NIETO et al v. JOHNSON & JOHNSON et al
| MICHAEL THOMPSON, DEBRA DOERR and BENJAMIN NIETO |
| SECANT MEDICAL, LLC, JOHNSON & JOHNSON, PRODESCO, INC., THE SECANT GROUP, LLC, SECANT MEDICAL, INC. and ETHICON INC. |
| 3:2020cv03140 |
| March 23, 2020 |
| US District Court for the District of New Jersey |
| Lois H Goodman |
| Freda L Wolfson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on March 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Certified Copy of Transfer Order and docket received, Case transferred in from District of Pennsylvania Eastern; Case Number 5:19-cv-03659. Original file certified copy of transfer order and docket sheet received. |
| Chief Judge Freda L. Wolfson and Magistrate Judge Lois H. Goodman added. (eaj, ) |
Filing 43
ORDER OF 2/19/20 THAT DEFENDANTS' MOTION TO SEVER AND TO TRANSFER PLAINTIFF MICHAEL THOMPSON'S CLAIM TO THE U.S.D.C. FOR THE WESTERN DISTRICT OF PENNSYLVANIA (DOC. NO. 6) IS DENIED AS MOOT; AND PLAINTIFF MICHAEL THOMPSON'S CLAIMS IN THIS ACTION ARE SEVERED AND TRANSFERRED TO THE U.S.D.C. DISTRICTOF NEW JERSEY PURSUANT TO 28 U.S.C. 1404A. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 2/19/20.2/20/20 ENTERED AND COPIES E-MAILED.(dt, )
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| Filing 42 STIPULATION re #6 MOTION to Sever Plaintiffs and to Transfer Plaintiff Michael Thompson's Claims to the United States District Court for the Western District of Pennsylvania by DEBRA DOERR, BENJAMIN NIETO, MICHAEL THOMPSON. (LEGER, BRADLEY) *FILED IN ERROR BY ATTORNEY; FORWARDED TO JUDGE FOR APPROVAL* Modified on 2/20/2020 (lisad, ). |
| Filing 41 Copy of Order/Notice dated 1/28/20 (Document # 36) and envelope returned from the U.S. Postal Service addressed to Prodesco, Inc. for the following reason: Not Deliverable as addressed. (dt) |
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Filing 40
ORDER THAT DEFENDANT SECANT GROUP, LLCS MOTION TO DISMISS (ECF DOCKET NO. #3 ) IS DENIED AS MOOT; AND PLAINTIFFS MOTION TO REMAND (ECF DOCKET NO. #9 ) IS DENIED AS MOOT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/3/20.2/3/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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Filing 39
STIPULATION AND ORDER THAT BY AND THROUGH THEIR ATTORNEYS, RESPECTFULLY AND JOINTLY ENTER INTO THIS STIPULATION OF DISMISSAL OF PLAINTIFFS CLAIMS AGAINST DEFENDANTS THE SECANT GROUP, LLC; SECANT MEDICAL, INC.; PRODESCO, INC.; AND SECANT MEDICAL, LLC, WITHOUT PREJUDICE. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 1/31/20. 2/3/20 ENTERED AND COPIES MAILED TO ATTORNEYS AND E-MAILED.(mas, )
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| Filing 38 STIPULATION of Dismissal of The Secant Group, LLC; Secant Medical, Inc.; Prodesco, Inc.; and Secant Medical, LLC by ETHICON, INC., JOHNSON & JOHNSON, SECANT MEDICAL, INC.. (CALLSEN, JULIE) |
| Filing 37 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL. Telephone Conference was held on 1/28/20 and not placed on the record. (DT) |
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Filing 36
ORDER OF 1/28/20 THAT PLAINTIFFS SHALL FILE A RESPONSE TO DEFENDANTS' MOTION TO SEVER PLAINTIFFS AND TO TRANSFER PLAINTIFF MICHAEL THOMPSON'S CLAIMS TO THE U.S.D.C. FOR THE WESTERN DISTRICT OF PENNSYLVANIA ON OR BEFORE FEBRUARY 14, 2020. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 1/28/20. 1/28/20 ENTERED AND COPIES E-MAILED, MAILED AND MAILED TO UNREP PARTIES.(DT)
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Filing 35
ORDER OF 1/21/20 THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR TUESDAY, JANUARY 28,2020 AT 3:30PM. PLAINTIFFS COUNSEL SHALL INITIATE THE CALL. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 1/21/20. 1/22/20 ENTERED AND COPIES MAILED AND E-MAILED AND MAILED TO UNREP PARTIES.(DT)
