Martziaris v. Ethicon, Inc. et al
Plaintiff: Carol A. Martziaris
Defendant: Ethicon Inc., Johnson & Johnson and Ethicon, LLC.
Case Number: 5:2020cv00611
Filed: June 3, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Brenda K Sannes
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2020 Filing 77 Mail Returned as Undeliverable as to the #65 Notice of Admission Requirement, sent to Kyla G. Cole, Esq. Address sent to Waters & Krause, LLP, 3219 McKinney Ave, Dallas, TX 75204. (kmp)
June 17, 2020 Filing 76 TEXT ORDER: As a result of Text Order 75 , the Court finds that consolidation is appropriate. Civil Action No. 3:19-CV-1372 (LEK/ML) has been 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 U.S. Magistrate Judge Miroslav Lovric on 6/17/2020.(jdp )
June 17, 2020 Served Plaintiffs' counsel with Text Order entered don 6/17/20 via e-mail. (sal)
June 17, 2020 Opinion or Order Filing 75 TEXT ORDER REASSIGNING CASE. Upon further review of this case, the Court finds that this action is related to the earlier case Balura et al v. Ethicon, Inc. et al (Case No. 3:19-cv-1372 (LEK/ML)) and therefore, in accordance with the Court's related case policy (See General Order 12) and in the interest of judicial economy, the Court sua sponte directs the Clerk to reassign this case to Senior U.S. District Judge Lawrence E. Kahn and Magistrate Judge Miroslav Lovric for all further proceedings. U.S. District Judge Brenda K. Sannes and U.S. Magistrate Judge Andrew T. Baxter no longer assigned to case. SO ORDERED by Chief Judge Glenn T. Suddaby on 6/17/2020. (sal)
June 4, 2020 Filing 74 TEXT ORDER: The Rule 16 conference set for 7/22/2020 and 7/15/2020 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 6/4/2020. (nmk)
June 4, 2020 Filing 73 NOTICE of Appearance by Maha M. Kabbash on behalf of Ethicon Inc., Ethicon, LLC., Johnson & Johnson (Kabbash, Maha)
June 4, 2020 Filing 72 NOTICE of Appearance by Kelly S. Crawford on behalf of Ethicon Inc., Ethicon, LLC., Johnson & Johnson (Crawford, Kelly)
June 4, 2020 Filing 71 NOTICE by Ethicon Inc., Ethicon, LLC., Johnson & Johnson of Withdrawal of Counsel (Gerstel, Diana)
June 4, 2020 Filing 70 NOTICE of Appearance by Diana Katz Gerstel on behalf of Ethicon Inc., Ethicon, LLC., Johnson & Johnson (Gerstel, Diana)
June 3, 2020 Filing 69 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/22/2020 11:30 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 7/15/2020. (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)
June 3, 2020 Filing 68 NOTICE of Admission Requirement as to Defendants: David B. Thomas, Esq. (dthomas@tcspllc.com 304-414-1800); Susan M. Robinson, Esq. (srobinson@tcspllc.com 304-414-1800); Admissions due by 6/17/2020. (plp)
June 3, 2020 Filing 67 NOTICE of Admission Requirement as to Defendants: Kari L. Sutherland, Esq. (kari.sutherland@butlersnow.com 901-680-7354); Admissions due by 6/17/2020. (plp)
June 3, 2020 Filing 66 NOTICE of Admission Requirement as to Defendants: Christy D. Jones, Esq. (christy.jones@butlersnow.com 601-948-5711), William M. Gage, Esq. (william.gage@butlersnow.com 601-985-4561). Admissions due by 6/17/2020. (plp)
June 3, 2020 Filing 65 NOTICE of Admission Requirement as to Plaintiffs: Erin M. Wood, Esq. (ewood@waterskraus.com), Kyla Cole, Esq. (kcole@waterskraus.com), Leslie C. MacLean, Esq. (lmaclean@waterskraus.com), Rachel A. Gross, Esq. (rgross@waterskraus.com). Firm phone number: 214-357-6244 Admissions due by 6/17/2020. (plp)
June 3, 2020 Filing 64 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-12603. electronically transferred when case opened
May 22, 2020 Filing 63 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski, #6 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski, #7 Exhibit MDL ECF (8529) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8623) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 62 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2205) Part 1 - Pls' Mot to Exclude Steven MacLean, #2 Exhibit MDL ECF (2205) Part 2 - Pls' Mot to Exclude Steven MacLean, #3 Exhibit MDL ECF (2205) Part 3 - Pls' Mot to Exclude Steven MacLean, #4 Exhibit MDL ECF (2206) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #5 Exhibit MDL ECF (2287) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #6 Exhibit MDL ECF (2287) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #7 Exhibit MDL ECF (2297) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #8 Exhibit MDL ECF (2552) Part 1 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #9 Exhibit MDL ECF (2552) Part 2 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #10 Exhibit MDL ECF (2552) Part 3 - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #11 Exhibit MDL ECF (2825) - Pls' Mot to Exclude Steven MacLean, #12 Exhibit MDL ECF (2826) - Pls' Mem in Support of Mot to Exclude Steven MacLean, #13 Exhibit MDL ECF (2942) - Defs' Resp to Pls' Mot to Exclude Steven MacLean, #14 