Lowell et al v. Ethicon, Inc. et al
| Stanley A. Lowell and Patricia Lowell |
| Boston Scientific Corporation, Johnson & Johnson, Ethicon, LLC. and Ethicon Inc. |
| 5:2019cv01383 |
| November 7, 2019 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Miroslav Lovric |
| Glenn T Suddaby |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.
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Filing 87
STIPULATION & ORDER DISMISSING CASE with prejudice. Signed by Senior Judge Lawrence E. Kahn on December 09, 2019. (sas)
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| Filing 86 STIPULATION of Dismissal consent order of dismissal by Ethicon Inc., Ethicon, LLC., Johnson & Johnson submitted to Judge Miroslav Lovric. (Crawford, Kelly) |
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Filing 85
ORDER granting #77 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 12/3/2019. (jdp, )
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Filing 84
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 )
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| Filing 83 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/5/2020 at 2:30 PM at 15 Henry Street, NY 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 ) |
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Filing 82
TEXT ORDER: Letter Motion #76 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 )
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| Filing 81 NOTICE of Appearance by Lee Balefsky on behalf of Patricia Lowell, Stanley A. Lowell (Balefsky, Lee) |
| Filing 80 NOTICE of Appearance by John K. Powers on behalf of All Plaintiffs (Powers, John) |
| Filing 79 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura) |
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Filing 78
TEXT ORDER REASSIGNING CASE. Upon review of this case, it was determined that this case is directly related to case Cathy Balura, et al. v. Ethicon, Inc., et al., 3:19-cv-1372 (LEK/ML). In the interest of judicial economy, this case is reassigned to Senior District Judge Lawrence E. Kahn and Magistrate Judge Miroslav Lovric for all further proceedings. Chief District Judge Glenn T. Suddaby and Magistrate Judge Andrew T. Baxter are no longer assigned to this case. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/25/2019. (sal )
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| Filing 77 MOTION for Limited Admission Pro Hac Vice of Lee B. Balefsky Filing fee $100, receipt number ALB011568. Motions referred to Andrew T. Baxter. (sfp, ) |
| Filing 76 Letter Motion from Kelly Crawford requesting relief from Rule 26 Mandatory Disclosure Exchange for Ethicon Inc., Ethicon, LLC., Johnson & Johnson requesting Relief from Mandatory Rule 26 Exchange Obligation submitted to Judge Andrew Baxter . (Crawford, Kelly) |
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Filing 75
TEXT ORDER granting #74 Letter Request. The Attorney Admission deadline is stayed pending the issue with PACER being resolved. In the meantime, counsel are directed to promptly file the motions for pro hac vice traditionally, together with the filing fee. SO ORDERED by Chief Judge Glenn T. Suddaby on 11/21/2019. (sal )
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| Filing 74 Letter Motion from Laura M. Jordan, Esq. for Patricia Lowell requesting Notice of filing difficulty submitted to Judge Hon. Glenn Suddaby . (Jordan, Laura) |
| TEXT NOTICE of Hearing: The telephonic Initial/Status Conference is RESCHEDULED to 12/9/2019 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. Counsel are not required to submit a Civil Case Management Plan prior to the conference. Defense counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk) |
| Filing 73 NOTICE by Ethicon Inc., Johnson & Johnson Notice of Withdrawal (Crawford, Kelly) |
| Filing 72 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Kabbash, Maha) |
| Filing 71 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) |
| Filing 70 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 11/21/2019. (plp) |
| Filing 69 NOTICE of Admission Requirement as to Defendants; Attorney Molly E. Flynn, Esq., Email address is molly.flynn@dbr.com. Phone number is 215-988-2700. Admissions due by 11/21/2019. (plp) |
| Filing 68 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 11/21/2019. (plp) |
| Filing 67 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 11/21/2019. (plp) |
| Filing 66 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 11/21/2019. (plp) |
| Filing 65 NOTICE of Admission Requirement as to Defendants; Attorney Melissa A. Merk, Esq., Email address is melissa.merk@dbr.com. Phone number is 215-988-2700. Admissions due by 11/21/2019. (plp) |
| Filing 64 NOTICE of Admission Requirement as to Defendants; Attorney Eileen Marie Somers, Esq., Email address is eileen.somers@dbr.com. Phone number is 215-988-2800. Admissions due by 11/21/2019. (plp) |
