Illjes et al v. Ethicon, Inc. et al
| Lori Illjes and Robert Illjes |
| Ethicon Inc. and Johnson & Johnson |
| 1:2020cv00266 |
| March 10, 2020 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Miroslav Lovric |
| Thomas J McAvoy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 61
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 4/23/2020.(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 ) |
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Filing 60
ORDER granting #52 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/31/2020. (jdp, )
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Filing 59
ORDER granting #51 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/30/2020. (jdp, )
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| Filing 58 Supplemental Admission documents re: #52 Motion for Limited Admission Pro Hac Vice. (Balefsky, Lee) |
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Filing 57
ORDER granting #50 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/30/2020. (jdp, )
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| Filing 56 NOTICE of Appearance by John K. Powers on behalf of All Plaintiffs (Powers, John) |
| Filing 55 Supplemental Admission documents re: #52 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Filing 54 Supplemental Admission documents re: #51 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Filing 53 Supplemental Admission documents re: #50 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Notice of Filing Deficiency re: #51 Motion for Limited Admission Pro Hac Vice of Christopher Gomez. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice published by the Court on 12/2019 The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #52 Motion for Limited Admission Pro Hac Vice Lee B. Balefsky. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice in the form published by the Court on 12/2019The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 52 MOTION for Limited Admission Pro Hac Vice of Lee B. Balefsky Filing fee $100, receipt number ANYNDC-5071140. filed by Lori Illjes, Robert Illjes. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 51 MOTION for Limited Admission Pro Hac Vice of Christopher A. Gomez Filing fee $100, receipt number ANYNDC-5071139. filed by Lori Illjes, Robert Illjes. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 50 MOTION for Limited Admission Pro Hac Vice of Aaron L. Dunbar Filing fee $100, receipt number ANYNDC-5071135. filed by Lori Illjes, Robert Illjes. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 49 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura) |
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Filing 48
ORDER REASSIGNING CASE. Case reassigned to Senior Judge Lawrence E. Kahn and Magistrate Judge Miroslav Lovric for all further proceedings. Senior Judge Thomas J. McAvoy, US Magistrate Judge Andrew T. Baxter no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 3/17/2020. (jel, )
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| Filing 47 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Kabbash, Maha) |
| Filing 46 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) |
| Filing 45 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of Counsel (Gerstel, Diana) |
| Filing 44 NOTICE of Appearance by Diana Katz Gerstel on behalf of Ethicon Inc., Johnson & Johnson (Gerstel, Diana) |
| Filing 43 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/8/2020 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/1/2020. (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 42 NOTICE of Admission Requirement as to Defendants.Daniel R. Higginbotham, Esq., Email address is dhigginbotham@tcspllc.com, Phone 304-414-1800. David B. Thomas, Esq., Email address is dthomas@tcspllc.com, Phone 304-414-1800.Philip J. Combs, Esq., Email address is pcombs@tcspllc.com, Phone 304-414-1800.Susan M. Robinson, Esq., Email address is srobinson@tcspllc.com, Phone 304-414-1800.Admissions due by 3/24/2020. (Attachments: #1 Notice of Admission Requirement (Thomas), #2 Notice of Admission Requirement (Combs), #3 Notice of Admission Requirement (Robinson))(plp) |
| Filing 41 NOTICE of Admission Requirement as to Defendants. Christy D. Jones, Esq., Email address is christy.jones@butlersnow.com, Phone 601-948-5711. Kari L. Sutherland, Esq., Email address is kari.sutherland@butlersnow.com, Phone 901-680-7354. William M. Gage, Esq., Email address is william.gage@butlersnow.com, Phone 601-985-4561. Admissions due by 3/24/2020. (Attachments: #1 Notice of Admission Requirement (Sutherland), #2 Notice of Admission Requirement (Gage))(plp) |
| Filing 40 NOTICE of Admission Requirement as to Plaintiffs; Attorneys Lee B. Balefsky, Email address is Lee.Balefsky@Klinespecter.com, Esq., Michelle L. Tiger, Esq., Email address is mtiger@youmancaputo.com, Priscilla E. Jiminez, Esq., Email address is priscilla.jimenez@klinespecter.com. Phone number is 215-772-1000 for all three attorneys. Admissions due by 3/24/2020. (Attachments: #1 Notice of Admission Requirement (Tiger), #2 Notice of Admission Requirement (Jiminez))(plp) |