Exhibit MDL ECF (3053) - Pls' Reply in Support of Mot to Exclude Steven MacLean, #15 Exhibit MDL ECF (8496) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8609) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 61 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (4868) - Pls' Mot to Exclude Terry Colgan, #2 Exhibit MDL ECF (4870) - Pls' Mem in Support of Mot to Exclude Terry Colgan, #3 Exhibit MDL ECF (4949) - Defs' Resp to Pls' Mot to Exclude Terry Colgan, #4 Exhibit MDL ECF (8478) - Notice of Adoption of Pls' Mot to Exclude Terence Colgan, #5 Exhibit MDL ECF (8607) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Terence Colgan)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 60 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2044) Part 1 - Pls' Mot to Exclude Nicolette Horbach, #2 Exhibit MDL ECF (2044) Part 2 - Pls' Mot to Exclude Nicolette Horbach, #3 Exhibit MDL ECF (2045) - Pls' Mem in Support of Mot to Exclude Nicolette Horbach, #4 Exhibit MDL ECF (2183) - Defs' Resp to Pls' Mot to Exclude Nicolette Horbach, #5 Exhibit MDL ECF (2235) - Pls' Reply in Support of Mot to Exclude Nicolette Horbach, #6 Exhibit MDL ECF (2907) - Defs' Resp to Pls' Mot to Exclude Nicolette Horbach, #7 Exhibit MDL ECF (8528) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Nicolette Horbach, #8 Exhibit MDL ECF (8633) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Nicolette Horbach)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 59 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (6887) - Pls' Mot to Exclude Catherine Matthews, #2 Exhibit MDL ECF (6897) - Pls' Mem in Support of Mot to Exclude Catherine Matthews, #3 Exhibit MDL ECF (7027) - Defs' Resp to Pls' Mot to Exclude Catherine Matthews, #4 Exhibit MDL ECF (8497) - Notice of Adoption of Pls' Mot to Exclude Catherine Matthews, #5 Exhibit MDL ECF (8629) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Catherine Matthews)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 58 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2251) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3790) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3790) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3790) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3865) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (8075) Part 1- Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (8075) Part 2- Defs' Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (8075) Part 3- Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (8075) Part 4- Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (8075) Part 5- Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (8075) Part 6- Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (8075) Part 7- Defs' Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (8075) Part 8- Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (8075) Part 9- Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (8076) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (8322) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (8512) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (8585) - Notice of Adoption of Plfs' Resp to Defs' Mot to Exclude Vladimir Iakovlev)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 57 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2066) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (2066) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (2066) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (2066) Part 4 - Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (2066) Part 5 - Defs' Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (2066) Part 6 - Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (2070) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (2185) Part 1- Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (2185) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (2185) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (2185) Part 4 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (2185) Part 5 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (2185) Part 6 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (2185) Part 7 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (2185) Part 8 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (2185) Part 9 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #17 Exhibit MDL ECF (2185) Part 10 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #18 Exhibit MDL ECF (2185) Part 11 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #19 Exhibit MDL ECF (2185) Part 12 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #20 Exhibit MDL ECF (2185) Part 13 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #21 Exhibit MDL ECF (2185) Part 14 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #22 Exhibit MDL ECF (2185) Part 15 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 56 