Rusciano v. Ethicon, Inc. et al
Plaintiff: Susan Rusciano
Defendant: Ethicon Inc. and Johnson & Johnson
Case Number: 1:2020cv05048
Filed: July 1, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 pl
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Opinion or Order Filing 90 CONSENT ORDER OF DISMISSAL: ORDERED that all claims, cross-claims and third party claims between Plaintiff and Defendants be and are hereby dismissed without prejudice, the court lacking subject matter jurisdiction. The parties shall bear their own fees and costs. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/28/2020) (rro)
August 28, 2020 Filing 89 PROPOSED CONSENT ORDER. Document filed by Ethicon Inc., Johnson & Johnson..(Crawford, Kelly)
August 25, 2020 Filing 88 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/7/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
August 25, 2020 Filing 87 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/7/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/15/2020. Redacted Transcript Deadline set for 9/25/2020. Release of Transcript Restriction set for 11/23/2020..(McGuirk, Kelly)
August 21, 2020 Opinion or Order Filing 86 ORDER granting #85 Letter Motion for Extension of Time; granting #85 Letter Motion for Extension of Time to File. Application GRANTED. The Court ORDERS the parties to appear for a telephonic conference on August 28, 2020, at 11:30 a.m. The dial-in instructions are as follows: At 11:30 a.m. the parties will dial (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 11:30 a.m. The Court further ORDERS that the deadline for the parties' submission of a "roadmap" and other materials be ADJOURNED sine die, as it seems that resolution of the jurisdictional issues may preclude the need for this Court to decide the outstanding motions. (Signed by Judge Katherine Polk Failla on 8/21/2020) (rro)
August 21, 2020 Filing 85 LETTER MOTION for Extension of Time to submit roadmap document and seeking telephone conference with the Court addressed to Judge Katherine Polk Failla from Kelly S. Crawford jointly on behalf of all parties dated August 21, 2020., LETTER MOTION for Extension of Time to File addressed to Judge Katherine Polk Failla from Kelly S. Crawford jointly on behalf of all parties dated August 21, 2020. Document filed by Ethicon Inc., Johnson & Johnson..(Crawford, Kelly)
August 21, 2020 Set/Reset Hearings: Telephone Conference set for 8/28/2020 at 11:30 AM before Judge Katherine Polk Failla. (rro)
August 7, 2020 Minute Entry for proceedings held before Judge Katherine Polk Failla: Pretrial Conference held on 8/7/2020. Attorney Nathaniel McGraw Jones representing Plaintiff present. Attorney Kelly Strange Crawford representing Defendants present. The parties are to provide the Court with a motion binder and road map as soon as possible by no later than two weeks. Defendants shall order a copy of today's transcript. (See transcript). (Court Reporter Karen Gorlaski) (tn)
July 20, 2020 Opinion or Order Filing 84 MEMO ENDORSEMENT on re: #83 Notice (Other) filed by Johnson & Johnson, Ethicon Inc.. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate attorneys William M. Gage, Christy D. Jones, Kari L. Sutherland, David B. Thomas, and Susan M. Robinson from the docket. SO ORDERED. Attorney Susan M. Robinson; Kari L. Sutherland; David B. Thomas; William M. Gage and Christy D. Jones terminated. (Signed by Judge Katherine Polk Failla on 7/20/2020) (kv)
July 17, 2020 Filing 83 NOTICE of Withdrawal. Document filed by Ethicon Inc., Johnson & Johnson..(Crawford, Kelly)
July 17, 2020 Filing 82 NOTICE OF APPEARANCE by Maha Munayyer Kabbash on behalf of Ethicon Inc., Johnson & Johnson..(Kabbash, Maha)
July 17, 2020 Filing 81 NOTICE OF APPEARANCE by Kelly Strange Crawford on behalf of Ethicon Inc., Johnson & Johnson..(Crawford, Kelly)
