Richardson et al v. Boston Scientific Corporation
| Dawn Richardson and Steve Richardson |
| Boston Scientific Corporation, Ethicon, Inc.,, Johnson & Johnson and Ethicon LLC |
| 1:2019cv02650 |
| May 2, 2019 |
| US District Court for the Eastern District of New York |
| Raymond J Dearie |
| Roanne L Mann |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2019. A more recent docket listing may be available from PACER.
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Filing 61
ORDER: As per the parties #60 STIPULATION of Dismissal, this case is hereby dismissed without prejudice. The Clerk of Court is hereby directed to close this case. So Ordered by Judge Raymond J. Dearie on 6/14/2019. (Almonte, Giselle)
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| Filing 60 STIPULATION of Dismissal Without Prejudice by Boston Scientific Corporation (Tanenbaum, Michael) |
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ORDER. The stipulation of discontinuance is due by June 13, 2019. Ordered by Chief Mag. Judge Roanne L. Mann on 5/14/2019. (Kelson, Lise)
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| Filing 59 STATUS REPORT Joint Status Report by Boston Scientific Corporation (Tanenbaum, Michael) |
| Filing 58 NOTICE by Ethicon LLC, Ethicon, Inc.,, Johnson & Johnson of Change of Attorney Information (Crawford, Kelly) |
| STATUS REPORT ORDER. From a review of the docket in this case, which was recently transferred to this District, it appears that but for the resolution of the various Daubert motions, the case is ready for trial. Counsel are directed to confer and, by May 13, 2019, to file into ECF a joint status report; the parties' submission shall address, among other things, whether the parties have attempted to mediate the case and whether they would prefer to have a settlement conference before this Court or a referral to court-annexed mediation. Ordered by Chief Mag. Judge Roanne L. Mann on 5/8/2019. (Kelson, Lise) |
| Filing 57 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 56 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-05254. Original file certified copy of transfer order and docket sheet received. |
| The case of Richardson et al v. Boston Scientific Corporation, has been transferred from Southern District of West Virginia to the Eastern District of New York. The new case number is 19-cv-2650. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Filing 55 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02326 - Boston Scientific Corporation. (Attachments: #1 ECF 200 - BSC's Master Answer to Pltfs' Master Long Form Complaint, #2 ECF 197 - Master Long Form Complaint and Jury Demand, #3 ECF 611 - Transcript of Status Conference, #4 ECF 3751 - ETHICON WAVE 4 - Pltf's Response to Deft's Motion to Exclude the Testimony of Dr. Jimmy W. Mays, PhD, #5 ECF 4805 - BSC's Memo of Law in Support of Testimony of Jimmy Mays, PhD, #6 ECF 4811 - BSC's Motion to Exclude Testimony of Richard Trepeta, MD and Memo in Support, #7 ECF 4831 - Motion and Memo in Support of Pltf's Motion to Exclude Test Ricardo Caraballo, #8 ECF 4826 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Stephen Badylak, DVM, #9 ECF 4825 - Pltf's Motion and Memo of Law in Support of Motion to Exclude Testimony of Steven Little, PhD, #10 ECF 4976 - BSC's Opp to Pltf's Motion to Exclude Testimony of Stephen Badylak, BVM, PhD, MD, #11 ECF 4973 - Memo in Opp to Pltf's Motion to Exclude Testimony of Dr. Ricardo Caraballo, #12 ECF 4972 - Pltf's Memo in Opposition to Deft's Motion to Exclude Testimony of Pltf's Expert Jimmy Mays, PhD, #13 ECF 4963 - Pltf's Response in Opposition to BSC's Motion to Exclude Testimony of Richard Trepeta, MD, #14 ECF 4979 - Response in Opp to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #15 ECF 5029 - Pltf's Reply to BSC's Opp to Pltf's Motion to Exclude Testimony of Dr. Ricardo Caraballo, #16 ECF 5033 - Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Dr. Stephen Badylak, #17 ECF 5034 - Pltf's Reply to Deft's Response to Pltf's Motion to Exclude Testimony of Steven Little, PhD, #18 ECF 5482 - Pltf's Memo in Opposition to Deft's Motion to Exclude Opinions of Bruce Rosenzweig, MD, #19 ECF 6039 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Bruce Rosenzweig, #20 ECF 6042 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Ricardo Caraballo, #21 ECF 6050 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Richard Trepeta, #22 ECF 6043 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Roger Goldberg, #23 ECF 6044 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Little, #24 ECF 6049 - BSC-MDL - Memo Opinion and Order re Daubert Motion re Dr. Steven Spiegelberg, #25 ECF 6644 - Joint Venue Recommendations, #26 ECF 7011 - BSC's Motion to Exclude General Causation Testimony of Bruce Rosenzweig, MD, #27 ECF 7010 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Jimmy Mays PhD, #28 ECF 7005 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Richard Trepeta, MD, #29 ECF 6907 - ETHICON WAVE 8 - BSC's Notice of Adoption of Prior Daubert Motion to Exclude Jimmy Mays, PhD, #30 ECF 7000 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Ricardo Caraballo for Wave 4 Cases, #31 ECF 6984 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Stephen Badylak for Wave 4 Cases, #32 ECF 6995 - Pltf's Notice of Adoption of Prior Daubert Motion of Dr. Steven Little for Wave 4 Cases, #33 ECF 7004 - WAVE 4 - Pltf's Motion and Memo to Exclude Opinions and