Guyette et al v. Ethicon, Inc. et al
| Raymond Guyette and Shelley Guyette |
| Ethicon Inc. and Johnson & Johnson |
| 5:2020cv00261 |
| March 9, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Miroslav Lovric |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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Filing 75
TEXT ORDER: deeming this case related to Balura et al. v. Ethicon Inc., et al., Civil Action No. 3:19-CV-1372 (LEK/ML) under Section G.2. of General Order 12, because there exists a similarity of facts and legal issues between the two cases that will likely result in a substantial saving of judicial resources. Additionally, actions involving common questions of law or fact pending before a court may be consolidated to avoid unnecessary costs or delay pursuant to Fed. R. Civ. P., Rule 42(a). As a result, the Court finds that consolidation is appropriate; Civil Action No. 3:19-CV-1372 (LEK/ML) shall be deemed the "Lead Case" and this case shall be deemed a "Member Case." ALL FUTURE FILINGS MUST BE FILED IN THE LEAD ACTION ONLY, 3:19-cv-1372 (LEK/ML). NO FURTHER SUBMISSIONS ARE TO BE FILED IN THIS ACTION. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/23/2020.(jdp)
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| Docket Annotation: Case 3:19-CV-1372 will be the lead case and all further docketing shall be done in the lead case ONLY. (jdp ) |
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Filing 74
STIPULATION AND ORDERED that Defendants Ethicon, Inc., and Johnson & Johnsons Motion for Partial Summary Judgment is MOOT based upon the parties agreement to stipulate to the dismissal of the following claims with prejudice and without costs: 1.Count II: Strict liability - Manufacturing defect; 2. Count IV: Strict liability defective product; 3.Count VI: Common law fraud; 4.Count VII: Fraudulent concealment; 5.Count VIII: Constructive fraud; 6.Count IX: Negligent Misrepresentation; 7.Count X: Negligent infliction of emotional distress; 8.Count XI: Breach of express warranty; 9.Count XII: Breach of implied warranty; 10.Count XIII: Violation of consumer protection laws; and 11.Count XV: Unjust enrichment. IT IS FURTHER ORDERED that the following claims remain in this case: 1. Count I: Negligence Design Defect; 2. Count I: Negligence Failure to Warn; 3. Count III: Strict Liability Failure to Warn;4. Count V: Strict Liability Design Defect; 5. Count XIV: Gross negligence;6. Count XVI: Loss of Consortium; 7. Count XVII: Punitive Damages; and8. Count XVIII: Discovery Rule and Tolling. Signed by Senior Judge Lawrence E. Kahn on April 21, 2020. (sas)
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| Filing 73 STIPULATION of Dismissal (Partial) and Order by Ethicon Inc., Johnson & Johnson submitted to Judge Miroslav Lovric, U.S.M.J.. (Kabbash, Maha) |
| Filing 72 CIVIL CASE MANAGEMENT PLAN and Joint Rule 26 (f) Report by Ethicon Inc., Johnson & Johnson. (Kabbash, Maha) |
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Filing 71
ORDER granting #63 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/31/2020. (jdp, )
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Filing 70
ORDER granting #62 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/30/2020. (jdp, )
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| Filing 69 Supplemental Admission documents re: #63 Motion for Limited Admission Pro Hac Vice. (Balefsky, Lee) |
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Filing 68
ORDER granting #61 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 3/30/2020. (jdp, )
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| Filing 67 NOTICE of Appearance by John K. Powers on behalf of All Plaintiffs (Powers, John) (Main Document 67 replaced on 3/30/2020) (kmp, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #67 Notice of Appearance. Clerk replaced this document with a flattened version, so that no changes could be made to the document. (kmp) |
| Filing 66 Supplemental Admission documents re: #63 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Filing 65 Supplemental Admission documents re: #62 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Filing 64 Supplemental Admission documents re: #61 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Declaration)(Jordan, Laura) |
| Notice of Filing Deficiency re: #62 Motion for Limited Admission Pro Hac Vice of Christopher Gomez. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice in the form published by the Court 12/2019 The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #63 Motion for Limited Admission Pro Hac Vice of Lee B. Batefsky. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice published by the Court on 12/2019, new Attorney Registration form. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #63 Motion for Limited Admission Pro Hac Vice of Lee B. Balefsky. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice in the form published by the Court on 12/2019, signed and dated Attorney Registration Form; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #60 Notice of Appearance. Clerk replaced this document with a flattened version, so that no changes could be made to the document. (kmp) |
