PARR et al v. ETHICON, INC et al
| Lynn Parr and Christopher Parr |
| ETHICON INC., & JOHNSON JOHNSON, ETHICON, INC. and JOHNSON & JOHNSON |
| 3:2019cv19644 |
| October 31, 2019 |
| US District Court for the District of New Jersey |
| Douglas E Arpert |
| Zahid N Quraishi |
| Freda L Wolfson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 38 Letter. (CRAWFORD, KELLY) |
| Filing 37 NOTICE of Appearance by DIANA KATZ GERSTEL on behalf of ETHICON, INC., JOHNSON & JOHNSON (GERSTEL, DIANA) |
| Magistrate Judge Douglas E. Arpert added. Magistrate Judge Zahid N. Quraishi no longer assigned to case. (eaj) |
| Filing 36 Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney William M. Gage; Christy D. Jones; Susan M. Robinson; Kari L Sutherland; David B. Thomas; Philip J Combs and Laura H. Dixon terminated. (CRAWFORD, KELLY) |
| Filing 35 NOTICE of Appearance by MAHA MUNAYYER KABBASH on behalf of ETHICON, INC., JOHNSON & JOHNSON (KABBASH, MAHA) |
| Filing 34 NOTICE by ETHICON, INC., JOHNSON & JOHNSON of Withdrawal (CRAWFORD, KELLY) |
| Filing 33 NOTICE of Appearance by KELLY S. CRAWFORD on behalf of ETHICON, INC., JOHNSON & JOHNSON (CRAWFORD, KELLY) |
| CLERK'S QUALITY CONTROL MESSAGE - The #34 Notice filed by Kelly Crawford on 11/07/2019 was submitted incorrectly. PLEASE RESUBMIT THE USING the event NOTICE TO WITHDRAW FROM NEF AS TO CASE that can be found under Civil Events - Other Filings - Notices. Using this event will terminate the Attorney. This submission will remain on the docket unless otherwise ordered by the court. (jmh) |
| Filing 32 Certified Copy of Transfer Order and docket received, Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-06637. Original file certified copy of transfer order and docket sheet received. |
| Chief Judge Freda L. Wolfson and Magistrate Judge Zahid N. Quraishi added. (abr) |
| Filing 31 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 238 First Amended Master Long Form Complaint, #2 ECF 239 - MASTER ANSWER AND JURY DEMAND, #3 ECF 241 - FIRST AMENDED MASTER COMPLAINT, #4 ECF 262 Short Form Complaint, #5 ECF 263 AMENDED SHORT FORM COMPLAINT)(Gage, William) |
| Filing 30 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James Robert Hail on behalf of Christopher Parr, Lynn Parr. (Hail, James) |
Filing 29
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st)
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| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Christopher Parr, Lynn Parr (Cantrell, Christopher) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit, #2 Exhibit)(Gage, William) |
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Filing 26
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)
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Filing 25
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)
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Filing 24
ORDER This order denying the Motion by Ethicon, Inc., Johnson & Johnson for Sanctions Based on Plaintiffs' Failure to Comply With the Court's ECF No. 4714 Order is not intended to resolve outstanding issues regarding the reliability and admissibility of the article "Oxidation and Degradation of Polypropylene Transvaginal Mesh"; this order simply memorializes the undersigned's conclusion that Plaintiffs complied with the court's order compelling them, through Dr. Guelcher, to collect any remaining facts and data in the possession of the co-investigators and supply it to Defendants. Signed by Magistrate Judge Cheryl A. Eifert on 12/15/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases) (st)
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Filing 23
ORDER The Motion by Ethicon, Inc., Johnson & Johnson to Compel Discovery or, in the Alternative, to Exclude Certain Opinion Testimony filed in MDL 2327 is GRANTED, in part, and DENIED, in part; Plaintiffs are hereby ORDERED to collect and produce to the defendants certain information set forth herein pertaining to the article entitled "Oxidation and Degradation of Polypropylene Transvaginal Mesh," relied upon by Dr. Guelcher; With respect to Defendants' motion that they be permitted to take a supplemental deposition of Dr. Guelcher to question him about the raw data, the motion is DENIED. Furthermore, Defendants' motion to preclude Dr. Guelcher from offering opinions or testimony based upon the above-mentioned article is likewise DENIED, as it is moot. Signed by Magistrate Judge Cheryl A. Eifert on 9/26/2017. (cc: attys) (REF: MDL 2327; Wave 5 Cases) (lca)