| Filing 39 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-05910. electronically transferred when case opened |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 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 (6824) - Notice of Adoption of Pls' Mot to Exclude Steven MacLean.pdf, #16 Exhibit MDL ECF (6998) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean.pdf, #17 Exhibit MDL ECF (7100) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Steven MacLean.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (1986) - Pls' Amended Mot to Exclude Thomas Wright.pdf, #2 Exhibit MDL ECF (1988) - Pls' Amended Mem in Support of Mot to Exclude Thomas Wright.pdf, #3 Exhibit MDL ECF (2143) - Defs Resp to Pls' Amended Mot to Exclude Thomas Wright.pdf, #4 Exhibit MDL ECF (3844) - Pls' Reply in Support of Mot to Exclude Thomas Wright.pdf, #5 Exhibit MDL ECF (6864) - Notice of Adoption of Pls' Mot to Exclude Thomas Wright.pdf, #6 Exhibit MDL ECF (6973) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Thomas Wright.pdf, #7 Exhibit MDL ECF (7119) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Thomas Wright.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 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 (6860) - Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski.pdf, #7 Exhibit MDL ECF (6965) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski.pdf, #8 Exhibit MDL ECF (7143) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (2005) - Pls' Mot to Exclude Elizabeth Kavaler.pdf, #2 Exhibit MDL ECF (2007) - Pls' Mem in Support of Mot to Exclude Elizabeth Kavaler.pdf, #3 Exhibit MDL ECF (2165) - Defs' Resp to Pls' Mot to Exclude Elizabeth Kavaler.pdf, #4 Exhibit MDL ECF (2237) - Pls' Reply in Support of Mot to Exclude Elizabeth Kavaler.pdf, #5 Exhibit MDL ECF (6810) - Notice of Adoption of Pls' Mot to Exclude Elizabeth Kavaler.pdf, #6 Exhibit MDL ECF (6982) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Elizabeth Kavaler.pdf, #7 Exhibit MDL ECF (7098) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Elizabeth Kavaler.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (2081) - Pls' Mot to Exclude Debra Fromer.pdf, #2 Exhibit MDL ECF (2084) - Pls' Mem in Support of Mot to Exclude Debra Fromer.pdf, #3 Exhibit MDL ECF (2151) - Defs' Resp to Pls' Mot to Exclude Debra Fromer.pdf, #4 Exhibit MDL ECF (6898) - Pls' Mot to Exclude Debra Fromer.pdf, #5 Exhibit MDL ECF (6900) - Pls' Mem in Support of Mot to Exclude Debra Fromer.pdf, #6 Exhibit MDL ECF (7018) - Defs' Resp to Pls' Mot to Exclude Debra Fromer.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 28 CONTINUED, MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence.pdf, #2 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence.pdf, #3 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence.pdf, #4 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence.pdf, #5 Exhibit MDL ECF (6821) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence.pdf, #6 Exhibit MDL ECF (6958) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence.pdf, #7 Exhibit MDL ECF (7177) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Peggy Pence.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (3619) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #2 Exhibit MDL ECF (3619) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #3 Exhibit MDL ECF (3619) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #4 Exhibit MDL ECF (3621) - Pls' Mem in Support of Mot to Exclude Vladimir Iakovlev.pdf, #5 Exhibit MDL ECF (3790) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #6 Exhibit MDL ECF (3790) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #7 Exhibit MDL ECF (3790) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #8 Exhibit MDL ECF (3865) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev.pdf, #9 Exhibit MDL ECF (6874) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #10 Exhibit MDL ECF (6874) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #11 Exhibit MDL ECF (6874) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev.pdf, #12 Exhibit MDL ECF (6875) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev.pdf, #13 Exhibit MDL ECF (7038) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #14 Exhibit MDL ECF (7045) - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #15 Exhibit MDL ECF (7085) - Amended Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev.pdf, #16 Exhibit MDL ECF (7183) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge.pdf, #2 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge.pdf, #3 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge.pdf, #4 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge.pdf, #5 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge.pdf, #6 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge.pdf, #7 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge.pdf, #8 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge.pdf, #9 Exhibit MDL ECF (6648) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge.pdf, #10 Exhibit MDL ECF (6833) - Amended Notice of Adoption of Defs' Mot to Exclude Uwe Klinge.pdf, #11 Exhibit MDL ECF (6926) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Uwe Klinge.pdf, #12 Exhibit MDL ECF (7123) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Uwe Klinge.