| Filing 63 MOTION for Limited Admission Pro Hac Vice of Lee B. Balefsky Filing fee $100, receipt number ANYNDC-5071102. filed by Raymond Guyette, Shelley Guyette. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 62 MOTION for Limited Admission Pro Hac Vice of Christopher A. Gomez Filing fee $100, receipt number ANYNDC-5071094. filed by Raymond Guyette, Shelley Guyette. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 61 MOTION for Limited Admission Pro Hac Vice of Aaron L. Dunbar Filing fee $100, receipt number ANYNDC-5071076. filed by Raymond Guyette, Shelley Guyette. Motions referred to Miroslav Lovric. (Jordan, Laura) |
| Filing 60 NOTICE of Appearance by Laura M. Jordan on behalf of All Plaintiffs (Jordan, Laura) (Main Document 60 replaced on 3/26/2020) (kmp, ). |
| Filing 59 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ethicon Inc., Johnson & Johnson. (Kabbash, Maha) |
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Filing 58
TEXT ORDER: Defendants' joint letter request #57 is GRANTED. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/19/2020. (jdp )
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| Filing 57 Letter Request Letter Motion from Defendants for Ethicon Inc., Johnson & Johnson requesting Joint Request to be Relieved of the Obligation to Exchange Rule 26 Disclosures submitted to Judge Lovric . (Kabbash, Maha) |
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Filing 56
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. Magistrate Judge Therese Wiley Dancks no longer assigned to case. Senior Judge Lawrence E. Khan will remain assigned to case. Signed by Chief Judge Glenn T. Suddaby on March 17, 2020. (kmp)
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Filing 55
TEXT ORDER: Court reviewed motion to withdraw (Dkt. No. #54 ) which is denied without prejudice. Movant Attorney Jiminez indicates Attorney Lee Balefsky of Kline & Specter, PC, "is currently identified as counsel of record for Plaintiff and will continue to serve as counsel for Plaintiff in this action." (Dkt. No. #54 at 1.) However, Attorney Balefsky has not filed a notice of appearance to date. Therefore, Attorney Jiminez remains as counsel for Plaintiff and may renew her motion to withdraw after Attorney Balefsky files a notice of appearance in this District. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/12/2020. (sg)
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| Filing 54 MOTION to Withdraw as Attorney Priscilla E. Jimenez filed by Raymond Guyette, Shelley Guyette. (Attachments: #1 Certificate of Service, #2 Proposed Order/Judgment) (Jimenez, Priscilla) |
| Filing 53 NOTICE by Ethicon Inc., Johnson & Johnson of Withdrawal of Counsel (Kabbash, Maha) |
| Filing 52 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Johnson & Johnson (Kabbash, Maha) |
| Filing 51 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Johnson & Johnson (Crawford, Kelly) |
| Filing 50 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 4/27/2020 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/20/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copies served upon Attorneys' electronically} (jmb) |
| Filing 49 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants'; Attorney William M. Gage, Esq., Ashley Nader Stubbs, Esq., Paul Stokely Rosenblatt, Esq., and Kari L. Sutherland, Esq., Email addresses are: william.gage@butlersnow.com, ashley.stubbs@butlersnow.com, paul.rosenblatt@butlersnow.com and kari.sutherland@butlersnow.com. Phone numbers are: 601-985-4561, 601-985-4572, 601-985-4596 and 901-680-7354. Admissions due by 3/23/2020. Copy of Notice sent to Attorneys electronically} (jmb) |
| Filing 48 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants'; Attorney Susan M. Robinson, Esq., Email address is srobinson@tcspllc.com. Phone number is 304-414-1800. Admissions due by 3/23/2020. {Copy of Notice sent to Attorney electronically} (jmb) |
| Filing 47 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendants'; Attorney Molly E. Flynn, Esq., Email address is molly.flynn@faegredrinker.com. Phone number is 215-988-2700. Admissions due by 3/23/2020. {Copy of Notice sent to Attorney electronically} (jmb) |
