Butler v. Ethicon, Inc. et al
| Stacey Butler |
| Ethicon Inc. and Johnson & Johnson |
| 1:2020cv00262 |
| March 10, 2020 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Miroslav Lovric |
| Frederick J Scullin |
| Daniel J Stewart |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 68
TEXT ORDER: deeming this case related to Balura et al. v. Ethicon Inc., et al., Civil Action No. 3:19-CV-1372 (LEK/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources. Additionally, actions involving common questions of law or fact pending before a court may be consolidated to avoid unnecessary costs or delay pursuant to Fed. R. Civ. P., Rule 42(a). As a result, the Court finds that consolidation is appropriate; Civil Action No. 3:19-CV-1372 (LEK/ML) shall be deemed the "Lead Case" and this case shall be deemed a "Member Case." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:19-cv-1372 (LEK/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/24/2020.(jdp )
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| DOCKET ANNOTATION: Case 3:19-CV-1372 will be the lead case and all further docketing shall be done in the lead case only. (jdp ) |
| Filing 67 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ethicon Inc., Johnson & Johnson. (Kabbash, Maha) |
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Filing 66
TEXT ORDER: Defendants' joint letter request #65 is GRANTED. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/19/2020. (jdp )
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| Filing 65 Letter Motion for Ethicon Inc., Johnson & Johnson requesting Relief from Rule 26 Obligations submitted to Judge Miroslov Lovric, U.S.M.J. . (Kabbash, Maha) |
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Filing 64
ORDER REASSIGNING CASE: Case reassigned to Senior Judge Lawrence E. Kahn and Magistrate Judge Miroslav Lovric for all further proceedings. Senior Judge Frederick J. Scullin, Jr. and Magistrate Judge Daniel J. Stewart no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on March 17, 2020. (kmp)
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| Filing 63 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) |
| Filing 62 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of Counsel (Kabbash, Maha) |
| Filing 61 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Kabbash, Maha) |
| Filing 60 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/10/2020 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/3/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (plp, ) |
| Filing 59 NOTICE of Admission Requirement as to Defendants; Attorney William M. Gage, Esq., Email address is william.gage@butlersnow.com. Phone number is 601-985-4561. Admissions due by 3/24/2020. (plp) |
| Filing 58 NOTICE of Admission Requirement as to Defendants; Attorney Kari L. Sutherland, Esq., Email address is kari.sutherland@butlersnow.com. Phone number is 901-680-7354. Admissions due by 3/24/2020. (plp) |
| Filing 57 NOTICE of Admission Requirement as to Defendants; Attorney Eileen Marie Somers, Esq., Email address is eileen.somers@faegredrinker.com. Phone number is 215-988-2800. Admissions due by 3/24/2020. (plp) |
| Filing 56 NOTICE of Admission Requirement as to Defendants; Attorney Susan M. Robinson, Esq., Email address is srobinson@tcspllc.com. Phone number is 304-414-1800. Admissions due by 3/24/2020. (plp) |
| Filing 55 NOTICE of Admission Requirement as to Defendants; Attorney Melissa A. Merk, Esq., Email address is melissa.merk@faegredrinker.com. Phone number is 215-988-2700. Admissions due by 3/24/2020. (plp) |
| Filing 54 NOTICE of Admission Requirement as to Defendants; Attorney David B. Thomas, Esq., Email address is dthomas@tcspllc.com. Phone number is 304-414-1800. Admissions due by 3/24/2020. (plp) |
| Filing 53 NOTICE of Admission Requirement as to Defendants; Attorney Christy D. Jones, Esq., Email address is christy.jones@butlersnow.com. Phone number is 601-948-5711. Admissions due by 3/24/2020. (plp, ) |
| Filing 52 NOTICE of Admission Requirement as to Plaintiff Butler; Attorney Mary Ellen Wright, Esq., Email address is mwright@lawampm.com. Phone number is 845-562-0203. Admissions due by 3/24/2020. (plp) |
| Filing 51 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-01541. electronically transferred when case opened |
| Filing 50 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2060) Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 49 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2205) Part 1 Pls Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 Pls Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 Pls Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) Pls Mem in Support of Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) Pls Reply to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 Defs Resp to Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) Pls Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) Pls Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) Defs Resp to Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) Pls Reply to Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (6824) Notice of Adoption of Pls Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (6998) Notice of Adoption of Response to Pls Mot to Exclude Steven Maclean, #17 Exhibit MDL ECF (7100) Notice of Adoption of Reply to Pls Mot to Exclude Steven Maclean)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 48 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (4877) Part 1 Pls Mot to Exclude Lawrence Lind, #2 Exhibit MDL ECF (4877) Part 2 Pls Mot to Exclude Lawrence Lind, #3 Exhibit MDL ECF (4878) Pls Mem in Support of Mot to Exclude Lawrence Lind, #4 Exhibit MDL ECF (4945) Defs Resp to Mot to Exclude Lawrence Lind, #5 Exhibit MDL ECF (6818) Notice of Adoption of Pls Mot to Exclude Lawrence Lind, #6 Exhibit MDL ECF (6946) Notice of Adoption of Response to Pls Mot to Exclude Lawrence Lind)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 47 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2050) Pls Mot to Exclude Nicole Fleischmann, #2 Exhibit MDL ECF (2051) Pls Mem in Support of Mot to Exclude Nicole Fleischmann, #3 Exhibit MDL ECF (2159) Defs Resp to Mot to Exclude Nicole Fleischmann, #4 Exhibit MDL ECF (2230) Pls Reply to Mot to Exclude Nicole Fleischmann, #5 Exhibit MDL ECF (6798) Notice of Adoption of Pls Mot to Exclude Nicole Fleischmann, #6 Exhibit MDL ECF (7019) Notice of Adoption of Response to Pls Mot to Exclude Nicole Fleischmann, #7 Exhibit MDL ECF (7440) Notice of Adoption of Reply to Pls Mot to Exclude Nicole Fleischmann)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 46 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2820) Defs Mot to Exclude Dionysios K. Veronikis, #2 Exhibit MDL ECF (2821) Defs Mem in Support of Mot to Exclude Dionysios K. Veronikis, #3 Exhibit MDL ECF (2890) Pls Resp to Mot to Exclude Dionysios K. Veronikis, #4 Exhibit MDL ECF (3033) Defs Reply to Mot to Exclude Dionysios K. Veronikis, #5 Exhibit MDL ECF (6854) Notice of Adoption of Defs Mot to Exclude Dionysios K. Veronikis, #6 Exhibit MDL ECF (6964) Notice of Adoption of Pls Response to Defs Mot to Exclude Dionysios K. Veronikis, #7 Exhibit MDL ECF (7156) Notice of Adoption of Reply to Defs Mot to Exclude Dionysios K. Veronikis)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 