July 15, 2020 Opinion or Order Filing 80 ORDER: This action was recently transferred to this Court from the District of West Virginia. (Dkt. #79). Based on the transferor court's Transfer Order (Dkt. #61), the Court understands that there is nothing left to do in this action except schedule trial. Accordingly, the Court ORDERS the parties to appear for a telephonic conference on August 7, 2020, at 11:30 a.m., at which time the Court and parties will discuss the setting of a trial date. The dial-in information is as follows: At 11:30 a.m. the parties will dial (888) 363-4749 and enter access code 5123533. Please note that the conference will not be available prior to 11:30 a.m. SO ORDERED. (Telephone Conference set for 8/7/2020 at 11:30 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/15/2020) (rro)
July 1, 2020 Filing 79 CASE TRANSFERRED IN from the United States District Court - District of West Virginia Southern; Case Number: 2:13-cv-13073. Original file certified copy of transfer order and docket entries received. (sjo)
July 1, 2020 Case Designated ECF. (sjo)
July 1, 2020 Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
July 1, 2020 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
July 1, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
June 30, 2020 Filing 78 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 6299 Daubert-Pence, #2 Exhibit MDL ECF 6494 Daubert-Pence, #3 Exhibit MDL ECF 6535 Daubert-Pence, #4 Exhibit MDL ECF 2726 Daubert-Parisian, #5 Exhibit MDL ECF 3551 Daubert-Parisian, #6 Exhibit MDL ECF 4199 Daubert-Parisian, #7 Exhibit MDL ECF 4199-1 Daubert-Parisian, #8 Exhibit MDL ECF 6314 Daubert-Parisian, #9 Exhibit MDL ECF 6386 Daubert-Parisian, #10 Exhibit MDL ECF 6495 Daubert-Parisian, #11 Exhibit MDL ECF 6273 Daubert-Wagner, #12 Exhibit MDL ECF 6372 Daubert-Wagner, #13 Exhibit MDL ECF 6493 Daubert-Wagner, #14 Exhibit MDL ECF 6306 Daubert-Collins, #15 Exhibit MDL ECF 6381 Daubert-Collins, #16 Exhibit MDL ECF 6423 Daubert-Collins, #17 Exhibit MDL ECF 2724 Daubert-MacLean, #18 Exhibit MDL ECF 3517 Daubert-MacLean, #19 Exhibit MDL ECF 4183 Daubert-MacLean, #20 Exhibit MDL ECF 6313 Daubert-MacLean, #21 Exhibit MDL ECF 6380 Daubert-MacLean, #22 Exhibit MDL ECF 6436 Daubert-MacLean, #23 Exhibit MDL ECF 2649 Daubert-Ulatowski, #24 Exhibit MDL ECF 3536 Daubert-Ulatowski, #25 Exhibit MDL ECF 4195 Daubert-Ulatowski, #26 Exhibit MDL ECF 5155 Daubert-Ulatowski, #27 Exhibit MDL ECF 6318 Daubert-Ulatowski, #28 Exhibit MDL ECF 6391 Daubert-Ulatowski, #29 Exhibit MDL ECF 6486 Daubert-Ulatowski, #30 Exhibit MDL ECF 4195-1 Daubert-Ulatowski)(Jones, Nathaniel) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 77 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 6497 Daubert-Blaivas, #2 Exhibit MDL ECF 6534 Daubert-Blaivas, #3 Exhibit MDL ECF 2646 Daubert-Mays, #4 Exhibit MDL ECF 3514 Daubert-Mays, #5 Exhibit MDL ECF 4185 Daubert-Mays, #6 Exhibit MDL ECF 4185-1 Daubert-Mays, #7 Exhibit MDL ECF 6271 Daubert-Mays, #8 Exhibit MDL ECF 6341 Daubert-Mays, #9 Exhibit MDL ECF 6459 Daubert-Mays, #10 Exhibit MDL ECF 6530 Daubert-Mays, #11 Exhibit MDL ECF 2681 Daubert-Margolis, #12 Exhibit MDL ECF 3513 Daubert-Margolis, #13 Exhibit MDL ECF 4181 Daubert-Margolis, #14 Exhibit MDL ECF 4181-1 Daubert-Margolis, #15 Exhibit MDL ECF 6389 Daubert-Margolis, #16 Exhibit MDL ECF 6407 Daubert-Margolis, #17 Exhibit MDL ECF 6480 Daubert-Margolis, #18 Exhibit MDL ECF 6520 Daubert-Margolis, #19 Exhibit MDL ECF 2664 Daubert-Pence, #20 Exhibit MDL ECF 3510 Daubert-Pence, #21 Exhibit MDL ECF 4180 Daubert-Pence)(Jones, Nathaniel) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 76 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF 2668 Daubert-Rosenzweig, #2 Exhibit MDL ECF 3532 Daubert-Rosenzweig, #3 Exhibit MDL ECF 4186 Daubert-Rosenzweig, #4 Exhibit MDL ECF 4186-1 Daubert-Rosenzweig, #5 Exhibit MDL ECF 5149 Daubert-Rosenzweig, #6 Exhibit MDL ECF 6393 Daubert-Rosenzweig, #7 Exhibit MDL ECF 6408 Daubert-Rosenzweig, #8 Exhibit MDL ECF 6519 Daubert-Rosenzweig, #9 Exhibit MDL ECF 6615 Daubert-Rosenzweig, #10 Exhibit MDL ECF 2657 Daubert-Priddy, #11 Exhibit MDL ECF 3507 Daubert-Priddy, #12 Exhibit MDL ECF 4182 Daubert-Priddy, #13 Exhibit MDL ECF 4182-1 Daubert-Priddy, #14 Exhibit MDL ECF 6263 Daubert-Priddy, #15 Exhibit MDL ECF 6468 Daubert-Priddy, #16 Exhibit MDL ECF 6432 Daubert-Priddy, #17 Exhibit MDL ECF 2667 Daubert-Blaivas, #18 Exhibit MDL ECF 3565 Daubert-Blaivas, #19 Exhibit MDL ECF 4197 Daubert-Blaivas, #20 Exhibit MDL ECF 5157 Daubert-Blaivas, #21 Exhibit MDL ECF 5159 Daubert-Parisian, #22 Exhibit MDL ECF 6269 