| Filing 63 NOTICE of Admission Requirement as to Defendants; Attorney David B. Thomas, Esq., Email address is dthomas@tcspllc.com. Phone number is 304-414-1800. Admissions due by 11/21/2019. (plp) |
| Filing 62 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 11/21/2019. (plp) |
| Filing 61 NOTICE of Admission Requirement as to Plaintiffs; Attorney Priscilla E. Jiminez, Email address is priscilla.jiminez@klinespecter.com. Phone number is 215-772-1000. Admissions due by 11/21/2019. (plp) |
| Filing 60 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 11/21/2019. (plp) |
| Filing 59 NOTICE of Admission Requirement as to Plaintiffs; Attorney Lee B. Balefsky, Esq., Email address is lee.balefsky@klinespecter.com. Phone number is 215-772-1000. Admissions due by 11/21/2019. (plp) |
| Filing 58 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/6/2020 10:30 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 12/30/2019. (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 57 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-01801. electronically transferred when case opened |
| Filing 56 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued (6852), #2 Exhibit ECF#53 Continued (6960), #3 Exhibit ECF#53 Continued (4355), #4 Exhibit ECF#53 Continued (4361), #5 Exhibit ECF#53 Continued (4554), #6 Exhibit ECF#53 Continued (4625), #7 Exhibit ECF#53 Continued (6827), #8 Exhibit ECF#53 Continued (6961))(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 55 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued (4675) Part 1, #2 Exhibit ECF#53 Continued (4675) Part 2, #3 Exhibit ECF#53 Continued (4692), #4 Exhibit ECF#53 Continued (6641), #5 Exhibit ECF#53 Continued (6951), #6 Exhibit ECF#53 Continued (7120), #7 Exhibit ECF#53 Continued (3626) Part 1, #8 Exhibit ECF#53 Continued (3626) Part 2, #9 Exhibit ECF#53 Continued (3630), #10 Exhibit ECF#53 Continued (3767) Part 1, #11 Exhibit ECF#53 Continued (3767) Part 2, #12 Exhibit ECF#53 Continued (3767) Part 3, #13 Exhibit ECF#53 Continued (3767) Part 4, #14 Exhibit ECF#53 Continued (3855), #15 Exhibit ECF#53 Continued (6648), #16 Exhibit ECF#53 Continued (6833), #17 Exhibit ECF#53 Continued (6926), #18 Exhibit ECF#53 Continued (7123), #19 Exhibit ECF#53 Continued (2817), #20 Exhibit ECF#53 Continued (2818), #21 Exhibit ECF#53 Continued (2931), #22 Exhibit ECF#53 Continued (5332), #23 Exhibit ECF#53 Continued (5333), #24 Exhibit ECF#53 Continued (5482))(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 54 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#53 Continued (2825), #2 Exhibit ECF#53 Continued (2826), #3 Exhibit ECF#53 Continued (2942), #4 Exhibit ECF#53 Continued (3053), #5 Exhibit ECF#53 Continued (6824), #6 Exhibit ECF#53 Continued (6998), #7 Exhibit ECF#53 Continued (7100), #8 Exhibit ECF#53 Continued (2060), #9 Exhibit ECF#53 Continued (2065), #10 Exhibit ECF#53 Continued (2134), #11 Exhibit ECF#53 Continued (2232), #12 Exhibit ECF#53 Continued (2910), #13 Exhibit ECF#53 Continued (6860), #14 Exhibit ECF#53 Continued (6965), #15 Exhibit ECF#53 Continued (7143), #16 Exhibit ECF#53 Continued (3617), #17 Exhibit ECF#53 Continued (3618), #18 Exhibit ECF#53 Continued (3851), #19 Exhibit ECF#53 Continued (4920), #20 Exhibit ECF#53 Continued (6861), #21 Exhibit ECF#53 Continued (6991), #22 Exhibit ECF#53 Continued (7144), #23 Exhibit ECF#53 Continued (4573) Part 1, #24 Exhibit ECF#53 Continued (4573) Part 2, #25 Exhibit ECF#53 Continued (4573) Part 3, #26 Exhibit ECF#53 Continued (4573) Part 4)(Gage, William) (Modified on 10/28/2019 to add party filers) (slr). [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 53 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238), #2 Exhibit (239), #3 Exhibit (240), #4 Exhibit (241), #5 Exhibit (262), #6 Exhibit (263), #7 Exhibit (2050), #8 Exhibit (2051), #9 Exhibit (2159), #10 Exhibit (2230), #11 Exhibit (6798), #12 Exhibit (7019), #13 Exhibit (7440), #14 Exhibit (2005), #15 Exhibit (2007), #16 Exhibit (2165), #17 Exhibit (2237), #18 Exhibit (6810), #19 Exhibit (6982), #20 Exhibit (7098), #21 Exhibit (2205) Part 1, #22 Exhibit (2205) Part 2, #23 Exhibit (2205) Part 3, #24 Exhibit (2206), #25 Exhibit (2287) Part 1, #26 Exhibit (2287) Part 2)(Gage, William) (Modified on 10/28/2019 to add party filers)(slr). [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 52
ORDER granting #51 JOINT MOTION by Boston Scientific Corporation, Patricia Lowell, Stanley A. Lowell to Dismiss Boston Scientific Corporation Without Prejudice, Defendant Boston Scientific Corporation only is dismissed without prejudice, each party to bear its own costs. Signed by Judge Joseph R. Goodwin on 10/24/2019. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 11/7/2019.]