| Filing 46 NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiffs'; Attorneys' Lee B. Balefsky, Esq., Michelle L. Tiger, Esq., and Priscilla E. Jimenez, Esq., Email addresses are: Lee.Balefsky@Klinespecter.com; mtiger@youmancaputo.com; and priscilla.jimenez@klinespecter.com. Phone number is 215-772-1000. Admissions due by 3/23/2020. {Copies of Notice sent to the attorneys electronically} (jmb) |
| Filing 45 Case transferred in from District of West Virginia Southern; Case Number 2:15-cv-00702. electronically transferred when case opened |
| Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (1986) Pls Amended Mot to Exclude Thomas C. Wright, Jr., #2 Exhibit MDL ECF (1988) Pls Mem in Support of Amended Mot to Exclude Thomas C. Wright, Jr., #3 Exhibit MDL ECF (2143) Defs Resp to Amended Mot to Exclude Thomas C. Wright, Jr., #4 Exhibit MDL ECF (3844) Pls Reply to Notice of Adoption of Prior Response of Thomas C. Wright, Jr., #5 Exhibit MDL ECF (6864) Notice of Adoption of Pls Mot to Exclude Thomas C. Wright, Jr., #6 Exhibit MDL ECF (6973) Notice of Adoption of Response to Pls Mot to Exclude Thomas C. Wright, Jr., #7 Exhibit MDL ECF (7119) Notice of Adoption of Reply to Pls Mot to Exclude Thomas C. Wright, Jr.)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (3671) Pls Mot to Exclude Harvey A. Winkler, #2 Exhibit MDL ECF (3675) Pls Mem in Support of Mot to Exclude Harvey A. Winkler, #3 Exhibit MDL ECF (3784) Defs Resp to Mot to Exclude Harvey A. Winkler, #4 Exhibit MDL ECF (3863) Pls Reply to Mot to Exclude Harvey A. Winkler, #5 Exhibit MDL ECF (6862) Notice of Adoption of Pls Mot to Exclude Harvey A. Winkler, #6 Exhibit MDL ECF (6967) Notice of Adoption of Response to Pls Mot to Exclude Harvey A. Winkler, #7 Exhibit MDL ECF (7117) Notice of Adoption of Reply to Pls Mot to Exclude Harvey A. Winkler)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (2060) Pls Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) Pls Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) Defs Resp to Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) Pls Reply to Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) Defs Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (6860) Notice of Adoption of Pls Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) Notice of Adoption of Response to Pls Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) Notice of Adoption of Reply to Pls Mot to Exclude Timothy Ulatowski)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (2205) Part 1 Pls Mot to Exclude Steven Maclean, #2 Exhibit MDL ECF (2205) Part 2 Pls Mot to Exclude Steven Maclean, #3 Exhibit MDL ECF (2205) Part 3 Pls Mot to Exclude Steven Maclean, #4 Exhibit MDL ECF (2206) Pls Mem in Support of Mot to Exclude Steven Maclean, #5 Exhibit MDL ECF (2287) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #6 Exhibit MDL ECF (2287) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #7 Exhibit MDL ECF (2297) Pls Reply to Mot to Exclude Steven Maclean, #8 Exhibit MDL ECF (2552) Part 1 Defs Resp to Mot to Exclude Steven Maclean, #9 Exhibit MDL ECF (2552) Part 2 Defs Resp to Mot to Exclude Steven Maclean, #10 Exhibit MDL ECF (2552) Part 3 Defs Resp to Mot to Exclude Steven Maclean, #11 Exhibit MDL ECF (2825) Pls Mot to Exclude Steven Maclean, #12 Exhibit MDL ECF (2826) Pls Mem in Support of Mot to Exclude Steven Maclean, #13 Exhibit MDL ECF (2942) Defs Resp to Mot to Exclude Steven Maclean, #14 Exhibit MDL ECF (3053) Pls Reply to Mot to Exclude Steven Maclean, #15 Exhibit MDL ECF (6824) Notice of Adoption of Pls Mot to Exclude Steven Maclean, #16 Exhibit MDL ECF (6998) Notice of Adoption of Response to Pls Mot to Exclude Steven Maclean, #17 Exhibit MDL ECF (7100) Notice of Adoption of Reply to Pls Mot to Exclude Steven Maclean)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (2050) Pls Mot to Exclude Nicole Fleischmann, #2 Exhibit MDL ECF (2051) Pls Mem in Support of Mot to Exclude Nicole Fleischmann, #3 Exhibit MDL ECF (2159) Defs Resp to Mot to Exclude Nicole Fleischmann, #4 Exhibit MDL ECF (2230) Pls Reply to Mot to Exclude Nicole Fleischmann, #5 Exhibit MDL ECF (6798) Notice of Adoption of Pls Mot to Exclude Nicole Fleischmann, #6 Exhibit MDL ECF (7019) Notice of Adoption of Response to Pls Mot to Exclude Nicole Fleischmann, #7 Exhibit MDL ECF (7440) Notice of Adoption of Reply to Pls Mot to Exclude Nicole Fleischmann)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (2047) Part 1 - Defs Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2047) Part 3 - Defs Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2047) Part 4 - Defs Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2047) Part 5 - Defs Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2047) Part 6 - Defs Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2047) Part 7 - Defs Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2047) Part 8 - Defs Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2047) Part 