Daubert-Blaivas, #23 Exhibit MDL ECF 6402 Daubert-Blaivas)(Jones, Nathaniel) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 75 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 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 (8755) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (8822) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 74 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 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 (8731) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Steven MacLean, #16 Exhibit MDL ECF (8832) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Steven MacLean)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 73 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (3605) Part 1 - Pls' Mot to Exclude Sarah Collins, #2 Exhibit MDL ECF (3605) Part 2 - Pls' Mot to Exclude Sarah Collins, #3 Exhibit MDL ECF (3607) - Pls' Mem in Support of Mot to Exclude Sarah Collins, #4 Exhibit MDL ECF (3737) - Defs' Resp to Pls' Mot to Exclude Sarah Collins, #5 Exhibit MDL ECF (3846) - Pls' Reply in Support of Mot to Exclude Sarah Collins, #6 Exhibit MDL ECF (8708) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Sarah Collins, #7 Exhibit MDL ECF (8875) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Sarah Collins)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 72 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 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 (8732) - Notice of Adoption of Pls' Mot to Exclude Catherine Matthews, #5 Exhibit MDL ECF (8871) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Catherine Matthews)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 71 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (4877) Part 1- Pls' Mot to Exclude Lawrence Lind, #2 Exhibit MDL ECF (4877) Part 2 - Pls' Mot to Exclude Lawrence Lind, #3 Exhibit MDL ECF (4877) Part 3 - Pls' Mot to Exclude Lawrence Lind, #4 Exhibit MDL ECF (4878) - Pls' Mem in Support of Mot to Exclude Lawrence Lind, #5 Exhibit MDL ECF (4945) - Defs' Resp to Pls' Mot to Exclude Lawrence Lind, #6 Exhibit MDL ECF (8559) - Pls' Mot to Exclude Lawrence Lind, #7 Exhibit MDL ECF (8560) - Pls' Mem in Support of Mot to Exclude Lawrence Lind, #8 Exhibit MDL ECF (8654) - Defs' Resp to Pls' Mot to Exclude Lawrence Lind, #9 Exhibit MDL ECF (8728) - Notice of Adoption of Pls' Mot to Exclude Lawrence Lind, #10 Exhibit MDL ECF (8881) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Lawrence Lind)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 70 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (3617) - Pls' Mot to Exclude John Wagner, #2 Exhibit MDL ECF (3618) - Pls' Mem in Support of Mot to Exclude John Wagner, #3 Exhibit MDL ECF (3731) - Defs' Resp to Pls' Mot to Exclude John Wagner, #4 Exhibit MDL ECF (3851) - Pls' Reply in Support of Mot to Exclude John Wagner, #5 Exhibit MDL ECF (4876) - Pls' Mot to Exclude John Wagner, #6 Exhibit MDL ECF (4879) - Pls' Mem in Support of Mot to Exclude John Wagner, #7 Exhibit MDL ECF (4920) - Defs' Resp to Pls' Mot to Exclude John Wagner, #8 Exhibit MDL ECF (5044) - Pls' Reply to Mot to Exclude John Wagner, #9 Exhibit MDL ECF (8756) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude John Wagner, #10 Exhibit MDL ECF (8877) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude John Wagner)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 69 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (2079) - Defs' Mot to Exclude Suzanne Parisian, #2 Exhibit MDL ECF (2080) - Defs' Mem in Support of Mot to Exclude Suzanne Parisian, #3 Exhibit MDL ECF (2148) - Pls' Resp to Defs' Mot to Exclude Suzanne Parisian, #4 Exhibit MDL ECF (2229) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #5 Exhibit MDL ECF (3019) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #6 Exhibit MDL ECF (3592) - Defs' Mot to Exclude Suzanne Parisian, #7 Exhibit MDL ECF (3594) - Defs Mem in Support of Mot to Exclude Suzanne Parisian, #8 Exhibit MDL ECF (3788) - Pls' Resp to Defs' Mot to Exclude Suzanne Parisian, #9 Exhibit MDL ECF (3845) - Defs' Reply in Support of Mot to Exclude Suzanne Parisian, #10 Exhibit MDL ECF (8788) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Suzanne