Testimony of Stephen Spiegelberg, PhD, #34 ECF 7037 - Pltf's Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig, MD for BSC Wave 4, #35 ECF 7033 - Pltf's Notice of Adoption of Prior Daubert Response of Jimmy Mays, PhD for BSC Wave 4, #36 ECF 7063 - BSC's Notice of Adoption of Prior Daubert Response of Ricardo Caraballo, MD, #37 ECF 7067 - BSC's Notice of Adoption of Prior Daubert Response of Stephen Badylak, PhD, #38 ECF 7066 - BSC's Notice of Adoption of Prior Daubert Response of Steven Little, PhD, #39 ECF 7065 - Pltf's Notice of Adoption of Prior Daubert Response of Dr. Jimmy Mays for Wave 4 Cases, #40 ECF 7049 - Pltf's Notice of Adoption of Prior Daubert Response of Dr. Richard Trepeta for Wave 4 Cases, #41 ECF 7088 - BSC's Response in Opposition to Pltf's Motion to Exclude Testimony of Stephen Spiegelberg, PhD, #42 ECF 7028 - Pltf's Notice of Adoption of Prior Daubert Response of Dr. Richard Trepeta, #43 ECF 7085 - Pltf's Response and Memo to BSC's MTE General Causation Testimony of Bruce Rosenzweig, MD, #44 ECF 7175 - BSC's Reply in Support of Motion to Exclude General Causation Testimony of Bruce Rosenzweig, #45 ECF 7160 - Pltf's Reply in Support of Motion to Exclude Testimony of Stephen Spiegelberg, PhD)(Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 54 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gage, William) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by Dawn Richardson, Steve Richardson (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 52
ORDER (Dismissing the "Ethicon Defendants" with Prejudice and Transferring Cases to MDL 2326) granting the Motion to Dismiss with Prejudice filed in the individual cases listed on Exhibit A; the Clerk is directed to dismiss the Ethicon defendants from the individual civil action(s) with prejudice; if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case; and if there are remaining defendants in an individual action, then (a) if necessary, transfer the case to the MDL 2326, (b) disassociate the case from MDL 2327 and associate the case with MDL 2326, and (c) if the case has a Wave flag set from the Omnibus Order, then change the Wave flag to the appropriate Wave flag. Signed by Judge Joseph R. Goodwin on 4/23/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on the attached Exhibit A) (st) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 51 RESPONSE TO ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 50
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 05/01/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A; on or before 4/30/2019 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 4/17/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibit A) (kp) [Transferred from West Virginia Southern on 5/7/2019.]
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Filing 49
ORDER (Dismissing the "Ethicon Defendants" with Prejudice and Transferring Cases to MDL 2326) granting #45 MOTION to Dismiss With Prejudice due to civil action being compromised and settled; dismiss the Ethicon defendants from the individual civil action(s) with prejudice; Boston Scientific Corporation remains in this civil action, and this action is TRANSFERRED to MDL 2326; (a) transfer the case to the MDL 2326, (b) disassociate the case from MDL 2327 and associate the case with MDL 2326. Signed by Judge Joseph R. Goodwin on 4/17/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 48 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael A. Tanenbaum on behalf of Boston Scientific Corporation. (Tanenbaum, Michael) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 47 JOINT VENUE RECOMMENDATION by Dawn Richardson, Steve Richardson, Boston Scientific Corporation (Lazar, Alan) (Modified on 4/12/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 46
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 5/7/2019.]
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| Filing 45 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss With Prejudice due to civil action being compromised and settled. (Gage, William) (Modified on 4/8/2019 to remove terminated party filer) (mk). [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 44
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) (sak) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
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Filing 43
ORDER The conferences scheduled for April 4 and 5, 2019, in the cases on Exhibits A and B are CANCELLED; the court ORDERS that by 4/15/2019, the parties file a joint document in each of the cases on Exhibits A and B identifying the proper remand or transfer court for each case on Exhibits A and B. Signed by Judge Joseph R. Goodwin on 3/19/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2326; Cases on Exhibits A and B) (st) [Transferred from West Virginia Southern on 5/7/2019.]
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Filing 42
ORDER The Order entered on 1/7/2019 is amended to change the date of the previously scheduled status conferences; directing that the individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and counsel for Boston Scientific Corporation attend a status conference with the court as follows: 1. on Thursday, 4/4/2019 at 9:00 a.m. for the cases listed on Exhibit A; and 2. on Friday, 4/5/2019 at 9:30 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/25/2019. (cc: counsel of record; any unrepresented party) (rmc) [Transferred from West Virginia Southern on 5/7/2019.]
