakovlev, M.D. (Attachments: #1 Errata Expert Report (Part 1), #2 Exhibit Expert Report (Part 2), #3 Exhibit Deposition Excerpts)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 17, 2018 Opinion or Order Filing 47 MOTION And Memorandum by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of Ja-Hong Kim, M.D. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Kim Deposition Excerpts, #3 Exhibit Hsieh Deposition Excerpts)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
October 16, 2018 Opinion or Order NOTICE OF DOCKET CORRECTION re: #45 Certificate of Service by Barbara Heinrich, Gregory Heinrich for Rule 26(a)(1) Disclosure Statement. ERROR: Complete disclosures filed. CORRECTION: Disclosures removed and certificate of service retained. (ts)[Transferred from West Virginia Southern on 1/23/2020.]
October 4, 2018 Opinion or Order Filing 46 NOTICE OF VIDEO DEPOSITIONS OF FRIENDS AND FAMILY by Ethicon, Inc., Johnson & Johnson of Gregory Heinrich, Whitney Heinrich, Taylor Berg, Heidi Heinrich, Stefan Berg, Sandra Quigley, Linda Smith, and Cathy Bursey on dates and at times to be determined. (Modak-Truran, Anita) (Modified on 10/9/2018 to remove party filer)(rmc). [Transferred from West Virginia Southern on 1/23/2020.]
October 4, 2018 Opinion or Order Filing 45 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Rule 26(a)(1) Disclosure Statement. (Vannah, Matthew) (Modified on 10/16/2018 to remove complete disclosures and retain certificate of service) (ts). [Transferred from West Virginia Southern on 1/23/2020.]
October 4, 2018 Opinion or Order Filing 44 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Barry J. Koopmann on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Koopmann, Barry) [Transferred from West Virginia Southern on 1/23/2020.]
September 17, 2018 Opinion or Order Filing 43 NOTICE of filing Subpoena by Ethicon, Inc., Johnson & Johnson re: #42 Notice of Deposition of Joshua Prager (Attachments: #1 Schedule A, #2 Deposition Protocol)(Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
September 17, 2018 Opinion or Order Filing 42 NOTICE TO TAKE DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Joshua Prager on September 28, 2018 at 1:30 p.m. (Attachment: #1 PTO #38)(Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
September 12, 2018 Opinion or Order Filing 41 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in opposition to #38 Notice of Video Deposition. (Attachment: #1 Exhibit A)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
September 10, 2018 Opinion or Order Filing 40 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #39 Notice Of Video Deposition. (Gage, William) [Transferred from West Virginia Southern on 1/23/2020.]
September 4, 2018 Opinion or Order Filing 39 NOTICE OF VIDEO DEPOSITION by Barbara Heinrich, Gregory Heinrich of Dr. Brian Flynn on 10/04/18 at 4:00 p.m. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
September 4, 2018 Opinion or Order Filing 38 NOTICE OF VIDEO DEPOSITION by Barbara Heinrich, Gregory Heinrich of Thomas Storozuk on 09/19/18 at 2:00 p.m. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
September 4, 2018 Opinion or Order Filing 37 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Ja-Hong Kim on 09/12/2018 at 10:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/23/2020.]
August 15, 2018 Opinion or Order Filing 36 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 1/23/2020.]
July 11, 2018 Opinion or Order Filing 35 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
July 11, 2018 Opinion or Order Filing 34 NOTICE of Withdrawal as Counsel by Tim Goss on behalf of Barbara Heinrich, Gregory Heinrich (Goss, Tim) [Transferred from West Virginia Southern on 1/23/2020.]
June 25, 2018 Opinion or Order Filing 33 AMENDED NOTICE of Independent Medical Examination by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit A, #2 Errata B)(Walker, Jordan) [Transferred from West Virginia Southern on 1/23/2020.]
June 25, 2018 Opinion or Order Filing 32 NOTICE of Independent Medical Examination by Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(Walker, Jordan) [Transferred from West Virginia Southern on 1/23/2020.]
June 18, 2018 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Answers to Interrogatories and Responses to Requests for Production of Documents. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
June 18, 2018 Opinion or Order Filing 29 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Responses to Request for Admissions. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
June 18, 2018 Opinion or Order Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
June 13, 2018 Opinion or Order Filing 31 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) (kp) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
June 4, 2018 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
May 25, 2018 Opinion or Order Filing 26 NOTICE of Filing of Subpoena to Testify at a Deposition by Ethicon, Inc., Johnson & Johnson re: #22 Notice of Video Deposition. (Attachments: #1 Appendix Schedule A, #2 Appendix Deposition Protocol)(Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
May 23, 2018 Opinion or Order Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Barbara Heinrich on 5/31/2018 at 10:00 a.m. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
May 18, 2018 Opinion or Order Filing 24 CERTIFICATE OF SERVICE by Barbara Heinrich, Gregory Heinrich for Interrogatories, Requests for Admission and Requests for Production. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
May 18, 2018 Opinion or Order Filing 23 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Defendants First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Walker, Jordan) [Transferred from West Virginia Southern on 1/23/2020.]