Parisian, #11 Exhibit MDL ECF (8854) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Suzanne Parisian)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 68 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8807) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8855) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 67 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8785) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Michael Margolis, #9 Exhibit MDL ECF (8845) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 66 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (2071) Part 1 - Defs' Mot to Exclude Jimmy Mays, #2 Exhibit MDL ECF (2071) Part 2 - Defs' Mot to Exclude Jimmy Mays, #3 Exhibit MDL ECF (2071) Part 3 - Defs' Mot to Exclude Jimmy Mays, #4 Exhibit MDL ECF (2074) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #5 Exhibit MDL ECF (2144) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #6 Exhibit MDL ECF (2209) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #7 Exhibit MDL ECF (3031) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #8 Exhibit MDL ECF (3642) Part 1 - Defs' Mot to Exclude Jimmy Mays, #9 Exhibit MDL ECF (3642) Part 2 - Defs' Mot to Exclude Jimmy Mays, #10 Exhibit MDL ECF (3647) - Defs' Mem in Support of Mot to Exclude Jimmy Mays, #11 Exhibit MDL ECF (3751) - Pls' Resp to Defs' Mot to Exclude Jimmy Mays, #12 Exhibit MDL ECF (3847) - Defs' Reply in Support of Mot to Exclude Jimmy Mays, #13 Exhibit MDL ECF (8781) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Jimmy Mays, #14 Exhibit MDL ECF (8846) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jimmy Mays)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 65 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (2038) Part 1 - Defs' Mot to Exclude Jerry Blaivas, #2 Exhibit MDL ECF (2038) Part 2 - Defs' Mot to Exclude Jerry Blaivas, #3 Exhibit MDL ECF (2038) Part 3 - Defs' Mot to Exclude Jerry Blaivas, #4 Exhibit MDL ECF (2038) Part 4 - Defs' Mot to Exclude Jerry Blaivas, #5 Exhibit MDL ECF (2038) Part 5 - Defs' Mot to Exclude Jerry Blaivas, #6 Exhibit MDL ECF (2040) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #7 Exhibit MDL ECF (2176) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #8 Exhibit MDL ECF (2213) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #9 Exhibit MDL ECF (3588) - Defs' Mot to Exclude Jerry Blaivas, #10 Exhibit MDL ECF (3589) - Defs' Mem in Support of Mot to Exclude Jerry Blaivas, #11 Exhibit MDL ECF (3758) - Pls' Resp to Defs' Mot to Exclude Jerry Blaivas, #12 Exhibit MDL ECF (3840) - Defs' Reply in Support of Mot to Exclude Jerry Blaivas, #13 Exhibit MDL ECF (8780) - Notice of Adoption of Defs' Mot to Exclude Jerry Blaivas, #14 Exhibit MDL ECF (8833) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Jerry Blaivas)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 64 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 CONTINUED, MDL ECF (1987) Part 1 - Defs' Mot to Exclude Duane Priddy, #2 Exhibit MDL ECF (1987) Part 2 - Defs' Mot to Exclude Duane, #3 Exhibit MDL ECF (1987) Part 3 - Defs' Mot to Exclude Duane Priddy, #4 Exhibit MDL ECF (1989) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #5 Exhibit MDL ECF (2168) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #6 Exhibit MDL ECF (2207) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #7 Exhibit MDL ECF (3652) Part 1 - Defs' Mot to Exclude Duane Priddy, #8 Exhibit MDL ECF (3652) Part 2 - Defs' Mot to Exclude Duane Priddy, #9 Exhibit MDL ECF (3652) Part 3 - Defs' Mot to Exclude Duane Priddy, #10 Exhibit MDL ECF (3652) Part 4 - Defs' Mot to Exclude Duane Priddy, #11 Exhibit MDL ECF (3652) Part 5 - Defs' Mot to Exclude Duane Priddy, #12 Exhibit MDL ECF (3656) - Defs' Mem in Support of Mot to Exclude Duane Priddy, #13 Exhibit MDL ECF (3753) - Pls' Resp to Defs' Mot to Exclude Duane Priddy, #14 Exhibit MDL ECF (3854) - Defs' Reply in Support of Mot to Exclude Duane Priddy, #15 Exhibit MDL ECF (8782) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Duane Priddy, #16 Exhibit MDL ECF (8856) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Duane Priddy)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 63 