Aveni v. Ethicon, Inc. et al
Plaintiff: Rosalia Aveni
Defendant: Ethicon, Inc., and Johnson & Johnson
Case Number: 2:2020cv05151
Filed: October 23, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Denis R Hurley
Referring Judge: Anne Y Shields
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2020 Filing 62 RULE 56.1 STATEMENT re #33 Response in Opposition to Motion, filed by Rosalia Aveni. (DE LA Cerda, Pedro)
December 1, 2020 Opinion or Order ORDER re #60 Notice: Attorneys Courtney Capshaw, Drew Warren, William Blankenship, III, and Tamara L. Banno are terminated. So Ordered by Judge Denis R. Hurley on 12/1/2020. (Ready, John)
November 24, 2020 Filing 61 NOTICE of Appearance by David Paul Matthews on behalf of Rosalia Aveni (aty to be noticed) (Matthews, David)
November 24, 2020 Filing 60 NOTICE by Rosalia Aveni of Withdrawal of Counsel (Diaz, Yvette)
November 24, 2020 Filing 59 MOTION to Appear Pro Hac Vice by Tim Goss as counsel for Rosalia Aveni Filing fee $ 150, receipt number ANYEDC-13734347. by Rosalia Aveni. (Diaz, Yvette)
November 24, 2020 Filing 58 MOTION to Appear Pro Hac Vice by Richard Freese as counsel for Plaintiff Rosalia Aveni Filing fee $ 150, receipt number ANYEDC-13734325. by Rosalia Aveni. (Diaz, Yvette)
November 24, 2020 Opinion or Order ORDER re #57 Rule 56.1 Statement, filed by Ethicon, Inc., Johnson & Johnson: As further guidance to its Order on October 27, 2020, the Court directs Defendants to provide courtesy copies of the as-filed motion papers from the MDL. The Court deems it unnecessary for the parties to modify and resubmit such papers, except that parties should still submit their Rule 56.1 Statements as directed. Ordered by Judge Denis R. Hurley on 11/24/2020. (Ready, John)
November 24, 2020 Opinion or Order ORDER granting #58 Motion for Leave to Appear Pro Hac Vice; granting #59 Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 11/24/2020. (Mucciaccio, Dina)
November 23, 2020 Filing 57 RULE 56.1 STATEMENT re Order,,, Letter Enclosing Rule 56.1 Statement and Requesting Guidance on Modification of Motion Papers to Comply with this Court's Local Rules and Individual Preferences filed by Ethicon, Inc.,, Johnson & Johnson. (Attachments: #1 Rule 56.1 Statement) (Crawford, Kelly)
November 19, 2020 Filing 56 NOTICE of Appearance by Pedro DE LA Cerda on behalf of Rosalia Aveni (notification declined or already on case) (DE LA Cerda, Pedro)
November 18, 2020 Opinion or Order ORDER granting #55 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 11/18/2020. (Mucciaccio, Dina)
November 17, 2020 Filing 55 MOTION to Appear Pro Hac Vice for Attorney Kevin Edwards as counsel for Plaintiff Rosalia Aveni Filing fee $ 150, receipt number ANYEDC-13696924. by Rosalia Aveni. (Diaz, Yvette)
November 17, 2020 Filing 54 MOTION to Appear Pro Hac Vice as counsel for Plaintiff Rosalia Aveni Filing fee $ 150, receipt number ANYEDC-13695853. by Rosalia Aveni. (Diaz, Yvette)
November 17, 2020 Filing 53 MOTION to Appear Pro Hac Vice as counsel for Plaintiff Rosalia Aveni Filing fee $ 150, receipt number ANYEDC-13695617. by Rosalia Aveni. (Diaz, Yvette)
November 17, 2020 Opinion or Order ELECTRONIC ORDER granting #53 Motion for Leave to Appear Pro Hac Vice; granting #54 Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorneys shall file a notice of appearance and ensure that they receive electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 11/17/2020. (Mucciaccio, Dina)
October 28, 2020 Opinion or Order Attorney Susan M. Robinson; David B. Thomas; William M. Gage and Christy D. Jones terminated. So Ordered by Magistrate Judge Anne Y. Shields on 10/28/2020. (Mucciaccio, Dina)
October 27, 2020 Filing 52 NOTICE of Appearance by Diana Katz Gerstel on behalf of Ethicon, Inc.,, Johnson & Johnson (aty to be noticed) (Gerstel, Diana)
October 27, 2020 Filing 51 NOTICE of Appearance by Maha Munayyer Kabbash on behalf of Ethicon, Inc.,, Johnson & Johnson (aty to be noticed) (Kabbash, Maha)
October 27, 2020 Filing 50 NOTICE by Ethicon, Inc.,, Johnson & Johnson of Withdrawal of Counsel (Crawford, Kelly)
October 27, 2020 Filing 49 NOTICE of Appearance by Kelly Strange Crawford on behalf of Ethicon, Inc.,, Johnson & Johnson (aty to be noticed) (Crawford, Kelly)
October 27, 2020 Opinion or Order ORDER re #28 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment filed by Ethicon, Inc., Johnson & Johnson, #30 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis filed by Ethicon, Inc., Johnson & Johnson. Defendants are directed to file on or before November 24, 2020 a Statement of Material Facts on Summary Judgment pursuant to this Court's Local Rule 56.1. Plaintiff is directed to file on or before December 22, 2020 her Rule 56.1 Statement in response. Within 30 days of Plaintiff filing her Rule 56.1 Statement, Defendants are directed to provide chambers with courtesy copies of the full motion papers relating to both the #28 Motion for Summary Judgement and the #30 Motion to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis. Ordered by Judge Denis R. Hurley on 10/27/2020. (Ready, John)
