Balura et al v. Ethicon, Inc. et al
Plaintiff: Cathy Balura and Peter Balura
Defendant: Ethicon Inc., Johnson & Johnson and Ethicon, LLC.
Case Number: 3:2019cv01372
Filed: November 6, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Miroslav Lovric
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2020 CLERK'S CORRECTION OF DOCKET ENTRY re #80 Notice of Appearance: Clerk removed "Kelly Crawford" and added "Maha Kabbash" which is the correct name that is on this document. (hmr)
January 2, 2020 Filing 96 CERTIFICATE OF SERVICE by Cathy Balura, Peter Balura re #77 G.O. 25 Filing Order, Proof of Service of General Order #25 (Palmer, Tracie)
December 16, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #91 Notice of Appearance: Clerk replaced this document with a corrected document. The original filing had Plaintiff Peter Balura's last name spelled incorrectly in the caption. (hmr)
December 16, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #95 Amended Notice of Appearance: Clerk replaced this document with a corrected document. The original filing had Plaintiff Peter Balura's last name spelled incorrectly in the caption. (hmr)
December 16, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #95 Notice of Appearance: Clerk added "Amended" to this docket entry. (hmr)
December 16, 2019 Filing 95 AMENDED NOTICE of Appearance by Tracie L. Palmer on behalf of All Plaintiffs (Palmer, Tracie) Modified on 12/16/2019 (hmr). (Main Document 95 replaced on 12/16/2019) (hmr, ).
December 13, 2019 CLERK'S CORRECTION OF DOCKET ENTRY re #94 Notice of Appearance: Clerk replaced the document with a flattened version, so that no changes can be made to the document. (hmr)
December 13, 2019 Filing 94 NOTICE of Appearance by Tracie L. Palmer on behalf of All Plaintiffs (Palmer, Tracie) (Main Document 94 replaced on 12/13/2019) (hmr, ).
December 3, 2019 Opinion or Order Filing 93 TEXT ORDER: The Parties/Counsel are directed to, no later than 1/6/2020, review the NDNY docket in this case and to also confer with the clerk's office to make certain that all documents, pleadings, court orders, court decisions, and other pertinent filings from the MDL district----- Ethicon MDL in SDWV are properly docketed, included, or referenced on the NDNY docket. It is the responsibility of counsel to make certain that pertinent docket entries from the MDL district have been carried over or referenced in the NDNY docket. Counsel should notify the court clerk if any additional docket entries from the MDL district need to be added to this docket or referenced in this docket. Counsel are directed to coordinate with the court clerk to accomplish and complete this no later than 1/6/2020. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/3/2019. (jdp )
December 3, 2019 Opinion or Order Filing 92 TEXT ORDER: Letter Motion #87 is GRANTED in part and DENIED in part. To the extent that the parties have previously exchanged Mandatory Rule 26 Disclosures in the Ethicon MDL litigation and coordinated proceedings in SDWV, they are not required to duplicate and exchange such disclosures and materials again in this district. But if Mandatory Rule 26 Disclosures were not exchanged by the parties in the MDL litigation, for whatever reason, the parties are directed to comply with such disclosures per directive previously issued by this Court. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/3/2019. (jdp )
December 2, 2019 Filing 91 NOTICE of Appearance by Lee Balefsky on behalf of Cathy Balura, Peter Balura (Balefsky, Lee) (Main Document 91 replaced on 12/16/2019) (hmr, ).