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #62 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 (8776) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig, #17 Exhibit MDL ECF (8858) - Notice of Adoption of Pls' Resp Defs' Mot to Exclude Bruce Rosenzweig)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 30, 2020 Filing 62 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit MDL ECF (238) - First Amended Master Long Form Complaint, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #4 Exhibit MDL ECF (262) - Short Form Complaint, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 17, 2020 Opinion or Order Filing 61 TRANSFER ORDER FOR CASES ON EXHIBIT A directing that the Order and Suggestion of Remand in MDL 2327 at ECF No. 9144 is VACATED; on 07/01/2020 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 6/30/2020 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 6/17/2020. (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 7/1/2020.]
June 17, 2020 Opinion or Order Filing 60 VACATED PURSUANT TO THE #61 TRANSFER ORDER ENTERED ON 6/17/2020: ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation, the court suggests that the cases on Exhibit A be remanded to the courts from which they came, as identified on the attached Exhibit A; on or before 6/24/2020 the parties are directed to confer and to file in this case, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the court directs that upon receipt and filing of an order to remand from the Clerk of the JPMDL, the Clerk shall remand the case to the United States District Courts identified on Exhibit A; on the Transfer Date, the Clerk is directed to use the appropriate function in CM/ECF to extract the cases on Exhibit A and remand them to the United States District Courts identified on Exhibit A; after remand of the cases, the Clerk is directed to formally close the cases and strike them from the docket. Signed by Judge Joseph R. Goodwin on 6/17/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; cases on Exhibit A) (maw) (Modified on 6/18/2020 to note order has been vacated) (kew). [Transferred from West Virginia Southern on 7/1/2020.]
November 18, 2019 Filing 59 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #55 MOTION by Susan Rusciano to Exclude General Causation Opinions of Defense Expert John Wagner, MD. (Attachments: #1 Exhibit A-C)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
November 15, 2019 Filing 58 MEMORANDUM by Susan Rusciano in opposition to #53 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
November 11, 2019 Filing 57 MEMORANDUM by Susan Rusciano in opposition to #51 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit Depo Tran of Dr. Nitti, #2 Exhibit Dr. Rosenzweig TVT Report, #3 Exhibit Dr. Rosenzweig Case Specific Report)(Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
November 4, 2019 Filing 56 MEMORANDUM by Susan Rusciano in support of #55 MOTION by Susan Rusciano to Exclude General Causation Opinions of Defense Expert John Wagner, M.D. (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
November 4, 2019 Filing 55 MOTION by Susan Rusciano to Exclude General Causation Opinions of Defense Expert John Wagner, M.D. (Attachment: #1 Exhibit A)(Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
November 3, 2019 Filing 54 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #53 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
November 3, 2019 Filing 53 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Bruce Rosenzweig, M.D. (Attachments: #1 Exhibits A - E)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
November 1, 2019 Filing 52 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #51 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
November 1, 2019 Filing 51 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - B)(Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
October 18, 2019 Filing 50 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #48 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of John R. Wagner, MD on October 27, 2019 at 1:00 PM (Gage, William) [Transferred from West Virginia Southern on 7/1/2020.]
October 14, 2019 Filing 49 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 7/1/2020.]