9 - Defs Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2047) Part 10 - Defs Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (2047) Part 11 - Defs Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (2047) Part 12 - Defs Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (2047) Part 13 - Defs Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (2047) Part 14 - Defs Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (2817) - Defs Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (2818) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (2931) Pls Resp to Mot to Exclude Bruce Rosenzweig, #18 Exhibit MDL ECF (3024) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #19 Exhibit MDL ECF (5332) - Defs Mot to Exclude Bruce Rosenzweig, #20 Exhibit MDL ECF (5333) Defs Mem in Support of Mot to Exclude Bruce Rosenzweig, #21 Exhibit MDL ECF (5482) Pls Resp to Mot to Exclude Bruce Rosenzweig, #22 Exhibit MDL ECF (5548) - Defs Reply in Support of Mot to Exclude Bruce Rosenzweig, #23 Exhibit MDL ECF (6852) - Notice of Adoption of Defs Mot to Exclude Bruce Rosenzweig, #24 Exhibit MDL ECF (6960) Notice of Adoption of Pls' Resp to Defs Mot to Exclude Bruce Rosenzweig)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (2759) - Defs Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2760) Defs Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2949) Pls Resp to Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (3017) - Defs Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (6821) - Notice of Adoption of Defs Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (6958) Notice of Adoption of Pls' Resp to Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (7177) Notice of Adoption of Reply to Defs Mot to Exclude Peggy Pence)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 37 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (3626) Part 1- Defs Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (3626) Part 2- Defs Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (3630) Defs Mem in Support of Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (3767) Part 1 Pls Resp to Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (3767) Part 2 Pls Resp to Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3767) Part 3 Pls Resp to Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3767) Part 4 Pls Resp to Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3855) - Defs Reply in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (6648) - Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (6833) Amended Notice of Adoption of Defs Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (6926) Notice of Adoption of Pls' Resp to Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (7123) Notice of Adoption of Reply to Defs Mot to Exclude Uwe Klinge)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 36 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #35 CONTINUED, MDL ECF (3619) Part 1- Defs Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 2- Defs Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3621) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 1 Pls Resp to Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3790) Part 2 Pls Resp to Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 3 Pls Resp to Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3865) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (6874) Part 1 - Defs Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (6874) Part 2 - Defs Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (6874) Part 3 - Defs Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (6875) Defs Mem in Support of Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (7038) Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7045) Pls Resp to Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (7085) Amended Notice of Adoption of Pls' Resp to Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (7183) - Defs Reply in Support of Mot to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 35 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) Amended Short Form Complaint)(Gage, William) (Modified on 3/2/2020 to add party filers) (msa). [Transferred from West Virginia Southern on 3/9/2020.] |
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Filing 34
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 03/06/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 03/05/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 02/21/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 33
ORDER granting #22 UNOPPOSED MOTION for Extension of Time to Complete Discovery. Signed by Judge Joseph R. Goodwin on 2/20/2020. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE by Shelley Guyette, Raymond Guyette (Balefsky, Lee) (Modified on 5/1/2019 to add party filer)(slr). [Transferred from West Virginia Southern on 3/9/2020.] |