November 25, 2019 Filing 90 Mail Returned as Undeliverable -Return to Sender - Not Deliverable as Addressed - Unable to Forward re: 81 Text Order sent to Lee B. Balefsky Esq. and Michelle L. Tiger, Esq. Address sent to Kline & Specter, P.C., 1252 Locust St., Philadelphia, PA. (hmr)
November 25, 2019 Filing 89 NOTICE of Appearance by John K. Powers on behalf of All Plaintiffs (Powers, John)
November 25, 2019 Filing 88 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura)
November 25, 2019 Filing 87 Letter Motion from Defendants for Ethicon Inc., Ethicon, LLC., Johnson & Johnson requesting Relief from Rule 26 Obligations submitted to Judge Miroslov Lovric, U.S.M.J. . (Kabbash, Maha)
November 22, 2019 Opinion or Order Filing 86 ORDER granting #84 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 11/22/2019. (jdp, )
November 22, 2019 Opinion or Order Filing 85 ORDER granting #83 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 11/22/2019. (jdp, )
November 21, 2019 Filing 84 MOTION for Limited Admission Pro Hac Vice of Tracie L. Palmer, Esq. Filing fee $100, receipt number ALB011570 filed by Cathy Balura, Peter Balura. Motions referred to Miroslav Lovric. (hmr)
November 21, 2019 Filing 83 MOTION for Limited Admission Pro Hac Vice of Lee B. Balefsky, Esq. Filing fee $100, receipt number ALB011569 filed by Cathy Balura, Peter Balura. Motions referred to Miroslav Lovric. (hmr)
November 20, 2019 Filing 82 Letter Motion from Laura M. Jordan, Esq. for Cathy Balura requesting Notice of filing difficulty submitted to Judge Hon. Lawrence E. Kahn . (Jordan, Laura)
November 20, 2019 Reset Initial Rule 16 Conference: Initial Conference set for 2/5/2020 at 2:30 PM has been RESCHEDULED for 2/5/2019 3:30 PM at 15 Henry Street, Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/29/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jdp )
November 18, 2019 Opinion or Order Filing 81 TEXT ORDER: Plaintiff's Counsel is hereby directed to file a letter with the Court by 11/25/2019 advising the Court if Counsel intends to represent Plaintiff in this matter. If Plaintiff's Counsel intends to represent Plaintiff in this matter, Counsel needs to file with the Court a Notice of Appearance immediately. If Counsel is no longer representing Plaintiff, a status letter needs to be filed with the Court advising of Plaintiff's last known address and phone number. An Initial IN PERSON Rule 16 Conference is currently scheduled for February 5, 2020 at 2:30 PM at 15 Henry Street, Binghamton NY before Magistrate Judge Miroslav Lovric [see Docket No. 77] and this initial conference will not be re-scheduled due to plaintiffs lack of updating this Court as to representation. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/18/2019.(jdp, )
November 12, 2019 TEXT NOTICE: Pursuant to #79 Notice, William M. Gage, Esq., Kari L. Sutherland, Esq., Laura H. Dixon, Esq. and Christy D. Jones, Esq. from Butler Snow LLP, Phillip J. Combs, Esq. Susan M. Robinson, Esq. and David B. Thomas, Esq. of Thomas Combs and Spann, PLLC withdraw as Attorneys of Record for Ethicon, Inc. and Johnson & Johnson. Riker, Danzig, Scherer, Hyland & Perretti LLP still remain as counsel for Ethicon, Inc and Johnson & Johnson. (jdp)
November 6, 2019 Filing 80 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) Modified on 1/3/2020 (hmr, ).
November 6, 2019 Filing 79 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal (Crawford, Kelly)
November 6, 2019 Filing 78 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly)
November 6, 2019 Filing 77 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/5/2020 02:30 PM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/29/2020. (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, ) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 76 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 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 75 NOTICE of Admission Requirement as to Defendants; Attorney Laura H. Dixon, Esq., Email address is laura.dixon@butlersnow.com. Phone number is 601-985-4584. Admissions due by 11/20/2019. (plp)[served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 74 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 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 73 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 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 72 NOTICE of Admission Requirement as to Defendants; Attorney Philip J. Combs, Esq., Email address is pcombs@tcspllc.com. Phone number is 304-414-1800. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 71 NOTICE of Admission Requirement as to Defendants; Attorney Diana Katz Gerstel, Esq., Email address is dgerstel@riker.com. Phone number is 973-451-8468. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 70 NOTICE of Admission Requirement for Defendants; Attorney David B. Thomas, Esq., Email address is dthomas@tcspllc.com. Phone number is 304-414-1800. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 69 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 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 68 NOTICE of Admission Requirement as to Plaintiffs; Attorney Tracie L. Palmer, Esq., Email address is tracie.palmer@klinespecter.com. Phone number is 215-772-1000. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 67 NOTICE of Admission Requirement as to Plaintiffs; Attorney Michelle L. Tiger, Esq., Email address is michelle.tiger@klinespecter.com. Phone number is 215-772-1000. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 66 NOTICE of Admission Requirement for Plaintiffs; Attorney Lee B. Balefsky, Esq., Email address is lee.balefsky@klinespecter.com. Phone number is 215-772-1000. Admissions due by 11/20/2019. (plp) [served via e-mail to e-mail addresses listed in entries 66-76] (plp)