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2188) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (2188) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (2188) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (2188) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (2200) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (3626) Part 1 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (3626) Part 2 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (3630) - Defs' Mem in Support of Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (3767) Part 1 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (3767) Part 2 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (3767) Part 3 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (3767) Part 4 - Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (3855) - Defs' Reply in Support of Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (8519) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (8588) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 55 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (1978) Part 1 - Defs' Mot to Exclude Uwe Klinge, #2 Exhibit MDL ECF (1978) Part 2 - Defs' Mot to Exclude Uwe Klinge, #3 Exhibit MDL ECF (1978) Part 3 - Defs' Mot to Exclude Uwe Klinge, #4 Exhibit MDL ECF (1978) Part 4 - Defs' Mot to Exclude Uwe Klinge, #5 Exhibit MDL ECF (1978) Part 5 - Defs' Mot to Exclude Uwe Klinge, #6 Exhibit MDL ECF (1978) Part 6 - Defs' Mot to Exclude Uwe Klinge, #7 Exhibit MDL ECF (1978) Part 7 - Defs' Mot to Exclude Uwe Klinge, #8 Exhibit MDL ECF (1978) Part 8 - Defs' Mot to Exclude Uwe Klinge, #9 Exhibit MDL ECF (1978) Part 9 - Defs' Mot to Exclude Uwe Klinge, #10 Exhibit MDL ECF (1978) Part 10 - Defs' Mot to Exclude Uwe Klinge, #11 Exhibit MDL ECF (1978) Part 11 - Defs' Mot to Exclude Uwe Klinge, #12 Exhibit MDL ECF (1978) Part 12 - Defs' Mot to Exclude Uwe Klinge, #13 Exhibit MDL ECF (1978) Part 13 - Defs' Mot to Exclude Uwe Klinge, #14 Exhibit MDL ECF (1978) Part 14 - Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (1978) Part 15 - Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (1978) Part 16 - Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (1978) Part 17- Defs' Mot to Exclude Uwe Klinge, #18 Exhibit MDL ECF (1978) Part 18 - Defs' Mot to Exclude Uwe Klinge, #19 Exhibit MDL ECF (1978) Part 19 - Defs' Mot to Exclude Uwe Klinge, #20 Exhibit MDL ECF (1978) Part 20 - Defs' Mot to Exclude Uwe Klinge, #21 Exhibit MDL ECF (1982) - Defs' Mem in Support of Mot to Exclude Uwe Klinge)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 54 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #53 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig, #16 Exhibit MDL ECF (8541) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8599) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 22, 2020 Filing 53 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 (240) - Master Answer of Ethicon LLC to First Amended Master Complaint, #4 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) (Modified on 5/25/2020 to add party filer) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
May 14, 2020 Opinion or Order Filing 52 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 5/28/2020 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 5/27/2020 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 5/14/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 6/3/2020.]
September 10, 2019 Filing 51 RESPONSES AND OBJECTIONS by Carol A. Martziaris to #42 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 9/11/2019 at 9:00 a.m. (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
September 3, 2019 Filing 50 REPLY by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to #47 Response In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 29, 2019 Filing 49 RESPONSE by Carol A. Martziaris in opposition to #39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Le-Ming Shih, M.D. (Attachments: #1 Exhibit)(Wood, Erin) [Transferred from West Virginia Southern on 6/3/2020.]
August 28, 2019 Filing 48 MEMORANDUM of Law by Carol A. Martziaris in opposition to #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibits 1-12)(Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
August 28, 2019 Filing 47 RESPONSE by Carol A. Martziaris in opposition to #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibits 1-42)(Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
August 28, 2019 Filing 46 NOTICE of Withdrawal by Carol A. Martziaris re: #45 RESPONSE by Carol A. Martziaris in opposition to 35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
August 28, 2019 NOTICE OF DOCKET CORRECTION re: #45 Response by Carol A. Martziaris in opposition to #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment. ERROR: Unredacted exhibits attached CORRECTION: Unredacted exhibits removed and replaced with redacted exhibits. (mk) [Transferred from West Virginia Southern on 6/3/2020.]