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers) (slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 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 (2817) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #4 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #5 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #6 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #7 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #8 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #9 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #10 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #11 Exhibit MDL ECF (6852) - Notice of Adoption of Defs' Mot to Exclude Bruce Rosenzweig.pdf, #12 Exhibit MDL ECF (6960) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 29 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (2128) Part 1 - Defs' Mot to Exclude Allen Garely.pdf, #2 Exhibit MDL ECF (2128) Part 2 - Defs' Mot to Exclude Allen Garely.pdf, #3 Exhibit MDL ECF (2129) - Defs' Mem in Support of Mot to Exclude Allen Garely.pdf, #4 Exhibit MDL ECF (2202) - Pls' Resp to Defs' Mot to Exclude Allen Garely.pdf, #5 Exhibit MDL ECF (2286) - Defs' Reply in Support of Mot to Exclude Allen Garely.pdf, #6 Exhibit MDL ECF (6844) - Notice of Adoption of Defs' Mot to Exclude Allen Garely.pdf, #7 Exhibit MDL ECF 6924 - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Allen Garely.pdf)(Robinson, Susan) (Modified on 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 28 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 3/5/2020 to add party filers)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 27
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 26 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 25 RESPONSE TO ORDER TO SHOW CAUSE by Lori Illjes, Robert Illjes (Balefsky, Lee) (Modified on 5/2/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 24
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 23
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 22 FOURTH AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Maureen Terranova on 12/06/18 at 10:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 21 MEMORANDUM by Lori Illjes, Robert Illjes in opposition to #18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 20 OPPOSITION by Lori Illjes, Robert Illjes to #18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Balefsky, Lee) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 19 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Higginbotham, Daniel) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 18 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibits A - E)(Higginbotham, Daniel) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 17 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Maureen Terranova on 11/16/18 at 10:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family: Robert Illjes on a Date to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 15 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 14 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Maureen Terranova on 10/2/18 at 10:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 13
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 12 CERTIFICATE OF SERVICE by Lori Illjes, Robert Illjes for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 11 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Combs, Philip) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 10 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Maureen Terranova on 6/26/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Lori Illjes on 5/18/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Maureen Terranova on 5/9/2018 at 9:00 a.m. (Jones, Alyson) [Transferred from West Virginia Southern on 3/10/2020.] |
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Filing 8
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) (ts) (ADI) [Transferred from West Virginia Southern on 3/10/2020.]
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| Filing 6 PLAINTIFF PROFILE FORM filed by Lori Illjes, Robert Illjes. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 3/10/2020.] |
| Filing 5 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 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 3/10/2020.] |
| 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 3/10/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 173 (Final Order Regarding Severance of Actions) entered on 05/04/2015 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 # 0425-3878681. (Attachment: #1 Civil Cover Sheet) (ham) [Transferred from West Virginia Southern on 3/10/2020.] |
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