Post et al v. Ethicon, Inc. et al
| Denise Post and Kenneth Post |
| Johnson & Johnson and Ethicon Inc. |
| 1:2020cv00448 |
| April 17, 2020 |
| US District Court for the Northern District of New York |
| Lawrence E Kahn |
| Miroslav Lovric |
| Gary L Sharpe |
| Daniel J Stewart |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 51
TEXT ORDER : A Text Order was entered in this matter by the undersigned on 4/23/2020 (Dkt. No. 44) 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, Civil Action No. 3:19-CV-1372 (LEK/ML) was deemed the "Lead Case" and this case was deemed the "Member Case." The Clerk is therefore directed to file, as a courtesy, the motions for limited admission pro hac vice filed by Christopher A. Gomez #46 and Lee B. Balefsky #47 , and the notices of appearance by Laura M. Jordan [48 & 49] and John K. Powers #50 , filed in this case on 5/14/2020, in the Lead Case 3:19-cv-1372. Parties are again reminded that 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 5/15/2020. (jdp )
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| Filing 50 NOTICE of Appearance by John K. Powers on behalf of All Plaintiffs (Powers, John) |
| Filing 49 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura) |
| Filing 48 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura) Modified on 5/18/2020 This document is for John Powers and was filed by Laura Jordan and the entry is corrected by dockets #49 and #50 (pjh, ). |
| Filing 47 MOTION for Limited Admission Pro Hac Vice of Lee B. Balefsky, Esq. Filing fee $100, receipt number ANYNDC-5118994. filed by Denise Post, Kenneth Post. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 46 MOTION for Limited Admission Pro Hac Vice of Christopher A. Gomez, Esq. Filing fee $100, receipt number ANYNDC-5118981. filed by Denise Post, Kenneth Post. Motions referred to Miroslav Lovric. (Jordan, Laura) |
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Filing 45
TEXT ORDER REASSIGNING CASE. Case reassigned to Senior Judge Lawrence E. Kahn and Magistrate Judge Miroslav Lovric for all further proceedings. Senior Judge Gary L. Sharpe and Magistrate Judge Daniel J. Stewart no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 4/23/20. (lmw) (Copy served upon non-admitted attorneys via email)
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Filing 44
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 ) (Copy served upon non-admitted attorneys via email)
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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 43 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) |
| Filing 42 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of Counsel (Kabbash, Maha) |
| Filing 41 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Kabbash, Maha) |
| Filing 40 NOTICE of Admission Requirement Letter issued: Christopher A. Gomez, Esq. (chris.gomez@klinespecter.com); (Attachments: Lee B. Balefsky, Esq. (lee.balefsky@klinespecter.com)#1 Adm Req Letter - Balefsky; Michelle L. Tiger, Esq. (mtiger@youmancaputo.com) #2 Adm Req Letter - Tiger; Christy D. Jones, Esq. (christy.jones@butlersnow.com) #3 Adm Req Letter - Jones; Daniel R. Higginbotham, Esq. (dhigginbotham@tcspllc.com) #4 Adm Req Letter - Higginbotham; David B. Thomas, Esq. (dthomas@tcspllc.com) #5 Adm Req Letter - Thomas; Kari L. Sutherland, Esq. (kari.sutherland@butlersnow.com) #6 Adm Req Letter - Sutherland; Susan M. Robinson, Esq. (srobinson@tcspllc.com) #7 Adm Req Letter - Robinson; William M. Gage, Esq. (william.gage@butlersnow.com) #8 Adm Req Letter - Gage); Admissions due by 5/4/2020.(plp) |
| Filing 39 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/16/2020 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 7/9/2020. (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 38 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-07109. electronically transferred when case opened |
| NOTICE OF DOCKET CORRECTION re: #36 Continued Joint Designation of Record. ERROR: Incomplete image attached. CORRECTION: Images refiled at ECF #37. (ts) [Transferred from West Virginia Southern on 4/17/2020.] |
| 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 (1978) Part 9A - Defs' Motion to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 36 INCORRECT ENTRY; IMAGE REMOVED. (Modified on 4/14/2020 to remove incorrect image; see ECF #37) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 35 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 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 Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' 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 Pls' Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of 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 Defs' Resp to Pls' Mot to Exclude Steven MacLean, #17 Exhibit MDL ECF (7100) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 34 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (2425) - Pls' Mot to Exclude Peter Rosenblatt, #2 Exhibit MDL ECF (2428) - Pls' Mem in Support of Mot to Exclude Peter Rosenblatt, #3 Exhibit MDL ECF (2535) - Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #4 Exhibit MDL ECF (2625) - Pls' Reply in Support of Mot to Exclude Peter Rosenblatt, #5 Exhibit MDL ECF (6843) - Notice of Adoption of Pls' Mot to Exclude Peter Rosenblatt, #6 Exhibit MDL ECF (6980) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Peter Rosenblatt, #7 Exhibit MDL ECF (7107) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Peter Rosenblatt)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 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 Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of 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 Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 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 Pls' Mot to Exclude Nicole Fleischmann, #4 Exhibit MDL ECF (2230) - Pls' Reply in Support of 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 Defs' Resp to Pls' Mot to Exclude Nicole Fleischmann, #7 Exhibit