November 6, 2019 Filing 65 Case transferred in from District of West Virginia Southern; Case Number 2:12-cv-07854. electronically transferred when case opened
October 29, 2019 Filing 64 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (2033) Motion to Exlcude Duncan, MD PART 1, #2 Exhibit (2033) Motion to Exlcude Duncan, MD PART 2, #3 Exhibit (2039) P mte Thames, #4 Exhibit (2039) P mte Thames Part 1, #5 Exhibit (2039) P mte Thames part 2, #6 Exhibit (2050) Motion to Exclude Fleischman, MD, #7 Exhibit (2155) D Response to mte Dr. Duncan.._Part1, #8 Exhibit (2155) D Response to mte Dr. Duncan.._Part2, #9 Exhibit (2155) D Response to mte Dr. Duncan.._Part3, #10 Exhibit (2155) D Response to mte Dr. Duncan.._Part4, #11 Exhibit (2155) D Response to mte Dr. Duncan.._Part5, #12 Exhibit (2156) Resp tp MTE Abadi MD, #13 Exhibit (2169) Pltf Opp to MTE Margolis, MD, #14 Exhibit (2230) Reply re MTE FLEISCHMANN, M.D., #15 Exhibit (2233) Memo in Reply to MTE Duncan, #16 Exhibit (2247) Reply in Support of Thames, #17 Exhibit (2455) P mte Thames part 1, #18 Exhibit (2455) P mte Thames part 2, #19 Exhibit (2931) Memo in Opp to MTE Rosensweig, #20 Exhibit (2952) Memo in Opp to MTE Elliott, MD, #21 Exhibit (3671) MTE Winkler, MD, #22 Exhibit (4543) Memo in Opp to MTE Rosenzweig, MD, #23 Exhibit (4550) Memo in Opp to MTE Rosenzweig, MD, #24 Exhibit (4552) Memo in Opp re MTE Rosenzweig, MD)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
October 24, 2019 Filing 63 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part2, #2 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part3, #3 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part4, #4 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part5, #5 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part6, #6 (3626) MOTION by Ethicon To Limit the Testimony of Prof. Dr. Med. Uwe Klinge - Part7, #7 (3630) MEMORANDUM In Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #8 (3767) Plaintiffs' Response in Opposition to D Motion to Exclude Dr. Klinge, #9 (3855) REPLY IN SUPPORT of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge by Ethicon, #10 (4321) D notice of adopton MTE Klinge, #11 (4485) P adoption response MTE Klinge, #12 (4630) D adoption reply MTE Klinge, #13 (2029) MOTION by Ethicon to Exclude CERTAIN OPINIONS OF MICHAEL THOMAS MARGOLIS, M.D., #14 (2031) MEMO by Ethicon in support of MOTION for Michael Thomas Margolis by Ethicon Women, #15 (2169) P opposition to D MTE Dr. Margolis, #16 (2212) REPLY Memorandum in Support of Motion to Exclude Opinions of Michael Thomas Margolis, #17 (2832) Dfts Supp Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply Brief of Michael Thomas Margolis, M.D. for Wave 3, #18 (2833) MEMORANDUM in Support of Defendants' Motion to Exclude and Notice of Adoption of Prior Daubert of Michael Thomas Margolis, #19 (2904) MEMORANDUM in Opposition to Defendants' Motion to Exclude and Notice of Adoption of Michael Thomas Margolis, #20 (4385) D adoption motion and reply MTE Margolis, #21 (4487) P adoption response MTE Margolis, #22 (2817) D Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #23 (2818) Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #24 (2931) Plaintiffs memo in opposition to motion to exclude Dr. Rosenzweig, #25 (3024) D reply mte Rosenzweig, #26 (4374) D mte Rosenzweig, #27 (4375) D memo in support MTE Rosenzweig, #28 (4543) P opp memo MTE Rosenzweig, #29 (4550) P memo in opp to MTE Rosenzweig, #30 (4552) P opp memo MTE Rosenzweig, #31 (4632) Reply to Motion to Exclude Certain General Opinions of Bruce Rosenzweig, MD)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
October 24, 2019 Filing 62 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (4617) P notice of adoption reply mte Winkler, #2 (2815) D memo MTE Dr. Daniel Elliott, #3 (2952) P opp memo MTE Dr. Elliott, #4 (3029) D reply mte Dr. Elliott, #5 (4364) D mte Dr. Elliott, #6 (4367) D memo in support mte Elliott, #7 (4558) P response MTE Elliott, #8 (4635) D reply MTE Elliott, #9 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part1, #10 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part2, #11 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part3, #12 (3619) MOTION to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev_Part4, #13 (3621) MEMORANDUM in Support of Motion to Exclude Testimony of Dr. Vladimir Iakovlev, #14 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part1, #15 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part2, #16 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part3, #17 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part4, #18 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part5, #19 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part6, #20 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part7, #21 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part8, #22 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part9, #23 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part10, #24 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part11, #25 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part12, #26 