45 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (6852) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (6960) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (3626) Part 1- Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 2 - Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3630) Defs Mem in Support of Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3767) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 4 Pls Resp to Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (6648) - Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (6926) Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (7123) Notice of Adoption of Reply to Defs Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #42 CONTINUED, MDL ECF (2082) Part 1 - Defs Mot to Exclude Daniel Elliott, #2 Exhibit MDL ECF (2082) Part 2 - Defs Mot to Exclude Daniel Elliott, #3 Exhibit MDL ECF (2082) Part 3 - Defs Mot to Exclude Daniel Elliott, #4 Exhibit MDL ECF (2191) Pls Amended Resp to Mot to Exclude Daniel Elliott, #5 Exhibit MDL ECF (2815) Defs Mem in Support of Mot to Exclude Daniel Elliott, #6 Exhibit MDL ECF (2952) Pls Resp to Mot to Exclude Daniel Elliott, #7 Exhibit MDL ECF (5339) Part 1 - Defs Mot to Exclude Daniel Elliott, #8 Exhibit MDL ECF (5339) Part 2 - Defs Mot to Exclude Daniel Elliott, #9 Exhibit MDL ECF (5340) Defs Mem in Support of Mot to Exclude Daniel Elliott, #10 Exhibit MDL ECF (5491) Pls Resp to Mot to Exclude Daniel Elliott, #11 Exhibit MDL ECF (6842) - Notice of Adoption of Defs Mot and Mem in Support of Mot to Exclude Daniel Elliott, #12 Exhibit MDL ECF (6922) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Daniel Elliott)(Gage, William)(Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 42 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, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 2/28/2020 to add party filer) (msa). [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 41
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 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 03/05/2020 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 02/21/2020. (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 3/10/2020.]
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| Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by Stacey Butler (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 38
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 3/10/2020.]
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Filing 37
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 36 REPLY by Ethicon, Inc., Johnson & Johnson to #34 Response In Opposition. (Attachments: #1 Exhibit, #2 Exhibit)(Merk, Melissa) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 35
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 3/10/2020.]
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| Filing 34 OPPOSITION by Stacey Butler to #32 MOTION by Ethicon, Inc. and Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Wright, Mary) (Modified text on 10/26/2018) (slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 33 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #32 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Merk, Melissa) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 32 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Merk, Melissa) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 31 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Stacey Butler. (Merk, Melissa) (Modified on 10/9/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 30
ORDER granting #27 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing; and denying as moot #25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 9/28/2018. (cc: attys; any unrepresented party) (brn) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 29 NOTICE OF VIDEO DEPOSITION by Stacey Butler of Dr. Sean Ryan on September 7, 2018 at 1:00 p.m. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 27 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing (Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 26 CERTIFICATE OF SERVICE by Stacey Butler for Amended Designation and Disclosure of Case-Specific Expert Witnesses. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss and Supporting Memorandum for Failure to Comply With PTO #303 or Alternatively to Show Cause for Failure to Comply with PTO #303 and Request for Expedited Briefing. (Attachment: #1 Exhibit 1)(Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Stacey Butler for Response to Ethicon, Inc.'s First Set of Interrogatories, Requests for Admission and Requests for Production. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 22
ORDER The #20 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (st) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 21 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #20 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing (Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 23
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: 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; and 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) (mek) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 20 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 19 CERTIFICATE OF SERVICE by Stacey Butler for Designation and Disclosure of Case-Specific Expert Witnesses. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Stacey Butler for Rule 26(a)(1) Disclosures. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 16 NOTICE OF APPEARANCE by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Stacey Butler on June 13, 2018 at 11:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 14 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #12 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE by Kenneth Brian Fromson on behalf of Stacey Butler. (Fromson, Kenneth) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Sean Ryan on 4/17/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 11
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) (kab) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 10 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 3/10/2020.] |
| Filing 9 PLAINTIFF PROFILE FORM filed by Stacey Butler. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 8 PLAINTIFF FACT SHEET filed by Stacey Butler. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 7 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 3/10/2020.] |
| Filing 6 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 3/10/2020.] |
| Filing 5 SUMMONS RETURNED EXECUTED for All Defendants, All Defendants. (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Johnson & Johnson, re: #1 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). (Attachment: #1 Summons - Johnson & Johnson) (skh) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 3 SUMMONS SUBMITTED by Stacey Butler for Ethicon, Inc. and Johnson & Johnson re: #1 Short Form Complaint (Wright, Mary) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 163 (Order Rescheduling Meetings in MDLs from January 29-30, 2015 to February 5-6, 2015) entered on 01/26/2015 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3676529. (Attachments: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 3/10/2020.] |
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