October 11, 2019 Filing 48 AMENDED NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of John R. Wagner, MD on October 27, 2019 at 1:00 PM (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
October 11, 2019 Filing 47 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of John R. Wagner, MD on October 27, 2019 at 1:00 PM (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
October 2, 2019 Filing 46 RESPONSES AND OBJECTIONS by Susan Rusciano to #38 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Susan Rusciano on 10/04/19 at 9:00 a.m. EDT (Jones, Nathaniel) [Transferred from West Virginia Southern on 7/1/2020.]
September 24, 2019 Filing 45 RESPONSES AND OBJECTIONS to #40 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce Rosenzweig on 9/25/19 at 8:00 a.m. CT (Attachment: #1 Exhibit A)(Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
September 24, 2019 Opinion or Order Filing 44 ORDER The Motion for Leave to File Daubert and Dispositive Motions for Wave 12 is DENIED, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 9/24/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; each individual action on Exhibit A) (kew) [Transferred from West Virginia Southern on 7/1/2020.]
September 23, 2019 Filing 43 MOTION by Ethicon, Inc., Johnson & Johnson for Leave to File Daubert and Dispositive Motions for Wave 12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gage, William) [Transferred from West Virginia Southern on 7/1/2020.]
September 20, 2019 Filing 42 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from West Virginia Southern on 7/1/2020.]
September 20, 2019 Filing 41 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of General Butler on September 26, 2019 at 10:00 AM (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
September 16, 2019 Filing 40 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce Rosenzweig on 9/25/19 at 8:00 a.m. CT (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
September 16, 2019 Filing 39 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Bruce Rosenzweig on 9/25/19 at 8:00 a.m. CT (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
September 10, 2019 Filing 38 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Susan Rusciano on 10/04/19 at 9:00 a.m. EDT (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
August 23, 2019 Opinion or Order Filing 37 ORDER granting #36 JOINT MOTION to Dismiss Ethicon LLC only; claims against Defendants Ethicon, Inc., and Johnson & Johnson will continue to be prosecuted. Signed by Judge Joseph R. Goodwin on 8/23/2019. (cc: attys; any unrepresented party) (ts) [Transferred from West Virginia Southern on 7/1/2020.]
August 21, 2019 Filing 36 JOINT MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Susan Rusciano of Dismissal of Ethicon LLC. (Robinson, Susan) (Modified on 8/22/2019 to add party filer) (mk). [Transferred from West Virginia Southern on 7/1/2020.]
August 19, 2019 Filing 35 CERTIFICATE OF SERVICE by Susan Rusciano for Plaintiffs' Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
July 22, 2019 Filing 34 CERTIFICATE OF SERVICE by Susan Rusciano for Plaintiff's Answers to First Interrogatories, Responses to First Requests for Production, and Responses to First Requests for Admission. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
July 16, 2019 Filing 33 AMENDED NOTICE OF VIDEOTAPED DEPOSITION by Susan Rusciano of Victor W. Nitti, M.D. on August 7, 2019 at 9:00 am (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
July 12, 2019 Filing 32 AMENDED NOTICE OF VIDEO DEPOSITION by Susan Rusciano of Khashayar Shakiba, M.D. on August 5, 2019 at 5:00 pm (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
July 12, 2019 Filing 31 AMENDED NOTICE OF VIDEO DEPOSITION by Susan Rusciano of Victor W. Nitti, Ph.D. on August 7, 2019 at 9:00 am (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
July 12, 2019 Filing 30 CERTIFICATE OF SERVICE by Johnson & Johnson for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
July 12, 2019 Filing 29 CERTIFICATE OF SERVICE by Ethicon, LLC for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
July 12, 2019 Filing 28 CERTIFICATE OF SERVICE by Ethicon, Inc. for Objections and Responses to Plaintiff's Interrogatories, Requests for Production, and Requests for Admissions. (Robinson, Susan) [Transferred from West Virginia Southern on 7/1/2020.]
June 17, 2019 Filing 27 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 7/1/2020.]
June 14, 2019 Filing 26 NOTICE OF ATTORNEY APPEARANCE by Nathaniel McGraw Jones on behalf of Susan Rusciano. (Jones, Nathaniel) [Transferred from West Virginia Southern on 7/1/2020.]