August 28, 2019 Filing 45 RESPONSE by Carol A. Martziaris in opposition to #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibits 1-42)(Gross, Rachel) (Modified on 8/28/2019 to remove and replace unredacted exhibits and to remove link to #36 memorandum) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
August 27, 2019 Filing 44 NOTICE of Withdrawal by Carol A. Martziaris re: #43 RESPONSE by Carol A. Martziaris in opposition to #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment. (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
August 27, 2019 Filing 43 RESPONSE by Carol A. Martziaris in opposition to #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibits 1-41)(Gross, Rachel) (Modified on 8/28/2019 to remove link to #36 memorandum) (mk). [Transferred from West Virginia Southern on 6/3/2020.]
August 23, 2019 Filing 42 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 9/11/2019 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 6/3/2020.]
August 22, 2019 Filing 41 AMENDED NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 9/11/2019 at 9:00 a.m. (Gage, William) [Transferred from West Virginia Southern on 6/3/2020.]
August 14, 2019 Filing 40 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in Support of #39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Le-Ming Shih, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 14, 2019 Filing 39 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Le-Ming Shih, M.D. (Attachments: #1 Exhibits A - C)(Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 13, 2019 Filing 38 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in Support of #37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 13, 2019 Filing 37 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A - E)(Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 9, 2019 Filing 36 MEMORANDUM by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in Support of #35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 9, 2019 Filing 35 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibits A - E)(Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
August 6, 2019 Filing 34 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #33 NOTICE TO TAKE DEPOSITION by Carol A. Martziaris of Dr. Terrance Colgan on 8/20/19 at 1:30 pm EDT (Gage, William) [Transferred from West Virginia Southern on 6/3/2020.]
July 30, 2019 Filing 33 NOTICE TO TAKE DEPOSITION by Carol A. Martziaris of Dr. Terrance Colgan on 8/20/19 at 1:30 pm EDT (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
July 17, 2019 Filing 32 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #31 NOTICE TO TAKE DEPOSITION by Carol A. Martziaris of Dr. Charles Ascher-Walsh on 8/13/19 at 9:00 am EDT (Gage, William) [Transferred from West Virginia Southern on 6/3/2020.]
July 10, 2019 Filing 31 NOTICE TO TAKE DEPOSITION by Carol A. Martziaris of Dr. Charles Ascher-Walsh on 8/13/19 at 9:00 am EDT (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
July 3, 2019 Filing 30 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
June 27, 2019 Filing 29 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 6/3/2020.]
June 19, 2019 Filing 28 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Bruce Rosenzweig, M.D. on 7/24/19 at 8:30 a.m. (Gage, William) [Transferred from West Virginia Southern on 6/3/2020.]
May 24, 2019 Filing 27 CERTIFICATE OF SERVICE by Carol A. Martziaris for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
April 18, 2019 Filing 26 CERTIFICATE OF SERVICE by Carol A. Martziaris for Responses and Objections to First Set of Interrogatories, Requests for Admission, and Requests for Production. (Wood, Erin) [Transferred from West Virginia Southern on 6/3/2020.]
March 21, 2019 Filing 25 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Carol A. Martziaris of Dr. Stephen Brown on 4/23/2019 at 2 pm EDT (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
March 20, 2019 Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
March 8, 2019 Filing 23 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erin M. Wood on behalf of Carol A. Martziaris. (Wood, Erin) [Transferred from West Virginia Southern on 6/3/2020.]
March 5, 2019 Filing 22 NOTICE OF ATTORNEY APPEARANCE by Leslie C. MacLean on behalf of Carol A. Martziaris. (MacLean, Leslie) (Form filed using wrong credentials. Requested attorney to file new form)(ts) [Transferred from West Virginia Southern on 6/3/2020.]
