DATTOLICO v. JOHNSON & JOHNSON et al
| Joan Dattolico and Michael Dattolico |
| JOHNSON & JOHNSON and ETHICON INC. |
| PETER J. GRILLI |
| 3:2020cv16574 |
| November 19, 2020 |
| US District Court for the District of New Jersey |
| Douglas E Arpert |
| Freda L Wolfson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
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Filing 57
ORDER that Civil action No. 3:20-cv-16574 is consolidated into the Civil action No. 3:18-cv-16079-FLW-DEA docket for discovery purposes only. The Clerk is directed not to close the Dattolico v. Johnson & Johnson, et al. docket, which will remain open for case specific filings. Signed by Magistrate Judge Douglas E. Arpert on 1/08/2021. (jem)
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| Cases associated: Create association to 3:18-cv-16079-FLW-DEA. (jem) |
| Filing 56 Letter from Joshua S. Kincannon, Esq. to the Honorable Douglas Arpert Re Consolidation of Dattolico in Oglesby. (Attachments: #1 Text of Proposed Order of Consolidation)(KINCANNON, JOSHUA) |
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Filing 55
ORDER granting leave to appear pro hac vice as to Robert Price, Esq. Signed by Magistrate Judge Douglas E. Arpert on 12/4/2020. (jmh)
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| Filing 54 Letter from Joshua S. Kincannon to the Honorable Douglas Arpert Re Pro Hac Vice Admission for Robert Price, Esq.. (Attachments: #1 Certification of Joshua Kincannon Esq. in Support of PHV Admission of Robert Price, Esq., #2 Certification of Robert Price, Esq. in Support of PHV Admission, #3 Supplement Granting Admission PHV)(KINCANNON, JOSHUA) |
| Filing 53 NOTICE of Appearance by JOSHUA S. KINCANNON on behalf of Michael Dattolico (KINCANNON, JOSHUA) |
| Filing 52 NOTICE of Appearance by DAVID R. KOTT on behalf of ETHICON INC., JOHNSON & JOHNSON (KOTT, DAVID) |
| Filing 51 Certified Copy of Transfer Order and docket received, Case transferred in from District of Florida Middle; Case Number 8:19-cv-01198. Original file certified copy of transfer order and docket sheet received. |
| Chief Judge Freda L. Wolfson and Magistrate Judge Douglas E. Arpert added. (mg) |
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Filing 50
ORDER granting #47 --motion to transfer; directing the clerk to TRANSFER this action to the District of New Jersey, Trenton Division, and to CLOSE this case; denying as moot #49 --motion to stay discovery deadlines. Signed by Judge Steven D. Merryday on 11/17/2020. (BK)
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| Filing 49 Unopposed MOTION to Stay Current Deadlines by Michael Dattolico. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Price, Robert) Modified text on 11/17/2020 (MCB). |
| Filing 48 RESPONSE in Opposition re #47 MOTION to Change Venue / Transfer Case filed by Ethicon, Inc., Johnson & Johnson. (Walker, Joshua) |
| Filing 47 MOTION to Change Venue / Transfer Case by Michael Dattolico. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order)(Price, Robert) Modified text on 11/4/2020 (MCB). |
| ***PRO HAC VICE FEES paid by attorney Orland R. Richmond, Sr. (Filing fee $150 receipt number TPA061215.) Related document: #42 MOTION for Orlando R. Richmond, Sr., Esquire to appear pro hac vice . (ARC) |
| Filing 46 STIPULATION re #45 Order on Motion to Amend / Correct / Modify / Supplement Joint by Ethicon, Inc., Johnson & Johnson. (Walker, Joshua) |
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Filing 45
ORDER granting #44 --unopposed motion to extend the deadlines in the scheduling order; ordering the parties to conform to the schedule proposed in the table on page four of the motion; scheduling the pretrial conference for July 8, 2021 at 2:00 p.m. before Magistrate Judge Julie S. Sneed. Signed by Judge Steven D. Merryday on 6/16/2020. (GSO)
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| Filing 44 Unopposed MOTION to Modify by Michael Dattolico. (Price, Robert) |
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Filing 43
ORDER granting #42 Defendants' Unopposed Motion for Admission of Orlando R. Richmond, Sr. Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on 6/15/2020. (JAR)
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| Filing 42 MOTION for Orlando R. Richmond, Sr., Esquire to appear pro hac vice by Ethicon, Inc., Johnson & Johnson. (Walker, Joshua) Motions referred to Magistrate Judge Julie S. Sneed. |