June 14, 2019 Filing 25 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of Dr. Khashayar Shakiba on Jyly 20, 2019 at 1:00 PM ET (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
June 14, 2019 Filing 24 NOTICE TO TAKE VIDEOTAPED DEPOSITION by Susan Rusciano of Dr. Victor W. Nitti on July 19, 2019 at 1:00 PM PT (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
June 13, 2019 Filing 23 CERTIFICATE OF SERVICE by Susan Rusciano for Plaintiff's Opening Discovery. (Cartmell, Thomas) [Transferred from West Virginia Southern on 7/1/2020.]
May 14, 2019 NOTICE OF DOCKET CORRECTION re: #22 Plaintiff Fact Sheet filed by Susan Rusciano. ERROR: Image did not contain signature. CORRECTION: Image replaced. (mk) [Transferred from West Virginia Southern on 7/1/2020.]
May 10, 2019 Filing 22 PLAINTIFF FACT SHEET filed by Susan Rusciano. (Kuntz, Jeffrey) (Modified on 5/14/2019 to replace unsigned image)(mk). [Transferred from West Virginia Southern on 7/1/2020.]
May 1, 2019 Opinion or Order Filing 21 PRETRIAL ORDER # 337 (Docket Control Order - Ethicon, Inc. Wave 12 Cases) The court ORDERS that the cases on Exhibit A are: (1) removed from the pending inactive docket; and (2) placed on the active docket. The court further ORDERS that: (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 Exhibit A, the deadlines below also apply to them; (3) The Clerk will file this Docket Control Order in the main MDL and every case listed on Exhibit A become subject to the deadlines in this Docket Control Order; and (4) The following deadlines immediately apply in all Wave 12 cases with one important exception, as more fully set forth herein. Scheduling Deadlines. The following deadlines shall apply in all Ethicon Wave 12 cases: Plaintiff Fact Sheets due by 05/11/2019. Defendant Fact Sheets due by 05/20/2019. Deadline for written discovery requests due by 06/20/2019. Expert disclosures served by plaintiffs due by 08/19/2019. Expert disclosure served by defendants due by 09/18/2019. Expert disclosure served for rebuttal due by 09/25/2019. Deposition deadline and close of discovery due by 10/25/2019. Filing of dispositive motions due by 11/01/2019. Response to dispositive motions due by 11/15/2019. Reply to response to dispositive motions due by 11/22/2019. Filing of Daubert motions due by 11/04/2019. Responses to Daubert motions due by 11/18/2019. Reply to response to Daubert motions due by 11/25/2019. Confidential Documents. Issues related to sealing of confidential documents that the parties are unable to resolve, must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 9/20/2019, and any response is due by 10/3/2019. Any reply is due by 10/10/2019. Venue Recommendations. The parties shall meet and confer concerning the appropriate venue for each of the cases no later than 10/08/2019, the parties are ORDERED to file joint venue recommendations by 10/18/2019. The parties' joint recommendation(s) shall identify cases where venue is in dispute. Signed by Judge Joseph R. Goodwin on 5/1/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 12 cases identified on Exhibit A) (ts) (ADI) [Transferred from West Virginia Southern on 7/1/2020.]
March 27, 2019 Opinion or Order Filing 20 ORDER (Dismissing Defendant without Prejudice) directing that (1) the Joint Motion to Dismiss without Prejudice filed in MDL 2327 is GRANTED; and (2) the AMS defendant is DISMISSED WITHOUT PREJUDICE from the action(s) listed on the attached Exhibit(s) A-E; (3) if there are no remaining defendants in a civil action, then (a) that civil action is dismissed and stricken from the docket and (b) any pending motions are DENIED as moot. The Clerk is DIRECTED to: (1) dismiss the AMS defendant from the individual civil action(s) without prejudice; (2) if no other defendants remain in an individual action, then (a) strike the action from the docket, and (b) close the case. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-E) (brn) [Transferred from West Virginia Southern on 7/1/2020.]