March 4, 2019 Filing 21 NOTICE OF VIDEO DEPOSITION by Carol A. Martziaris of Carol Matziaris on 3/22/19 at 9:00 a.m. EST (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
March 1, 2019 Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Carol Matziaris on 3/22/19 at 9:00 a.m. EST (Robinson, Susan) [Transferred from West Virginia Southern on 6/3/2020.]
February 15, 2019 Filing 19 PLAINTIFF FACT SHEET filed by Carol A. Martziaris. (MacLean, Leslie) [Transferred from West Virginia Southern on 6/3/2020.]
February 4, 2019 Opinion or Order Filing 18 PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, 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 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from West Virginia Southern on 6/3/2020.]
October 19, 2018 Opinion or Order Filing 17 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 6/3/2020.]
August 15, 2018 Opinion or Order Filing 16 ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (btm) [Transferred from West Virginia Southern on 6/3/2020.]
May 6, 2018 Opinion or Order Filing 15 ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (mek) (ADI) [Transferred from West Virginia Southern on 6/3/2020.]
March 28, 2018 Opinion or Order Filing 14 ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (rmc) [Transferred from West Virginia Southern on 6/3/2020.]
October 19, 2017 Opinion or Order Filing 13 ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (drs) [Transferred from West Virginia Southern on 6/3/2020.]
September 27, 2017 Opinion or Order Filing 12 INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 10/31/2017; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4423 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 9/27/2017. (cc: attys; any unrepresented party) (crg) [Transferred from West Virginia Southern on 6/3/2020.]
August 23, 2017 Opinion or Order Filing 11 ORDER on Motion filed in MDL 2327: granting MOTION by Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood, Gibbs C. Henderson and Waters & Kraus, L.L.P. for Change of Address in this MDL and in each individual member cause in which they are associated. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Leslie C. MacLean, Sara E. Coopwood, Rachel A. Gross, Erin M. Wood and/or Gibbs C. Henderson are associated. Signed by Judge Joseph R. Goodwin on 08/23/2017. (cc: attys; any unrepresented party) (drs) [Transferred from West Virginia Southern on 6/3/2020.]
June 15, 2017 Filing 10 PLAINTIFF PROFILE FORM filed by Carol A. Martziaris. (Gross, Rachel) [Transferred from West Virginia Southern on 6/3/2020.]
December 7, 2016 Filing 9 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 6/3/2020.]
February 8, 2016 Filing 8 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 6/3/2020.]
January 28, 2016 Opinion or Order Filing 7 ORDER granting MOTION by Waters & Kraus, LLP for Substitution of Leslie C. MacLean and Withdrawal of Kyla G. Cole as Counsel filed in MDL No. 2327. The Clerk is DIRECTED to terminate Kyla G. Cole as counsel for plaintiffs and to substitute Leslie C. MacLean as counsel of record, both on the main master docket and for each individual member case in MDL 2327 with which Kyla G. Cole is associated. Signed by Judge Joseph R. Goodwin on 1/28/2016. (cc: attys; any unrepresented party) (kp) [Transferred from West Virginia Southern on 6/3/2020.]
December 2, 2014 Filing 6 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 6/3/2020.]
June 23, 2013 Filing 5 SUMMONS RETURNED EXECUTED by Personal Service for Carol A. Martziaris. Carol A. Martziaris served on 6/6/2013, answer due 6/27/2013. Summons served on Melanie McGrath (Process Agent). (Cole, Kyla) [Transferred from West Virginia Southern on 6/3/2020.]
June 17, 2013 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 6/3/2020.]
May 31, 2013 Filing 3 TRANSMITTED PRETRIAL ORDER # 50 (Revised Short Form Complaint and Amended Short Form Complaint re: Removal of Coloplast and Endo entities) entered on 05/29/2013 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B) (jap) [Transferred from West Virginia Southern on 6/3/2020.]
May 30, 2013 Filing 2 ELECTRONIC SUMMONS ISSUED as to 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). (jws) [Transferred from West Virginia Southern on 6/3/2020.]
May 29, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2441037. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from West Virginia Southern on 6/3/2020.]

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Plaintiff: Carol A. Martziaris
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Defendant: Ethicon Inc.
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Defendant: Johnson & Johnson
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Defendant: Ethicon, LLC.
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