| ***PRO HAC VICE FEES paid by attorney James Barry, appearing on behalf of Michael Dattolico (Filing fee $150 receipt number TPA060898.) Related document: #34 Unopposed MOTION for James Barry to appear pro hac vice . (JLD) |
| Filing 41 MEDIATION report Hearing held on April 24, 2020. Hearing outcome: The parties have reached an impasse. (Grilli, Peter) Modified on 4/24/2020 (DG). |
| Filing 40 NOTICE of mediation conference/hearing to be held on April 24, 2020 at 9:30 a.m. before Peter J. Grilli. (Walker, Joshua) |
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Filing 39
ORDER granting #36 and #37 --motions concerning deadlines; re-scheduling the pre-trial conference for 2/4/2021 at 2:00 p.m. before Magistrate Judge Sneed; moving the trial to the March 2021 trial term; extending the mediation deadline to 4/24/2020; notice of mediation due 4/3/2020. Signed by Judge Steven D. Merryday on 3/26/2020. (BK)
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| Set/reset deadlines/hearings: Conduct mediation hearing by 4/24/2020; jury trial scheduled on the March 2021 calendar; pretrial conference scheduled for 2/4/2021 at 02:00 PM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed (BK) |
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Filing 38
ORDER re civil cases assigned to Judge Merryday with an order to mediate. SEE ORDER FOR DETAILS CONCERNING APPEARANCE AT MEDIATION. Signed by Judge Steven D. Merryday on 3/20/2020. (BK)
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| Filing 37 Unopposed MOTION for Miscellaneous Relief, specifically Modification of Mediation Deadline by Michael Dattolico. (Price, Robert) |
| Filing 36 Unopposed MOTION for Miscellaneous Relief, specifically Modification of Scheduling Order by Michael Dattolico. (Attachments: #1 Text of Proposed Order)(Price, Robert) |
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Filing 35
ORDER granting #34 Plaintiff's Unopposed Motion for Admission of James Barry, Esquire Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on 3/12/2020. (JAR)
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| Filing 34 Unopposed MOTION for James Barry to appear pro hac vice by Michael Dattolico. (Price, Robert) Motions referred to Magistrate Judge Julie S. Sneed. |
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Filing 33
ORDER granting #32 Defendants' Unopposed Motion for Entry of Agreed Protective Order. Signed by Magistrate Judge Julie S. Sneed on 3/10/2020. (JAR)
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| Filing 32 Unopposed MOTION for Protective Order by All Defendants. (Attachments: #1 Exhibit A)(Walker, Joshua) Motions referred to Magistrate Judge Julie S. Sneed. |
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Filing 31
ORDER granting #30 --motion to modify the scheduling order; directing the parties to conform to the schedule on page 2 of the motion; scheduling the pretrial conference for 12/15/2020 at 2:00 p.m. before Magistrate Judge Sneed; placing the trial on the January 2021 trial calendar. Signed by Judge Steven D. Merryday on 2/12/2020. (BK)
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| Filing 30 Unopposed MOTION to modify Motion for Modification of Scheduling Order by Michael Dattolico. (Attachments: #1 Text of Proposed Order)(Price, Robert) |
| Filing 29 NOTICE of change of address by Joshua B. Walker (Walker, Joshua) |
| Filing 28 NOTICE of mediation conference/hearing to be held on March 24, 2020 at 10:00 a.m. before Peter J. Grilli, P.A.. (Walker, Joshua) |
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Filing 27
ORDER appointing Peter J. Grilli as mediator; designating Joshua Walker as lead counsel; setting 3/30/2020 as the mediation deadline; directing counsel to file a notice within seven days giving the date and time of mediation. Signed by Judge Steven D. Merryday on 1/8/2020. (GSO)
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Filing 26
ORDER re #25 --stipulation; dismissing with prejudice the claims of Joan Dattolico. Signed by Judge Steven D. Merryday on 10/18/2019. (BK)
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| Filing 25 STIPULATION of Dismissal by Joan Dattolico. (Price, Robert) |
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial conference scheduled for 10/13/2020 at 2:00 PM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed; jury trial scheduled for the November 2020 trial calendar in Tampa Courtroom 15A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 7/18/2019. (GSO)