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part13, #27 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part14, #28 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part15, #29 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part16, #30 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part17, #31 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part18, #32 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part19, #33 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part20, #34 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part21, #35 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part22, #36 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part23, #37 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part24, #38 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part25, #39 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part26, #40 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part27, #41 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part28, #42 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part29, #43 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part30, #44 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part31, #45 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part32, #46 (3790) RESPONSE by All Plaintiffs in opposition to MOTION by Ethicon, Inc., et al. to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev - Part33, #47 (3865) REPLY IN SUPPORT of Motion to Exclude the Opinions & Testimony of Vladimir Iakovlev, MD. by Ethicon, #48 (4312) D notice of adoption MTE Iakovlev w5, #49 (4480) P notice of adoption response MTE Iakovlev, #50 (4626) D notice of adoption reply MTE Iakvolev)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
October 24, 2019 Filing 61 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 (238) First Amended Master Long Form Complaint and Jury Demand (Pelvic), #2 (239) MASTER ANSWER AND JURY DEMAND OF DEFENDANT ETHICON, INC. TO FIRST AMENDED MASTER COMPLAINT, #3 (241) MASTER ANSWER AND JURY DEMAND OF DEFENDANT JOHNSON & JOHNSON TO FIRST AMENDED MASTER COMPLAINT, #4 (262) Short Form Complaint, #5 (0263) Amended Short Form Complaint, #6 (1992) P MTE Dr. Maria Abadi, #7 (1993) P memo in support of MTE Dr. Abadi, #8 (2934) D Response to P mte Dr. Abadi, #9 (4326) P notice of adoption of Daubert mte Dr. Abadi w5, #10 (4481) D Notice of adoption of w response to mte Dr. Abadi, #11 (2033) P MTE Dr. Elaine Duncan, #12 (2036) P memo in support MTE Dr. Duncan, #13 (2155) D Response to mte Dr. Duncan, #14 (2223) P reply to D opp to MTE Dr. Duncan, #15 (4335) P notice of adoption of Daubert mte Dr. Duncan, #16 (4497) D notice of adoption daubert response MTE Duncan, #17 (4579) P Notice of adoption reply mte Duncan, #18 (2050) P MTE Dr. Nicole Fleischmann, #19 (2051) P Memo in support of MTE Dr. Fleischmann, #20 (2159) D memo in opp to MTE Dr. Fleischmann, #21 (2230) P reply in support of MTE Dr. Fleischmann, #22 (4338) Notice of Adoption MTE Dr. Fleischmann w5, #23 (4522) Defendants notice of adoption response MTE Fleischmann, #24 (4583) P notice of adoption reply mte Fleischmann, #25 (2039) Plaintiffs' Motion to Exclude the Opinions and Testimony of Shelby Thames, #26 (2042) MEMO by All Plaintiffs in support of MOTION by All Plaintiffs to Exclude Dr. Shelby Thames, #27 (2187) RESPONSE by Ethicon in opposition to Exclude the Opinions and Testimony of Dr. Shelby Thames, #28 (2247) REPLY in Support of Plaintiffs Motion to Exclude the Opinions of Dr. Shelby Thames, #29 (2455) Plaintiffs' Motion to Exclude Shelby Thames, #30 (2458) MEMO by All Plaintiffs in support of MOTION to Exclude Opinions and Testimony of Dr. Shelby Thames, #31 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part1, #32 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part2, #33 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part3, #34 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part4, #35 (2553) Response in Opposition to Plaintiffs Motion to Exclude the Opinions and Testimony of Shelby Thames, PH.D. - Part5, #36 (2621) Reply in support of Motion to Exclude the Opinions of Dr. Shelby Thames, #37 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part1, #38 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part2, #39 (2839) MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames - Part3, #40 (2841) Memo in support of MOTION by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames, #41 (2957) RESPONSE by Ethicon in Opposition to Plaintiffs_ Motion to Exclude or Limit the Opinions and Testimony of Dr. Shelby Thames, #42 (3037) REPLY by ALL Plaintiffs in Support of Motion to Exclude the Opinions of Dr. Shelby Thames, #43 (4381) P notice of adoption daubert mte Dr. Shelby Thames, #44 (4484) D Notice of Adoption Response to MTE Dr. Thames, #45 (4613) P Notice of adoption reply mte Thames, #46 (3671) P MTE Dr. Harvey Winkler, #47 (3675) P Memo in support MTE Winkler, #48 (3784) D opp to MTE Winkler, #49 (3863) P reply mte Winkler, #50 (4345) P Notice of Adoption of MTE Winkler w5)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
October 16, 2019 Opinion or Order Filing 60 TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 10/30/2019 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/29/2019 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/16/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 11/6/2019.]