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Filing 30
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 29
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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Filing 28
ORDER granting the Motions filed in MDL 2327 by Ethicon, Inc., Johnson & Johnson to Substitute Susan M. Robinson as Counsel in lieu of David B. Thomas, and to Substitute William M. Gage as Counsel in lieu of Christy D. Jones; the Clerk is directed to terminate Christy D. Jones and to substitute William M. Gage as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Christy D. Jones is associated, and to terminate David B. Thomas and to substitute Susan M. Robinson as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which David B. Thomas is associated. Signed by Judge Joseph R. Goodwin on 5/24/2018. (cc: counsel of record; any unrepresented party) (ts) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 27 OPPOSITION by Raymond Guyette, Shelley Guyette to #25 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order, #2 Certificate of Service)(Balefsky, Lee) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 26 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #25 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 24 NOTICE of Issuing Subpoena to Dr. Nanci Hawkins by Ethicon, Inc., Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 23 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Nanci Hawkins on 10/18/2018 at 5:00 p.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 22 UNOPPOSED MOTION by Ethicon, Inc., Johnson & Johnson for Extension of Discovery Deadline to Take Implanting Physician's Deposition Due to Misidentification of Implanting Physician in Medical Records (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 21 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFF'S FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Shelley Guyette, Raymond Guyette (Stubbs, Ashley) (Modified on 10/4/2018 to add party filers)(rmc). [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 20 NOTICE of Issuing Subpoena to Dr. Adedayo Onibokun by Ethicon, Inc., Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 19 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Adedayo Onibokun on 9/28/2018 at 9:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 17 NOTICE of Issuing Subpoena to Dr. Adedayo Onibokun by Ethicon, Inc., Johnson & Johnson (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Adedayo Onibokun on 8/29/2018 at 10:00 a.m. (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
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Filing 15
PRETRIAL ORDER # 303 (Amended Docket Control Order - Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to Dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; and Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (mek) (ADI) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 14 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for First Set of Interrogatories, Requests for Admission and Requests for Production. (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE by Molly E. Flynn on behalf of Ethicon, Inc., Johnson & Johnson. (Flynn, Molly) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE by Molly E. Flynn on behalf of Ethicon, Inc., Johnson & Johnson. (Flynn, Molly) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Shelly Guyette on 5/18/2018 at 9:00 a.m. EST (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Paul Stokely Rosenblatt on behalf of Ethicon, Inc., Johnson & Johnson. (Rosenblatt, Paul) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Ashley Nader Stubbs on behalf of Ethicon, Inc., Johnson & Johnson. (Stubbs, Ashley) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 7 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Nanci Hawkins on 3/5/2018 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 3/9/2020.] |
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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) (kab) [Transferred from West Virginia Southern on 3/9/2020.]
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| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 5 PLAINTIFF PROFILE FORM filed by Raymond Guyette, Shelley Guyette. (Jimenez, Priscilla) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 160 (Order Scheduling Meetings in MDLs on January 29-30, 2015) entered on 12/18/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from West Virginia Southern on 3/9/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3635981. (Attachment: #1 Civil Cover Sheet) (tlg) [Transferred from West Virginia Southern on 3/9/2020.] |
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