October 26, 2020 MOTION to Compel to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (see docket entry #30 for paperwork) by Ethicon, Inc.,, Johnson & Johnson. (Florio, Lisa)
October 26, 2020 MOTION for Summary Judgment (see docket entry #28 for paperwork) by Ethicon, Inc.,, Johnson & Johnson. (Florio, Lisa)
October 26, 2020 Filing 48 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. (Cubano, Jazmin)
October 26, 2020 Filing 47 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-04656. Original file certified copy of transfer order and docket sheet received.
October 26, 2020 The case of Aveni v. Ethicon, Inc. et al, has been transferred from Southern District of West Virginia to the Eastern District of New York. The new case number is 20-cv-5151. 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. (Cubano, Jazmin)
October 15, 2020 Filing 46 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2205) Part 1 - Pls' Mot to Exclude Steven MacLean.pdf, #2 Exhibit MDL ECF (2205) Part 2 - Pls' Mot to Exclude Steven MacLean.pdf, #3 Exhibit MDL ECF (2205) Part 3 - Pls' Mot to Exclude Steven MacLean.pdf, #4 Exhibit MDL ECF (2206) - Pls' Mem in Support of Mot to Exclude Steven MacLean.pdf, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean.pdf, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #11 Exhibit MDL ECF (2825) - Pls' Mot to Exclude Steven MacLean.pdf, #12 Exhibit MDL ECF (2826) - Pls' Mem in Support of Mot to Exclude Steven MacLean.pdf, #13 Exhibit MDL ECF (2942) - Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean.pdf, #15 Exhibit MDL ECF (7993) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean.pdf, #16 Exhibit MDL ECF (8206) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 45 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (6887) - Pls' Mot to Exclude Catherine Matthews.pdf, #2 Exhibit MDL ECF (6897) - Pls' Mem in Support of Mot to Exclude Catherine Matthews.pdf, #3 Exhibit MDL ECF (7027) - Defs' Resp to Pls' Mot to Exclude Catherine Matthews.pdf, #4 Exhibit MDL ECF (8035) - Notice of Adoption of Pls' Mot to Exclude Catherine Matthews.pdf, #5 Exhibit MDL ECF (8230) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Catherine Matthews.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski.pdf, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski.pdf, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski.pdf, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski.pdf, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski.pdf, #6 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski.pdf, #7 Exhibit MDL ECF (8041) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski.pdf, #8 Exhibit MDL ECF (8191) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (3617) - Pls' Mot to Exclude John Wagner.pdf, #2 Exhibit MDL ECF (3618) - Pls' Mem in Support of Mot to Exclude John Wagner.pdf, #3 Exhibit MDL ECF (3851) - Pls' Reply in Support of Mot to Exclude John Wagner.pdf, #4 Exhibit MDL ECF (4920) - Defs' Resp to Pls' Mot to Exclude John Wagner.pdf, #5 Exhibit MDL ECF (4876) - Pls' Mot to Exclude John Wagner.pdf, #6 Exhibit MDL ECF (4879) - Pls' Mem in Support of Mot to Exclude John Wagner.pdf, #7 Exhibit MDL ECF (5044) - Pls' Reply to Mot to Exclude John Wagner.pdf, #8 Exhibit MDL ECF (8011) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude John Wagner.pdf, #9 Exhibit MDL ECF (8232) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude John Wagner.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher.pdf, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher.pdf, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher.pdf, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher.pdf, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher.pdf, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher.pdf, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher.pdf, #8 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher.pdf, #9 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher.pdf, #10 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher.pdf, #11 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher.pdf, #12 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher.pdf, #13 Exhibit MDL ECF (4675) Part 1 - Pls' resp to Defs' Mot to Exclude Scott Guelcher.pdf, #14 Exhibit MDL ECF (4675) Part 2 - Pls' resp to Defs' Mot to Exclude Scott Guelcher.pdf, #15 Exhibit MDL ECF (4692) - Defs' Reply in Support of Mot to Exclude Scott Guelcher.pdf, #16 Exhibit MDL ECF (7980) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Scott Guelcher.pdf, #17 Exhibit MDL ECF (8142) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence.pdf, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence.pdf, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence.pdf, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence.pdf, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence.pdf, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence.pdf, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence.pdf, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence.pdf, #9 Exhibit MDL ECF (8053) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence.pdf, #10 Exhibit MDL ECF (8156) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis.pdf, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis.pdf, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis.pdf, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis.pdf, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption.pdf, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption.pdf, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption.pdf, #8 Exhibit MDL ECF (8048) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Thomas Margolis.pdf, #9 Exhibit MDL ECF (8147) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #38 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #16 Exhibit MDL ECF (8062) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #17 Exhibit MDL ECF (8164) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 15, 2020 Filing 38 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) - First Amended Master Long Form Complaint.pdf, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint.pdf, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint.pdf, #4 Exhibit MDL ECF (262) - Short Form Complaint.pdf, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint.pdf)(Robinson, Susan) (Modified on 10/16/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
October 9, 2020 Opinion or Order Filing 37 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 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 10/22/2020 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 10/9/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from West Virginia Southern on 10/26/2020.]
June 2, 2019 Filing 36 REPLY by Ethicon, Inc., Johnson & Johnson to #34 Response In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
June 2, 2019 Filing 35 REPLY by Ethicon, Inc., Johnson & Johnson to #33 Response In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
May 24, 2019 Filing 34 RESPONSE and Memorandum of Law by Rosalia Aveni in opposition to #30 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Goss, Tim) (Modified on 5/24/2019 to remove link to #31 Memorandum In Support) (slr). [Transferred from West Virginia Southern on 10/26/2020.]
May 23, 2019 Filing 33 RESPONSE by Rosalia Aveni to #28 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Goss, Tim) (Modified on 5/24/2019 to remove link to #29 memorandum of law) (msa). [Transferred from West Virginia Southern on 10/26/2020.]
May 13, 2019 Filing 32 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Amended Designation and Disclosure of General and Case Specific Expert Witnesses. (Gage, William) [Transferred from West Virginia Southern on 10/26/2020.]
May 12, 2019 MOTION to Compel (see document #30 to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis by Ethicon, Inc.,, Johnson & Johnson. (Cubano, Jazmin)
May 12, 2019 Filing 31 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #30 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
May 12, 2019 Filing 30 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Attachments: #1 Exhibit A-B)(Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
May 8, 2019 MOTION for Summary Judgment see document #28 Motion for Summary Judgment by Ethicon, Inc.,, Johnson & Johnson. (Cubano, Jazmin)
May 8, 2019 Filing 29 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #28 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
May 8, 2019 Filing 28 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A-L)(Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
April 10, 2019 Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
March 27, 2019 Filing 26 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 10/26/2020.]
March 21, 2019 Filing 25 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael Thomas Margolis on 4/13/19 at 9:00 a.m. PDT (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
March 19, 2019 Filing 24 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Harvey Winkler on 3/22/19 at 2:00 p.m. EDT (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
February 25, 2019 Filing 23 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Harvey Winkler on 3/22/19 at 2:00 p.m. EST (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
February 22, 2019 Filing 22 CERTIFICATE OF SERVICE by Rosalia Aveni for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Goss, Tim) [Transferred from West Virginia Southern on 10/26/2020.]