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Filing 34
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER OF 12/4/2019. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 12/4/2019. 12/5/19 ENTERED AND COPIES E-MAILED AND MAILED AND MAILED TO UNREP PARTIES.(DT) Modified on 12/5/2019 (dt, ).(ECF APPLICATION SENT TO ATTORNEYS)
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| Filing 33 Joint MOTION for Protective Order filed by ETHICON, INC., JOHNSON & JOHNSON.. (Attachments: #1 Text of Proposed Order Stipulated Confidentiality and Protective Order)(CALLSEN, JULIE) |
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Filing 32
ORDER OF 10/25/2019 THAT AFTER ORAL ARGUMENT, AND UPON CONSIDERATION OF PLAINTIFFS' MOTION TO REMAND (ECF DOCKET NO. 9) AND ALL DOCUMENTS IN SUPPORT AND OPPOSITION, IT IS HEREBY ORDERED AS FOLLOWS: THE PARTIES SHALL CONDUCT JURISDICTIONAL DISCOVERY REGARDING DEFENDANT SECANT MEDICAL, LLC (F/K/A SECANT MEDICAL, INC.) WITHIN 45 DAYS FROM THE DATE OF THIS ORDER; AND THE PARTIES MAY SERVE DISCOVERY REQUESTS AND DEPOSE A REPRESENTATIVE OF SECANT MEDICAL, LLC. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 10/25/2019. 10/28/2019 ENTERED AND COPIES E-MAILED AND COPIES MAILED AND MAILED TO UNREP PARTIES.(DT) Modified on 10/29/2019 (dt, ).
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| Filing 31 Notice of Filing of Official Transcript with Certificate of Service re #30 Transcript - PDF, 10/22/2019 Entered and Copies Mailed and Emailed. (sg, ) |
| Filing 30 TRANSCRIPT of ORAL ARGUEMENT held on 10/1/2019, before Judge JEFFREY L. SCHMEHL. Court Reporter/Transcriber TK TRANSCRIPTION SERVICE. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/12/2019. Redacted Transcript Deadline set for 11/21/2019. Release of Transcript Restriction set for 1/19/2020. (sg, ) |
| Filing 29 Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL. Motion Hearing held on 10/01/2019 re #8 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO, #9 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO, MICHAEL THOMPSON. Court Reporter: ESR. (DT) |
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Filing 28
ORDER OF 9/26/2019 THAT THE APPLICATION OF ADMISSION PRO HAC VICE OF BRADLEY L. LEGER, ESQUIRE IS GRANTED AND MR. LEGER IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING AND REPRESENTING THE PLAINTIFFS IN THIS LITIGATION. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/26/2019. 9/26/2019 ENTERED AND COPIES MAILED AND E-MAILED, MAILED TO UNREP PARTIES. (ECF APPLICATION FORWARDED TO BRADLEY L. LEGER, ESQUIRE).(DT)
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Filing 27
ORDER OF 9/26/2019 THAT THE APPLICATION OF ADMISSION PRO HAC VICE OF KASSI P. MARKS, ESQUIRE IS GRANTED AND MS. MARKS IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THEPURPOSE OF APPEARING AND REPRESENTING THE PLAINTIFFS IN THIS LITIGATION. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/26/2019. 9/26/2019 ENTERED AND COPIES MAILED AND E-MAILED, MAILED TO UNREP PARTIES. (ECF APPLICATION FORWARDED TO KASSI P. MARKS, ESQUIRE.(DT)
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Filing 26
ORDER OF 9/26/2019 THAT THE APPLICATION OF ADMISSION PRO HAC VICE OF RODNEY K. CASTILLE, ESQUIRE IS GRANTED AND MR. CASILLE IS ADMITTED PRO HAC VICE WITHOUT RESTRICTION, FOR THE PURPOSE OF APPEARING AND REPRESENTING THE PLAINTIFFS IN THIS LITIGATION. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/26/2019. 9/26/2019 ENTERED AND COPIES MAILED AND E-MAILED, MAILED TO UNREP PARTIES. (ECF APPLICATION FORWARDED TO RODNEY K. CASTILLE, ESQUIRE.(DT) Modified on 9/26/2019 (dt, ).