April 23, 2019 Filing 59 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit List of Cases, #2 Exhibit Letter)(Gage, William) [Transferred from West Virginia Southern on 11/6/2019.]
April 23, 2019 Filing 58 RESPONSE TO ORDER TO SHOW CAUSE by Cathy Balura, Peter Balura (Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
April 10, 2019 Opinion or Order Filing 57 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 11/6/2019.]
March 26, 2019 Opinion or Order Filing 56 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 11/6/2019.]
July 27, 2018 Opinion or Order Filing 55 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.) filed at ECF No. 2668 in MDL 2327 on 8/26/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 6 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mmw) [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 54 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Shelby Thames, Ph.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) filed at ECF No. 2723 in MDL 2327 on 9/2/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Shelby Thames, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (brn) [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 53 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Prof. Dr. Med. Uwe Klinge) directing that the Memorandum Opinion and Order (Daubert Motion re: Prof. Dr. Med. Uwe Klinge) filed at ECF No. 2642 in MDL 2327 on 8/24/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (brn) (Main Document 53 replaced on 7/27/2018) (kp). [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 52 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Daniel Elliott M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Daniel Elliott, M.D.) entered at ECF No. 2666 in MDL 2327 on 8/26/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 51 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Vladimir Iakovlev, M.D.) directing that the Memorandum Opinion and Order (DaubertMotion re: Vladimir Iakovlev, M.D.) filed at ECF No. 2710 in MDL 2327 on 9/01/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases as identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mmw) [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 50 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Michael Margolis, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Thomas Margolis, M.D.) filed at ECF No. 2681 in MDL 2327 on 8/30/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (pma) [Transferred from West Virginia Southern on 11/6/2019.]
July 27, 2018 Opinion or Order Filing 49 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Elaine Duncan, M.D.) directing that the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) entered as ECF No. 2656 in MDL 2327 on 8/25/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert motion re: Elaine Duncan, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/27/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mek) [Transferred from West Virginia Southern on 11/6/2019.]
July 26, 2018 Opinion or Order Filing 48 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Salil Khandwala, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Salil Khandwala, M.D.) filed in MDL 2327 at ECF #2728 on 9/02/2016, as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Prior Order is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (ts) [Transferred from West Virginia Southern on 11/6/2019.]
July 26, 2018 Opinion or Order Filing 47 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Nicole Fleischmann, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Nicole Fleischmann, M.D.) filed at ECF No. 2696 in MDL 2327 on 8/31/2016 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Nicole Fleischmann, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (kp) [Transferred from West Virginia Southern on 11/6/2019.]
July 26, 2018 Opinion or Order Filing 46 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Maria Abadi, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Maria Abadi, M.D.) entered as ECF No. 2654 in MDL 2327 on 8/25/2018 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Maria Abadi, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/26/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mek) [Transferred from West Virginia Southern on 11/6/2019.]