February 20, 2019 Filing 21 RETURN OF SERVICE ON SUBPOENA for Charles Libby, MD. (Goss, Tim) [Transferred from West Virginia Southern on 10/26/2020.]
February 12, 2019 Filing 20 AMENDED NOTICE OF VIDEO DEPOSITION by Rosalia Aveni of Charles E. Libby, M.D. on March 29, 2019 at 1:00 P.M. (Eastern Standard Time) (Goss, Tim) [Transferred from West Virginia Southern on 10/26/2020.]
February 7, 2019 Filing 19 NOTICE OF APPEARANCE by Peter de la Cerda, Kevin L. Edwards, Yvette Diaz, William F. Blankenship III, Drew Warren, and Courtney Capshaw on behalf of Rosalia Aveni. (Goss, Tim) (Modified on 2/19/2019 to list attorneys)(rmc) [Transferred from West Virginia Southern on 10/26/2020.]
February 1, 2019 Filing 18 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Rosalia Aveni on 02/25/19 at 1:00 p.m. EST (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
January 23, 2019 Filing 17 NOTICE of Issuance of Subpoena to Rosalia Aveni by Ethicon, Inc., Johnson & Johnson (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
January 23, 2019 Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Rosalia Aveni on 02/18/19 at 1:00 p.m. CST (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
December 20, 2018 Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
December 3, 2018 Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from West Virginia Southern on 10/26/2020.]
November 6, 2018 Filing 12 NOTICE OF VIDEO DEPOSITION by Rosalia Aveni of Charles E. Libby, M.D. on 2/25/2019 at 1:00 p.m. (Goss, Tim) (Modified on 11/7/2018 to convert event to notice to take or amend deposition) (kp). [Transferred from West Virginia Southern on 10/26/2020.]
October 31, 2018 Opinion or Order Filing 13 PRETRIAL ORDER # 320 (Docket Control Order - Ethicon, Inc. Wave 10 Cases) The cases on Exhibits A are: 1.) removed from the pending inactive docket; and 2.) placed on the active docket. As to the cases on Exhibits A and B: 1.) The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2.) To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3.) The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 10 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES. The following deadlines shall apply in all Ethicon Wave 10 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 10 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
October 31, 2018 Opinion or Order Filing 11 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) (ts) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
August 15, 2018 Opinion or Order Filing 10 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (ts) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
May 9, 2018 Opinion or Order Filing 9 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (lca) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
March 29, 2018 Opinion or Order Filing 8 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (lca) (ADI) [Transferred from West Virginia Southern on 10/26/2020.]
October 19, 2017 Opinion or Order Filing 7 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (mks) [Transferred from West Virginia Southern on 10/26/2020.]
October 17, 2016 Opinion or Order Filing 6 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 7/1/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 2899 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 10/17/2016. (cc: attys; any unrepresented party) (kll) [Transferred from West Virginia Southern on 10/26/2020.]
May 24, 2016 Opinion or Order Filing 5 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) (klc) [Transferred from West Virginia Southern on 10/26/2020.]
May 15, 2015 Filing 4 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 10/26/2020.]
May 6, 2015 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 10/26/2020.]
April 16, 2015 Filing 2 TRANSMITTED PRETRIAL ORDER # 169 (Initial Order Regarding Severance of Actions) entered on 04/10/2015 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (kw) [Transferred from West Virginia Southern on 10/26/2020.]
April 15, 2015 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3836975. (Attachment: #1 Civil Cover Sheet) (bw) [Transferred from West Virginia Southern on 10/26/2020.]

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Search for this case: Aveni v. Ethicon, Inc. et al
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Plaintiff: Rosalia Aveni
Represented By: Pedro DE LA Cerda
Represented By: Kevin L. Edwards
Represented By: William F. Blankenship, III
Represented By: Drew Warren
Represented By: Tim K. Goss
Represented By: Yvette Diaz
Represented By: Courtney Capshaw
Represented By: Tamara L. Banno
Represented By: David Paul Matthews
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Defendant: Ethicon, Inc.,
Represented By: Susan M. Robinson
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Christy D. Jones
Represented By: Maha Munayyer Kabbash
Represented By: Diana Katz Gerstel
Represented By: Kelly Strange Crawford
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Defendant: Johnson & Johnson
Represented By: Susan M. Robinson
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Christy D. Jones
Represented By: Maha Munayyer Kabbash
Represented By: Diana Katz Gerstel
Represented By: Kelly Strange Crawford
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