MDL ECF (7440) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Nicole Fleischmann)(Robinson, Susan) (Modified on 4/13/2020 to add party filers)(msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 31 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (4877) - Pls' Mot to Exclude Lawrence Lind, #2 Exhibit MDL ECF (4878) - Pls' Mem in Support of Mot to Exclude Lawrence Lind, #3 Exhibit MDL ECF (4945) - Defs' Resp to Pls' Mot to Exclude Lawrence Lind, #4 Exhibit MDL ECF (6818) - Notice of Adoption of Pls' Mot to Exclude Lawrence Lind, #5 Exhibit MDL ECF (6946) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Lawrence Lind)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 30 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (6821) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (6958) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (7177) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 4/13/2020 to add party filers)(msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 29 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (6648) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (6833) - Amended Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (6926) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (7123) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 28 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17 - Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 27 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 25 CONTINUED, MDL ECF (1996) - Defs' Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2814) - Defs' Mot to Exclude Donald Ostergard, #6 Exhibit MDL ECF (2816) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2950) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (3011) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (6825) - Notice of Adoption of Defs' Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (6957) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #11 Exhibit MDL ECF (7179) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Donald Ostergard)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 26 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #25 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 (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (6852) - Notice of Adoption of Defs' Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (6960) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 4/13/2020 to add party filers)(msa). [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 25 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)(Robinson, Susan) (Modified on 4/13/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 4/17/2020.] |
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Filing 24
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 4/17/2020 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 4/16/2020 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 4/3/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 4/17/2020.]
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE by Denise Post, Kenneth Post (Balefsky, Lee) [Transferred from West Virginia Southern on 4/17/2020.] |
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Filing 21
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 4/17/2020.]
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Filing 20
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 4/17/2020.]
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| Filing 19 MEMORANDUM by Denise Post, Kenneth Post in opposition to #16 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Balefsky, Lee) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 18 OPPOSITION by Denise Post, Kenneth Post to #16 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Proposed Order, #2 Exhibit)(Balefsky, Lee) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 17 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #16 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Higginbotham, Daniel) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 16 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibits A - M)(Higginbotham, Daniel) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family: Denise Post, Ken Post, Kim Leah Gecaj, Francine Accurso on a Date to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 14 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 4/17/2020.] |
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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 4/17/2020.]
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| Filing 12 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Higginbotham, Daniel) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 11 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Denise Post on 5/10/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 10 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert Lobel on 6/25/18 at 4:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Denise Post on 5/10/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 4/17/2020.] |
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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) (brn) [Transferred from West Virginia Southern on 4/17/2020.]
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| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Robert W. Lobel on 5/25/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Denise Post, Kenneth Post. (Gomez, Christopher) [Transferred from West Virginia Southern on 4/17/2020.] |
| 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 4/17/2020.] |
| 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 4/17/2020.] |
| 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 4/17/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 180 entered on 06/02/2015 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 4/17/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3927709. (Attachments: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 4/17/2020.] |
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