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| Filing 25 Copy of Order/Notice dated 09/13/2019 (Document # 18) and envelope returned from the U.S. Postal Service addressed to Prodesco, Inc. for the following reason: Not Deliverable as Addressed. (DT) |
| Filing 24 Copy of Order/Notice dated 09/03/2019 (Document # 15) and envelope returned from the U.S. Postal Service addressed to Prodesco, Inc. for the following reason: Undeliverable as Addressed. (DT) |
| Filing 23 (FEE RECEIVED 9/25/2019) MOTION for Pro Hac Vice filed by DEBRA DOERR, BENJAMIN NIETO..(SHERRY, DANIEL) Modified on 9/26/2019 (amas). (Filing fee paid on 9/25/19) Modified on 9/27/2019 (kw, ). |
| Filing 22 (FEE RECEIVED 9/25/2019) MOTION for Pro Hac Vice filed by DEBRA DOERR, BENJAMIN NIETO..(SHERRY, DANIEL) Modified on 9/26/2019 (amas). (Filing fee paid on 9/25/19) Modified on 9/27/2019 (kw, ). |
| Filing 21 (FEE RECEIVED 9/25/2019) MOTION for Pro Hac Vice filed by DEBRA DOERR, BENJAMIN NIETO..(SHERRY, DANIEL) Modified on 9/26/2019 (amas). (Filing fee paid on 9/25/19) Modified on 9/27/2019 (kw, ). |
| Filing 20 REPLY in Support re #9 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO. Certificate of Service. (Attachments: #1 Memorandum)(SHERRY, DANIEL) Modified on 9/18/2019 (lisad, ). |
| Filing 19 RESPONSE in Opposition re #9 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO. (Attachments: #1 Memorandum). (FILED IN ERROR BY ATTORNEY; SEE PAPER #20 FOR CORRECT FILING). (SHERRY, DANIEL) Modified on 9/17/2019 (fb). |
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Filing 18
ORDER OF 9/13/2019 THAT THE ORAL ARGUMENT IS SCHEDULED ON THE MOTION TO REMAND ONLY FOR TUESDAY, OCTOBER 1, 2019 AT 2:00PM IN THE READING COURTROOM. THE MADISON BUILDING, 4TH FLOOR, 400 WASHINGTON STREET, READING, PA; AND IT IS FURTHER ORDERED THAT PLAINTIFFS ARE HEREBY ALLOWED TO FILE ANY OPPOSITION MOTIONS AND BRIEFS TO THE DEFENDANTS' MOTION TO DISMISS, SEVER AND TRANSFER WITHIN FOURTEEN DAYS OF THIS COURT'S RULING AND ORDER ON PLAINTIFF'S MOTION TO REMAND UNLESS DETERMINED OTHERWISE BY ORDER OF THIS COURT. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 9/13/2019. 9/13/2019 ENTERED AND COPIES MAILED AND E-MAILED AND MAILED TO UNREP PARTIES. (DT)
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| Filing 17 Memorandum in Opposition re #8 MOTION to Remand filed by ETHICON, INC., JOHNSON & JOHNSON. (Attachments: #1 Exhibit A - West Affidavit, #2 Exhibit B - Batke Supp. Decl., #3 Exhibit C - PCCP Order 12-4-17, #4 Exhibit D - PCCP Order 8-25-14)(CALLSEN, JULIE) |
| Filing 16 Copy of Order/Notice dated 08/30/2019 (Documents # 12,13,14) and envelope returned from the U.S. Postal Service addressed to Prodesco, Inc. for the following reason: Insufficient Address. (DT) |
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Filing 15
ORDER THAT THE ORAL ARGUMENT ON THE MOTIONS PREVIOUSLY SCHEDULED FOR TUESDAY, OCTOBER 1, 2019 AT 2:30 P.M. IS CHANGED TO TUESDAY, OCTOBER 1, 2019, AT 2:00 P.M., IN THE READING COURTROOM, THE MADISON BUILDING, 4TH FLOOR, 400 WASHINGTON STREET, READING, PENNSYLVANIA. (NOTE: THIS IS TIME CHANGE ONLY.). SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 9/3/19. 9/3/19 ENTERED AND COPIES MAILED TO ATTORNEY AND TO UNREPS AND E-MAILED.(mas, )
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Filing 14
ORDER OF 8/30/2019 THAT UPON CONSIDERATION OF PLAINTIFF NIETO, ET AL'S MOTION FOR LEAVE TO FILE EXHIBITS A-1 THROUGH A-3 UNDER SEAL IS GRANTED. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 8/30/2019. 8/30/2019 ENTERED AND COPIES E-MAILED AND MAILED AND MAILED TO UNREP PARTIES. (DT)