May 10, 2018 Opinion or Order Filing 22 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Geoffrey Hsieh on 5/30/2018 at 2:00 p.m. (Attachment: #1 Deposition Protocol)(Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
May 9, 2018 Opinion or Order Filing 21 NOTICE OF VIDEO DEPOSITION by Barbara Heinrich, Gregory Heinrich of Dr. Shlomo Raz on 06/20/18 at 5:00 p.m. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
May 9, 2018 Opinion or Order Filing 20 NOTICE OF VIDEO DEPOSITION by Barbara Heinrich, Gregory Heinrich of Karyn Eilber, M.D. on 06/21/18 at 12:00 p.m. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
April 30, 2018 Opinion or Order Filing 19 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tim Goss for Tamara Banno on behalf of Barbara Heinrich, Gregory Heinrich. (Goss, Tim) [Transferred from West Virginia Southern on 1/23/2020.]
April 30, 2018 Opinion or Order Filing 18 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Tim Goss on behalf of Barbara Heinrich, Gregory Heinrich. (Goss, Tim) [Transferred from West Virginia Southern on 1/23/2020.]
March 30, 2018 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Jordan N. Walker on behalf of Ethicon, Inc., Johnson & Johnson. (Walker, Jordan) [Transferred from West Virginia Southern on 1/23/2020.]
March 27, 2018 Opinion or Order Filing 16 NOTICE TO TAKE VIDEO DEPOSITION by Barbara Heinrich, Gregory Heinrich of Dr. Basia Yakaitis on 04/23/18 at 2:00 p.m. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
March 20, 2018 Opinion or Order Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jordan N. Walker on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Walker, Jordan) [Transferred from West Virginia Southern on 1/23/2020.]
March 19, 2018 Opinion or Order Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Anita Modak-Truran on behalf of Ethicon, Inc., Johnson & Johnson. (Modak-Truran, Anita) [Transferred from West Virginia Southern on 1/23/2020.]
February 1, 2018 Opinion or Order Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Geoffrey Hsieh on 4/3/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 1/23/2020.]
January 30, 2018 Opinion or Order 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) (klc) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
June 6, 2017 Opinion or Order Filing 11 PLAINTIFF PROFILE FORM filed by Barbara Heinrich, Gregory Heinrich. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
March 30, 2017 Opinion or Order Filing 10 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 1/23/2020.]
May 24, 2016 Opinion or Order Filing 9 ORDER granting MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address filed in MDL 2327. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: attys; any unrepresented party) (mek) [Transferred from West Virginia Southern on 1/23/2020.]
May 6, 2016 Opinion or Order Filing 8 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 1/23/2020.]
March 19, 2014 Opinion or Order Filing 7 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 1/23/2020.]
February 6, 2014 Opinion or Order Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, LLC. (Thomas, David) [Transferred from West Virginia Southern on 1/23/2020.]
January 24, 2014 Opinion or Order Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 1/23/2020.]
January 6, 2014 Opinion or Order Filing 4 AMENDED SHORT FORM COMPLAINT filed by Barbara Heinrich, Gregory Heinrich against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Vannah, Matthew) (Modified on 1/12/2014 to add party filer) (skh). [Transferred from West Virginia Southern on 1/23/2020.]
January 2, 2014 Opinion or Order Filing 3 SUBSTITUTION OF COUNSEL by Matthew R. Vannah in the place and stead of Tim K. Goss and the law firm of Freese & Goss on behalf of Barbara Heinrich. (Vannah, Matthew) [Transferred from West Virginia Southern on 1/23/2020.]
December 13, 2013 Opinion or Order Filing 2 TRANSMITTED PRETRIAL ORDER # 87 (Motion to Establish Order of Discovery and Request for In-Person Hearing) entered on 12/13/2013 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 1/23/2020.]
December 4, 2013 Opinion or Order Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2819013. (Severed from Civil Action No. 2:13-cv-23622 filed 9/25/13) (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 1/23/2020.]

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Search for this case: Heinrich et al v. Ethicon, Inc. et al
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Plaintiff: Gregory Heinrich
Represented By: Matthew R. Vannah
Represented By: Tim K. Goss
Represented By: Tamara L. Banno
Represented By: Matthew Vannah
Represented By: Matthew Robert Vannah
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Plaintiff: Barbara Heinrich
Represented By: Matthew R. Vannah
Represented By: Tim K. Goss
Represented By: Tamara L. Banno
Represented By: Matthew Vannah
Represented By: Matthew Robert Vannah
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Defendant: Ethicon LLC
Represented By: Susan M. Robinson
Represented By: William M. Gage
Represented By: Barry J. Koopmann
Represented By: Anita Modak-Truran
Represented By: David B. Thomas
Represented By: Jordan N. Walker
Represented By: Sihomara L. Graves
Represented By: Robert R. McCoy
Represented By: Anita K. Modak-Truran
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Defendant: Johnson & Johnson
Represented By: Susan M. Robinson
Represented By: William M. Gage
Represented By: Barry J. Koopmann
Represented By: Kari L. Sutherland
Represented By: David B. Thomas
Represented By: Philip J. Combs
Represented By: Christy D. Jones
Represented By: Anita Modak-Truran
Represented By: Jordan N. Walker
Represented By: Anita K. Modak-Truran
Represented By: Paul Cassisa, Jr.
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
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Defendant: Ethicon, Inc
Represented By: Susan M. Robinson
Represented By: William M. Gage
Represented By: Barry J. Koopmann
Represented By: Kari L. Sutherland
Represented By: David B. Thomas
Represented By: Philip J. Combs
Represented By: Christy D. Jones
Represented By: Anita Modak-Truran
Represented By: Jordan N. Walker
Represented By: Paul Cassisa, Jr.
Represented By: Robert R. McCoy
Represented By: Sihomara L. Graves
Represented By: Anita K. Modak-Truran
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