July 26, 2018 Opinion or Order Filing 45 ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Harvey A. Winkler, M.D.) directing that the Memorandum Opinion and Order (Daubert Motion re: Harvey A. Winkler, M.D.) filed at ECF No. 6268 in MDL 2327 entered on 6/23/2018 as to the Ethicon Wave 4 cases is ADOPTED in the Wave 5 cases identified in Exhibit A; the Memorandum Opinion and Order (Daubert Motion re: Harvey A. Winkler, M.D.) is attached hereto as Exhibit B. Signed by Judge Joseph R. Goodwin on 7/25/2018. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases identified in the Exhibit attached hereto) (mek) [Transferred from West Virginia Southern on 11/6/2019.]
December 15, 2017 Opinion or Order Filing 44 ORDER This order denying the Motion by Ethicon, Inc., Johnson & Johnson for Sanctions Based on Plaintiffs' Failure to Comply With the Court's ECF No. 4714 Order is not intended to resolve outstanding issues regarding the reliability and admissibility of the article "Oxidation and Degradation of Polypropylene Transvaginal Mesh"; this order simply memorializes the undersigned's conclusion that Plaintiffs complied with the court's order compelling them, through Dr. Guelcher, to collect any remaining facts and data in the possession of the co-investigators and supply it to Defendants. Signed by Magistrate Judge Cheryl A. Eifert on 12/15/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 5 cases) (rec) [Transferred from West Virginia Southern on 11/6/2019.]
September 26, 2017 Opinion or Order Filing 43 ORDER The Motion by Ethicon, Inc., Johnson & Johnson to Compel Discovery or, in the Alternative, to Exclude Certain Opinion Testimony filed in MDL 2327 is GRANTED, in part, and DENIED, in part; Plaintiffs are hereby ORDERED to collect and produce to the defendants certain information set forth herein pertaining to the article entitled "Oxidation and Degradation of Polypropylene Transvaginal Mesh," relied upon by Dr. Guelcher; With respect to Defendants' motion that they be permitted to take a supplemental deposition of Dr. Guelcher to question him about the raw data, the motion is DENIED. Furthermore, Defendants' motion to preclude Dr. Guelcher from offering opinions or testimony based upon the above-mentioned article is likewise DENIED, as it is moot. Signed by Magistrate Judge Cheryl A. Eifert on 9/26/2017. (cc: attys) (REF: MDL 2327; Wave 5 Cases) (pma) [Transferred from West Virginia Southern on 11/6/2019.]
September 13, 2017 Opinion or Order Filing 42 PRETRIAL ORDER #270 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). Therefore, all such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID. Such stipulations undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiff's friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule may be considered, for good cause shown. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Joseph R. Goodwin on 9/13/2017. (cc: Clerk of the JPMDL Panel; attys) (REF: MDL 2327; Ethicon Wave 1, 2, 3, 4, 5, 6, and 7 Cases) (kab) [Transferred from West Virginia Southern on 11/6/2019.]
September 5, 2017 Filing 41 REPLY MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson to #40 Response In Opposition. (Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
August 29, 2017 Filing 40 RESPONSE by Cathy Balura, Peter Balura in opposition to #37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Michael T. Margolis, M.D. (Attachments: #1 Exhibits A-I, #2 Proposed Order)(Palmer, Tracie) (Modified on 8/30/2017 to remove link to #38 memorandum) (kp). [Transferred from West Virginia Southern on 11/6/2019.]
August 22, 2017 Filing 39 MEMORANDUM by Cathy Balura, Peter Balura in opposition to #34 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Proposed Order)(Palmer, Tracie) (Modified on 8/31/2017 to remove link to #35 memorandum in support)(ts). [Transferred from West Virginia Southern on 11/6/2019.]