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Filing 13
ORDER OF 8/30/2019 THAT AFTER REVIEWING DEFENDANT THE SECANT GROUP, LLC'S MOTION TO DISMISS (DOCKET NO. 3), DEFENDANT ETHICAON, INC., AND JOHNSON & JOHNSON'S MOTION TO SEVER (DOCKET NO. 6), AND PLAITNIFF BENJAMIN NIETO AND DEBRA DOERR'S MOTIONTO REMAND (DOCKET NO. 9), IT IS HEREBY ORDERED THAT ORAL ARGUMENT ON THE MOTIONS SHALL BE HELD ON OCTOBER 1, 2019 AT 2:30PM IN READING COURTROOM. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 08/30/2019. 8/30/2019 ENTERED AND COPIES MAILED AND E-MAILED AND MAILED TO UNREPRESENTED PARTIES(DT)
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Filing 12
ORDER OF 8/30/2019 THAT THE PALINTIFF'S MOTION FOR LEAVE TO EXTNED THE TIME TO FILE OPPOSITION MOTIONS AND BRIEFS TO DEFENDANT'S MOTION TO DISMISS, SEVER AND TRANSFER WITHIN 14 DAYS OF THIS COURT RULING ON THE PLAINTIFF'S MOTION TO REMAND IS GRANTED. THE PLAITNIFFS ARE HEREBY ALLOWED TO FILE ANY OPPOSITION MOTIONS AND BRIEFS TO THE DEFENDANTS MOTIONS TO DISMISS, SEVER AND TRANSFER WITHIN FOURTEEN DAYS OF THIS COURT'S RULING AND ORDER ON PLAINTIFFS' MOTIONS TO REMAND UNLESS DETERMINED OTHERWISE BY ORDER OF THIS COURT. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 8/30/2019. 8/30/2019 ENTERED AND COPIES E-MAILED AND MAILED, MAILED TO UNREPRESENTED PARTIES. (DT) Modified on 8/30/2019 (dt, ). Modified on 8/30/2019 (dt, ).
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Dismiss filed by DEBRA DOERR, BENJAMIN NIETO, MICHAEL THOMPSON. Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(SHERRY, DANIEL) Modified on 8/29/2019 (lisad, ). |
| Filing 10 MOTION to Seal filed by DEBRA DOERR, BENJAMIN NIETO, MICHAEL THOMPSON. Certificate of Service. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order)(SHERRY, DANIEL) Modified on 8/29/2019 (lisad, ). |
| Filing 9 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO, MICHAEL THOMPSON. Certificate of Service. (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A-2, #3 Exhibit Exhibit A-3, #4 Memorandum Memorandum in Support, #5 Text of Proposed Order Proposed Order)(SHERRY, DANIEL) Modified on 8/29/2019 (lisad, ). |
| Filing 8 MOTION to Remand filed by DEBRA DOERR, BENJAMIN NIETO.. (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A-2, #3 Exhibit Exhibit A-3, #4 Memorandum Memorandum in Support of Motion, #5 Text of Proposed Order Proposed Order)(SHERRY, DANIEL) *FILED IN ERROR BY ATTORNEY; ATTORNEY TO RE-FILE CORRECT DOCUMENT* Modified on 8/28/2019 (lisad, ). |
| Filing 7 NOTICE of Appearance by DANIEL JOSEPH SHERRY, JR on behalf of BENJAMIN NIETO, MICHAEL THOMPSON, DEBRA DOERR. (SHERRY, DANIEL) Modified on 8/29/2019 (lisad, ). |
| Filing 6 MOTION to Sever Plaintiffs and to Transfer Plaintiff Michael Thompson's Claims to the United States District Court for the Western District of Pennsylvania filed by ETHICON, INC., JOHNSON & JOHNSON.Memorandum. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(CALLSEN, JULIE) |
| Filing 5 ANSWER to Complaint by JOHNSON & JOHNSON.(CALLSEN, JULIE) |
| Filing 4 ANSWER to Complaint by ETHICON, INC..(CALLSEN, JULIE) |
| Filing 3 MOTION to Dismiss filed by THE SECANT GROUP, LLC.Memorandum. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(CALLSEN, JULIE) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including JOHNSON & JOHNSON with Certificate of Service by ETHICON, INC., JOHNSON & JOHNSON.(jwl, ) Modified on 8/15/2019 (lisad, ). |
| Filing 1 NOTICE OF REMOVAL by ETHICON, INC., JOHNSON & JOHNSON from Common Pleas Philadelphia, case number 19070243. Certificate of Service. (Filing fee $ 400 receipt number 202078)(jwl, ) |
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