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| Filing 51 JOINT MOTION by Boston Scientific Corporation, Patricia Lowell, Stanley A. Lowell to Dismiss Boston Scientific Corporation Without Prejudice. (Strongman, Jon) (Modified on 10/23/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 50
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 11/7/2019.]
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Filing 49
ORDER granting the #24 construed Motion to Dismiss; Ethicon, LLC is dismissed with prejudice. Signed by Judge Joseph R. Goodwin on 6/7/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 11/7/2019.]
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| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit 1 - List of Cases, #2 Exhibit 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 47 RESPONSE TO ORDER TO SHOW CAUSE by Patricia Lowell, Stanley A. Lowell (Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 45
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 11/7/2019.]
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Filing 44
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) (sak) (ADI) [Transferred from West Virginia Southern on 11/7/2019.]
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| Filing 43 MEMORANDUM by Patricia Lowell, Stanley A. Lowell in support of #42 OPPOSITION to Defendant's Motion to Exclude Case Specific Opinions of Dr. Elizabeth Moore. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 42 OPPOSITION by Patricia Lowell, Stanley A. Lowell to #40 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Case Specific Opinions of Dr. Elizabeth Moore. (Attachments: #1 Proposed Order, #2 Exhibits)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 41 OPPOSITION by Patricia Lowell, Stanley A. Lowell to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 40 MOTION And Memorandum by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Exclude Case Specific Opinions of Dr. Elizabeth Moore. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 39 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #38 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 38 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 36 NOTICE OF VIDEOTAPE DEPOSITION DUCES TECUM by Boston Scientific Corporation of Elizabeth Moore on November 5, 2018 at 9:00 a.m. (Strongman, Jon) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 35 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Meredith Colasino on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 34 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Daron Lowell on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 33 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Damon Lowell on October 3, 2018 at 9:00 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 32 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 11/7/2019.] |
| Filing 31 CERTIFICATE OF SERVICE by Boston Scientific Corporation for Rule 26 Designation and Disclosure of Expert Witnesses. (Anielak, Eric) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 30 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Patricia Lowell on July 31, 2018 at 11:30 a.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 29 RESPONSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #24 Notice of Voluntary Dismissal. (Robinson, Susan) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 28 NOTICE OF ATTORNEY APPEARANCE by Eileen Marie Somers on behalf of Ethicon, Inc., Johnson & Johnson. (Somers, Eileen) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Patricia Lowell on July 16, 2018 at 9:00 AM (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 26 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Molly E. Flynn on behalf of Ethicon, Inc., Johnson & Johnson. (Flynn, Molly) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Muhammad Naim, M.D. on August 15, 2018 at 1:00 p.m. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 24 NOTICE OF VOLUNTARY DISMISSAL With Prejudice by Patricia Lowell, Stanley A. Lowell pursuant to Rule 41, Federal Rules of Civil Procedure (Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 23
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (kab) (ADI) [Transferred from West Virginia Southern on 11/7/2019.]
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| Filing 22 CERTIFICATE OF SERVICE by Patricia Lowell, Stanley A. Lowell for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Gomez, Christopher) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 21 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First of Interrogatories, Requests for Admissions and Requests for Production to Plaintiff. (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by James H. Keale on behalf of Boston Scientific Corporation. (Keale, James) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 19 NOTICE OF WITHDRAWAL OF NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson re: #15 Notice of Videotaped Deposition. (Gage, William) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Patricia Lowell on April 3, 2018 at 9:00 a.m (Merk, Melissa) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 17 NOTICE OF DEPOSITION DUCES TECUM by Boston Scientific Corporation of Patricia Lowell on April 3, 2018 at 9:00 a.m. (Keale, James) [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 16
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) (kp) (ADI) [Transferred from West Virginia Southern on 11/7/2019.]
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| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Muhammad Mas Naim on 3/6/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 14 PLAINTIFF PROFILE FORM filed by Patricia Lowell, Stanley A. Lowell. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 11/7/2019.] |
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Filing 13
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where 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 11/7/2019.]
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| Filing 12 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 11/7/2019.] |
| Filing 11 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 11/7/2019.] |
| Filing 10 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 11/7/2019.] |
| Filing 9 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 11/7/2019.] |
| Filing 8 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 2/19/2013, answer due 3/12/2013. Summons served on scott lascala. (Balefsky, Lee) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 7 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman/Partner on 02/14/2013. Boston Scientific Corporation waiver mailed on 2/8/2013, answer due 4/9/2013. (Strongman, Jon) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 5 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 11/7/2019.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., and Ethicon, LLC, 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). (mmw) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 37 (Revised Verifications and Authorizations attached to Plaintiff Profile Form) entered on 01/24/2013 in MDL 2327 to attorneys in member case. (Attachment: #1 Verifications and Authorizations) (jap) [Transferred from West Virginia Southern on 11/7/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2204310. (Attachment: #1 Civil Cover Sheet) (mh) [Transferred from West Virginia Southern on 11/7/2019.] |
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