August 15, 2017 Filing 38 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Michael T. Margolis, M.D. (Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
August 15, 2017 Filing 37 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Opinions and Testimony of Michael T. Margolis, M.D. (Attachments: #1 Exhibit A - Excerpts of Medical Records obtained from A.O. Fox Memorial Hospital (redacted), #2 Exhibit B - Cathy Baluras Plaintiff Fact Sheet (redacted), #3 Exhibit C - Excerpts of the Deposition Transcript of Cathy Balura, taken on April 19, 2017, #4 Exhibit D - Excerpts of the Deposition Transcript of Peter Balura, taken on April 19, 2017, #5 Exhibit E - Excerpts of Medical Records obtained from Albany Memorial Hospital (redacted), #6 Exhibit F - Excerpts of Medical Records obtained from Northeast Urogynecology, #7 Exhibit G - Excerpts of the Deposition Transcript of Robert Lobel, M.D., taken on June 22, 2017, #8 Exhibit H - Case-Specific Expert Report of Michael T. Margolis, M.D., dated May 19, 2017)(Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
August 9, 2017 Opinion or Order Filing 36 PRETRIAL ORDER # 268 (Motion for a Protective Order and Motion for De Bene Esse Deposition) The Motion by Ethicon, Inc. Johnson & Johnson for Protective Order Precluding De Bene Esse Deposition of Plaintiffs' Expert Witness Scott A. Guelcher, PH.D. and Motion for De Bene Esse Deposition of Scott A. Guelcher, PH.D. filed in MDL 2327 are DENIED as to the motion for a protective order and GRANTED as to the motion for leave to conduct a de bene esse deposition of Dr. Guelcher. Signed by Judge Cheryl A. Eifert on 8/9/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases) (rec) [Transferred from West Virginia Southern on 11/6/2019.]
August 8, 2017 Filing 35 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #34 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
August 8, 2017 Filing 34 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - Short Form Complaint, dated November 16, 2012, #2 Exhibit B - Excerpts of Medical Records obtained from A.O. Fox Memorial Hospital (redacted), #3 Exhibit C - Tab 8 to Defendants Fact Sheet)(Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
August 4, 2017 Opinion or Order Filing 33 PRETRIAL ORDER # 267 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) Pursuant to PTO # 117 filed in MDL 2327, the Court granted Plaintiffs' Motion to Amend First Amended Master Long Form Complaint and Jury Demand and Amended Master Short Form Complaint to the extent it sought to remove defendant Ethicon, LLC from the Master Long Form Complaint and Amended Short Form Complaint and provided that the Court would initiate a show cause process regarding Ethicon, LLC in cases filed prior to the date of the Order; the cases identified as part of Wave discovery and included in the attached Exhibit A all pre-date PTO # 117 and name Ethicon, LLC as a defendant; the parties have agreed to dismiss Ethicon, LLC without prejudice from the cases identified on Exhibit A; it is ORDERED that Ethicon, LLC shall be dismissed without prejudice from each case identified on Exhibit A. Signed by Judge Joseph R. Goodwin on 8/4/2017. (cc: Clerk of JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (rec) [Transferred from West Virginia Southern on 11/6/2019.]
July 13, 2017 Filing 32 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS' FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Cathy Balura, Peter Balura (Kabbash, Maha) (Modified on 7/13/2017 to add party filers) (skh). [Transferred from West Virginia Southern on 11/6/2019.]
July 13, 2017 Filing 31 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Betty Potter on To be determined at To be determined (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
July 13, 2017 Filing 30 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Katie E. Balura on To be determined at To be determined (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
July 12, 2017 Filing 29 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Tracie L. Palmer on behalf of Cathy Balura, Peter Balura. (Palmer, Tracie) [Transferred from West Virginia Southern on 11/6/2019.]
June 20, 2017 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. (Jones, Christy) [Transferred from West Virginia Southern on 11/6/2019.]
June 19, 2017 Filing 27 THIRD AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Leslie Breiten, M.D. on July 25, 2017 at 2:00 p.m. EST (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
June 6, 2017 Filing 26 PLAINTIFF PROFILE FORM filed by Cathy Balura, Peter Balura. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
June 2, 2017 Filing 25 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, First Set of Requests for Admission, and First Set of Requests for Production for Plaintiffs. (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
May 22, 2017 Filing 24 CERTIFICATE OF SERVICE by Cathy Balura, Peter Balura for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/6/2019.]
May 16, 2017 Filing 23 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Lobel, M.D. on June 22, 2017 at 4:30 p.m. EST (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
May 2, 2017 Filing 22 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING INDEPENDENT MEDICAL EXAMINATIONS OF PLAINTIFF CATHY BALURA by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Cathy Balura (Kabbash, Maha) (Modified on 5/2/2017 to add party filer) (skh). [Transferred from West Virginia Southern on 11/6/2019.]