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Filing 22
PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (st)
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Filing 21
PRETRIAL ORDER # 268 (Motion for a Protective Order and Motion for De Bene Esse Deposition) The Motion by Ethicon, Inc. Johnson & Johnson for Protective Order Precluding De Bene Esse Deposition of Plaintiffs' Expert Witness Scott A. Guelcher, PH.D. and Motion for De Bene Esse Deposition of Scott A. Guelcher, PH.D. filed in MDL 2327 are DENIED as to the motion for a protective order and GRANTED as to the motion for leave to conduct a de bene esse deposition of Dr. Guelcher. Signed by Judge Cheryl A. Eifert on 8/9/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases) (kab)
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| Filing 20 NOTICE OF ATTORNEY APPEARANCE by J. Gerard Stranch, IV on behalf of Christopher Parr, Lynn Parr. (Stranch, J.) |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Rupa Patel on 3/9/2017 at 9:00 am (Thomas, David) |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Manish Gopal on 3/10/2017 at 9:00 am (Thomas, David) |
| Filing 17 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Richard Caraballo on 3/15/2017 at 9:00 a.m. (Sutherland, Kari) |
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Filing 16
PRETRIAL ORDER # 248 (Docket Control Order - Wave 5 Cases) The cases attached hereto as Exhibit A will be known as "Ethicon Wave 5 cases" and the following deadlines apply: Scheduling Deadlines. Plaintiff Fact Sheets due by 3/22/2017, Defendant Fact Sheets due by 4/22/2017, Deadline for written discovery requests is 6/05/2017, Expert disclosure by plaintiffs due by 5/22/2017, Expert disclosure by defendants due by 6/19/2017, Expert disclosure for rebuttal purposes due by 7/05/2017, Deposition deadline and close of discovery is 7/19/2017, Filing of Dispositive Motions due by 8/08/2017, Response to Dispositive Motions due by 8/22/2017, Reply to response to dispositive motions due by 8/29/2017, Filing of Daubert motions due by 8/15/2017, Responses to Daubert motions due by 8/29/2017, and Reply to response to Daubert motions due by 9/05/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 6/28/2017, any response is due 7/12/2017 and any reply is due 7/19/2017. Venue Recommendations. By no later than 6/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 7/10/2017. Signed by Judge Joseph R. Goodwin on 2/21/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases Listed on Exhibit A) (kp)
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Filing 15
ORDER on Motions filed in MDL 2327: denying, as moot, MOTION by Doyle Lowther LLP for Change of Address in MDL No. 2327 and each individual member case in which Doyle Lowther LLP is associated; granting AMENDED MOTION by William J. Doyle II, John Lowther, Christopher W. Cantrell of Doyle Lowther LLP for Change of Address. The Clerk is DIRECTED to update William J. Doyle II, John Lowther, and Chris Cantrell's information, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which said attorneys are associated. Signed by Judge Joseph R. Goodwin on 1/29/2016. (cc: attys; any unrepresented party) (kp)
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Filing 14
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw)
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| Filing 13 AMENDED SHORT FORM COMPLAINT filed by Christopher Parr, Lynn Parr against Ethicon, Inc., Johnson & Johnson. (Doyle, William) |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) |
| Filing 8 SUMMONS RETURNED EXECUTED for Johnson & Johnson, re: #1 Complaint. Johnson & Johnson served on 10/19/2012, answer due 11/9/2012. (Doyle, William) |
| Filing 7 SUMMONS RETURNED EXECUTED for Ethicon, Inc., re: #1 Complaint. Ethicon, Inc. served on 10/19/2012, answer due 11/9/2012. (Doyle, William) |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) |
| Filing 3 TRANSMITTED PRETRIAL ORDER 18 (Agreed Order Regarding Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues) entered on 10/04/2012 in MDL 2327 to attorneys in member case. (jap) |
| Filing 2 SUMMONS ISSUED by the Clerk on behalf of Christopher Parr and Lynn Parr for Ethicon, Inc., and Johnson & Johnson, re: #1 Complaint, returnable 21 days. Original Summons and 2 copies of each mailed to William Doyle for service. (jap) |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2037819. (Attachment: #1 Civil Cover Sheet) (jap) |
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