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| Filing 23 CASE MANAGEMENT REPORT. (Walker, Joshua) |
| Filing 22 RETURN of service executed on 5/16/19 by Michael Dattolico, Joan Dattolico as to Johnson & Johnson. (Preston, Andrea) |
| Filing 21 RETURN of service executed on 5/16/19 by Michael Dattolico, Joan Dattolico as to Ethicon, Inc.. (Preston, Andrea) |
| ***PRO HAC VICE FEES paid by attorney Richard M. Dye, Esq, appearing on behalf of Ethicon, Inc., Johnson & Johnson (Filing fee $150 receipt number TPA057141.) Related document: #19 Unopposed MOTION for Richard M. Dye to appear pro hac vice. (JCG) |
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Filing 20
ORDER granting #19 Defendant's Unopposed Motion for Admission of Richard M. Dye, Esquire Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on 6/27/2019. (JAR)
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| Filing 19 Unopposed MOTION for Richard M. Dye to appear pro hac vice by All Defendants. (Walker, Joshua) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Ethicon, Inc., Johnson & Johnson. (Walker, Joshua) |
| Filing 17 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Ethicon, Inc., Johnson & Johnson. Related case(s): no (Walker, Joshua) |
| Filing 16 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Johnson & Johnson.(Walker, Joshua) |
| Filing 15 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Ethicon, Inc.(Walker, Joshua) Modified on 6/4/2019 (DG). |
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Filing 14
ORDER re #6 --related case order and track two notice. See document for details. Signed by Judge Steven D. Merryday on 5/28/2019. (GSO)
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| Filing 12 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Michael Dattolico. Related case(s): yes (Preston, Andrea) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Michael Dattolico. (Preston, Andrea) |
| Filing 13 TRANSFER IN from Orlando Division on 05/15/2019 Case Number 6:19-cv-811. Case assigned to District Judge Steven D. Merryday and Magistrate Judge Julie S. Sneed. New Case Number: 8:19-cv-1198-T-23JSS. (DG) |
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Filing 10
ORDER: This case is transferred to the United States District Court for the Middle District of Florida, Tampa Division for all further proceedings. The Clerk is directed to forward the file to that Division. Signed by Judge Paul G. Byron on 5/15/2019. (MMW)
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| Filing 9 SUMMONS issued as to Ethicon, Inc., Johnson & Johnson. (LMM) |
| Filing 8 Case Reassigned to Judge Paul G. Byron. New case number: 6:19-cv-811-Orl-40LRH. Judge Gregory A. Presnell no longer assigned to the case. (MAA) |
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Filing 7
ORDER that this case be reassigned to another judge of this District for all further proceedings in light of a financial conflict of interest with the Defendant, Johnson & Johnson. Signed by Judge Gregory A. Presnell on 5/14/2019. (TKW)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 5/17/2019. Signed by Judge Gregory A. Presnell on 5/3/2019. Copies mailed. (LAM)
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Filing 5
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 5/17/2019. Signed by Judge Gregory A. Presnell on 5/3/2019. Copies mailed. (LAM)
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| Filing 4 NOTICE FROM Judicial Panel on Multidistrict Litigation: The Clerk of the Panel has determined the listed action is not appropriate for inclusion in this MDL. See Rule 7.1(b)(i). Associated Cases: MDL No. 2327, FLM/6:19-cv-00811. Signed by Clerk of the Panel John W. Nichols on 5/2/2019.(MAA) |
| FILING FEES paid by All Plaintiffs (Filing fee $400.00 receipt number ORL082364) (JP) |
| Filing 3 POSSIBLE MDL Tag Along case for MDL Case Number 2327, In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation. Information emailed to MDL Panel on 4/30/2019, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Complaint, #2 Docket) (LMM) |
| Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Leslie R. Hoffman. New case number: 6:19-cv-811-Orl-31LRH. (SJB) |
| Filing 1 COMPLAINT against Johnson & Johnson and Ethicon, Inc. with Jury Demand filed by Michael Dattolico, Joan Dattolico. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Price, Robert) Modified on 4/29/2019 to correct docket text (SJB). Modified on 4/30/2019 (LMM). |
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