April 14, 2017 Filing 21 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Leslie Breiten, M.D. on April 27, 2017 at 2:00 p.m. EST (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
April 6, 2017 Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Peter Balura on April 19, 2017 at 2:00 p.m. EST (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
April 6, 2017 Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Cathy Balura on April 19, 2017 at 9:00 a.m. EST (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
March 22, 2017 Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Robert Lobel, M.D. on May 18, 2017 at 4:00 p.m. EST. (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
March 21, 2017 Filing 17 FIRST AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Leslie Breiten, M.D. on April 20, 2017 at 12:00 p.m. EST. (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
March 6, 2017 Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Diana Katz Gerstel on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Gerstel, Diana) [Transferred from West Virginia Southern on 11/6/2019.]
March 6, 2017 Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kelly S. Crawford on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Crawford, Kelly) [Transferred from West Virginia Southern on 11/6/2019.]
March 6, 2017 Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Maha M. Kabbash on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Kabbash, Maha) [Transferred from West Virginia Southern on 11/6/2019.]
February 21, 2017 Opinion or Order Filing 13 PRETRIAL ORDER # 248 (Docket Control Order - Wave 5 Cases) The cases attached hereto as Exhibit A will be known as "Ethicon Wave 5 cases" and the following deadlines apply: Scheduling Deadlines. Plaintiff Fact Sheets due by 3/22/2017, Defendant Fact Sheets due by 4/22/2017, Deadline for written discovery requests is 6/05/2017, Expert disclosure by plaintiffs due by 5/22/2017, Expert disclosure by defendants due by 6/19/2017, Expert disclosure for rebuttal purposes due by 7/05/2017, Deposition deadline and close of discovery is 7/19/2017, Filing of Dispositive Motions due by 8/08/2017, Response to Dispositive Motions due by 8/22/2017, Reply to response to dispositive motions due by 8/29/2017, Filing of Daubert motions due by 8/15/2017, Responses to Daubert motions due by 8/29/2017, and Reply to response to Daubert motions due by 9/05/2017. 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 courts attention in a consolidated manner as follows: A consolidated motion to seal is due on or before 6/28/2017, any response is due 7/12/2017 and any reply is due 7/19/2017. Venue Recommendations. By no later than 6/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 7/10/2017. Signed by Judge Joseph R. Goodwin on 2/21/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 5 Cases Listed on Exhibit A) (mmw) [Transferred from West Virginia Southern on 11/6/2019.]
February 21, 2017 Filing 12 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Leslie Breiten on 03/07/2017 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 11/6/2019.]
May 5, 2014 Opinion or Order Filing 11 ORDER: Based on representations of counsel that Laura H. Dixon no longer represent any party in this MDL or any party in any member case, the above-named counsel is terminated where he or she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from West Virginia Southern on 11/6/2019.]
April 9, 2013 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 11/6/2019.]
April 9, 2013 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 11/6/2019.]
April 8, 2013 Filing 8 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from West Virginia Southern on 11/6/2019.]
April 8, 2013 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 11/6/2019.]
December 9, 2012 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Robinson, Susan) [Transferred from West Virginia Southern on 11/6/2019.]
December 9, 2012 Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Combs, Philip) [Transferred from West Virginia Southern on 11/6/2019.]
December 9, 2012 Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 11/6/2019.]
November 19, 2012 Filing 3 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and 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 as to Ethicon, LLC) (mmw) [Transferred from West Virginia Southern on 11/6/2019.]
November 19, 2012 Filing 2 TRANSMITTED PRETRIAL ORDER 23 (Agreed Order Regarding Severance of Actions) entered on 11/15/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 11/6/2019.]
November 16, 2012 Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2087399. (Attachment: #1 Civil Cover Sheet) (mmw) [Transferred from West Virginia Southern on 11/6/2019.]

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Search for this case: Balura et al v. Ethicon, Inc. et al
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Plaintiff: Cathy Balura
Represented By: John K. Powers
Represented By: Lee Balefsky
Represented By: Laura M. Jordan
Represented By: Tracie L. Palmer
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Plaintiff: Peter Balura
Represented By: John K. Powers
Represented By: Lee Balefsky
Represented By: Laura M. Jordan
Represented By: Tracie L. Palmer
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Defendant: Ethicon Inc.
Represented By: Maha M. Kabbash
Represented By: Kelly S. Crawford
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Defendant: Johnson & Johnson
Represented By: Maha M. Kabbash
Represented By: Kelly S. Crawford
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Defendant: Ethicon, LLC.
Represented By: Maha M. Kabbash
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