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Filing 41
ORDER directing that individual plaintiffs whose cases are listed on Exhibits A and B and their counsel and Mike Tanenbaum, counsel for Boston Scientific Corporation, as well as leadership plaintiffs' counsel, Henry Garrard and Tom Cartmell, attend a settlement conference with the court as follows: 1. On 3/13/2019, beginning at 9:00 a.m. for the cases listed on Exhibit A; and 2. On 3/14/2019, beginning at 10:00 a.m. for the cases listed on Exhibit B; any plaintiff who fails to comply with this Order may be subject to a substantial sanction, including dismissal with prejudice. Signed by Judge Joseph R. Goodwin on 1/7/2019. (cc: attys; any unrepresented party) (REF: MDL 2326; Cases Listed on Exhibits A and B) (kab) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 40 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Amended Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 39 REPLY by Dawn Richardson, Steve Richardson to #38 Response in Opposition to Plaintiffs' Motion to Strike and Exclude Defendants Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit Supplemental Declaration of Alan Lazar ISO Reply, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration)(Lazar, Alan) (Modified on 11/12/2018 to correct link to #38 response in opposition)(rmc) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 38 RESPONSE by Boston Scientific Corporation in opposition to #37 MOTION by Dawn Richardson, Steve Richardson to Strike and Exclude Defendant's Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Exhibit A, #2 Exhibit B)(Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 37 MOTION by Dawn Richardson, Steve Richardson to Strike and Exclude Defendants Expert Witnesses Pursuant to Rule 37(C). (Attachments: #1 Affidavit Declaration of Alan S. Lazar in Support of Plaintiffs Motion to Strike and Exclude Defendants Expert Witnesses, #2 Exhibit A to Declaration of Alan S. Lazar, #3 Exhibit B to Declaration of Alan S. Lazar, #4 Exhibit C to Declaration of Alan S. Lazar, #5 Proposed Order Granting Plaintiffs Motion to Strike and Exclude Defendants Expert Witnesses)(Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 36
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 5/7/2019.]
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| Filing 35 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 34 CERTIFICATE OF SERVICE by Steve Richardson for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 33 CERTIFICATE OF SERVICE by Dawn Richardson for Response and Objections to Amended Notice of Deposition Duces Tecum. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 32 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Steve Richardson on September 13, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 31 AMENDED NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dawn Richardson on September 13, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 30 CERTIFICATE OF SERVICE by Dawn Richardson, Steve Richardson for Supplemental Rule 26 Designation and Disclosure of Expert Witnesses. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 29 CERTIFICATE OF SERVICE by Dawn Richardson, Steve Richardson for Rule 26(a)(2) Expert Testimony Disclosures. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 28 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Steve Richardson on September 07, 2018 at 1:00 p.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 27 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Dawn Richardson on September 07, 2018 at 10:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 26 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by Dawn Richardson, Steve Richardson, Ethicon, Inc., Johnson & Johnson. (Lazar, Alan) (Modified on 7/25/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 25
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: 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; 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) (pma) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 24 CERTIFICATE OF SERVICE by Dawn Richardson for First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diana Katz Gerstel on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Gerstel, Diana) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 21 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Maha M. Kabbash on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Kabbash, Maha) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly S. Crawford on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Crawford, Kelly) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Gilbert Levy on 4/27/2018 at 9:00 a.m. (Combs, Philip) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 19
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (kp) (ADI) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 17 PLAINTIFF PROFILE FORM filed by Dawn Richardson. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 16 PLAINTIFF PROFILE FORM filed by Dawn Richardson. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 14 MOTION by Brian Peter Murphy to Withdraw as Counsel of Record for Plaintiffs Dawn Richardson, Steve Richardson (Murphy, Brian) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 13 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 5/7/2019.] |
| Filing 12 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 5/7/2019.] |
| Filing 11 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 9/16/2015. Boston Scientific Corporation waiver mailed on 9/15/2015, answer due 11/16/2015. (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Johnson & Johnson, Boston Scientific Corporation, re: #8 Amended Short Form Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Summons - Johnson & Johnson, #2 Summons - Boston Scientific Corporation) (skh) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 8 AMENDED SHORT FORM COMPLAINT filed by Dawn Richardson, Steve Richardson against Ethicon, Inc., Johnson & Johnson, Boston Scientific Corporation. (Attachment: #1 Summons)(Lazar, Alan) (Modified on 9/15/2015 to add party filer) (skh). [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Alan S. Lazar on behalf of Dawn Richardson. (Lazar, Alan) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 5/7/2019.] |
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Filing 5
ORDER: Based on representation of counsel that William Robert Aronin no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where he appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 6/17/2014. (cc: attys; any unrepresented party) (klc) [Transferred from West Virginia Southern on 5/7/2019.]
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| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Brian Peter Murphy on behalf of Dawn Richardson, Steve Richardson. (Murphy, Brian) (Modified on 9/28/2015 to remove and replace incorrect image) (rea). [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 3 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 5/7/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 41 (Defendant Fact Sheet) entered on 03/15/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Defendant's Fact Sheet) (jap) [Transferred from West Virginia Southern on 5/7/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2284552. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 5/7/2019.] |
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