January 30, 2019 Opinion or Order Filing 19 INACTIVE DOCKET ORDER Having been advised by counsel that in the cases listed on the attached Exhibits A-D, the plaintiffs and all named defendants, as listed in the captions of those cases on the docket sheet, have reached a settlement. The Court finds it unnecessary to conduct further proceedings or to keep these cases on the active docket and ORDERS as follows: 1) all discovery deadlines are continued until further order of the Court, 2) that the Clerk place the case(s) listed on the attached Exhibit(s) on the pending inactive docket, 3) Plaintiff(s) and defendant may submit a Joint Motion to Dismiss with prejudice on or before 4/29/2019; if settlements are not finalized and dismissal orders are not submitted by then, any case remaining on an inactive docket will be moved to the active docket and placed on a shortened Docket Control Order. It is not necessary for the parties to submit one dismissal that includes all defendants. If a plaintiff(s) and a defendant have completed the settlement process and finalized everything necessary to dismiss the defendant, then the plaintiff(s) and that particular defendant may submit a Joint Motion to Dismiss for that particular defendant. The Court will reinstate any case on the attached Exhibits A-D to the active docket if one of the parties, on motion, shows good cause for such reinstatement. Such motion shall be made within 5 days of rejection of the settlement. The court notes that in some cases counsel have represented that they are authorized by the plaintiffs on the attached exhibits to act on the plaintiffs' behalf with respect to settlement matters. Once settlements are finalized, dismissal orders must be signed by counsel of record. The Clerk is DIRECTED to place Inactive flags only for defendants who have not already been dismissed and link this Order to the Proposed Inactive Docket Order filed at ECF No. 7166. Signed by Judge Joseph R. Goodwin on 1/30/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibits A-D) (kp) [Transferred from West Virginia Southern on 7/1/2020.]
October 19, 2018 Opinion or Order Filing 18 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 7/1/2020.]
August 20, 2018 Filing 17 STIPULATION OF SETTLEMENT BETWEEN CERTAIN PARTIES by American Medical Systems, Inc., Susan Rusciano. (Binis, Barbara) (Modified on 9/18/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 7/1/2020.]
June 13, 2018 Opinion or Order Filing 16 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 7/1/2020.]
January 31, 2018 Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Victor Nitti on 4/9/2018 at 9:00 a.m. (Sutherland, Kari) [Transferred from West Virginia Southern on 7/1/2020.]
January 30, 2018 Opinion or Order Filing 15 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) (lca) (ADI) [Transferred from West Virginia Southern on 7/1/2020.]
June 13, 2017 Filing 13 PLAINTIFF PROFILE FORM filed by Susan Rusciano. (Douglas, Daryl) [Transferred from West Virginia Southern on 7/1/2020.]
June 8, 2017 Filing 12 PLAINTIFF PROFILE FORM filed by Susan Rusciano. (Schnieders, Christopher) [Transferred from West Virginia Southern on 7/1/2020.]
June 7, 2017 Filing 11 PLAINTIFF PROFILE FORM filed by Susan Rusciano. (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
December 12, 2016 Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 7/1/2020.]
February 9, 2016 Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 7/1/2020.]
January 21, 2015 Filing 8 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 7/1/2020.]
November 18, 2013 Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael J. Farrell on behalf of American Medical Systems, Inc.. (Farrell, Michael) [Transferred from West Virginia Southern on 7/1/2020.]
November 18, 2013 Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Erik W. Legg on behalf of American Medical Systems, Inc.. (Legg, Erik) [Transferred from West Virginia Southern on 7/1/2020.]
September 12, 2013 Filing 5 WAIVER OF SERVICE EXECUTED. Waiver signed by Tracy G. Weiss on 9/5/13. American Medical Systems, Inc. waiver mailed on 8/28/2013, answer due 10/28/2013. (Weiss, Tracy) [Transferred from West Virginia Southern on 7/1/2020.]
August 28, 2013 Filing 4 AMENDED SHORT FORM COMPLAINT filed by Susan Rusciano against Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, American Medical Systems, Inc. ("AMS"). (Kuntz, Jeffrey) [Transferred from West Virginia Southern on 7/1/2020.]
June 17, 2013 Filing 3 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 7/1/2020.]
June 3, 2013 Filing 2 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 7/1/2020.]
June 3, 2013 Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2449621. (Attachment: #1 Civil Cover Sheet) (tmh) [Transferred from West Virginia Southern on 7/1/2020.]

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Search for this case: Rusciano v. Ethicon, Inc. et al
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Plaintiff: Susan Rusciano
Represented By: Thomas P. Cartmell
Represented By: Jeffrey M. Kuntz
Represented By: Nathaniel McGraw Jones
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Defendant: Ethicon Inc.
Represented By: Kari L. Sutherland
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
Represented By: Maha Munayyer Kabbash
Represented By: Kelly Strange Crawford
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Defendant: Johnson & Johnson
Represented By: Kari L. Sutherland
Represented By: William M. Gage
Represented By: David B. Thomas
Represented By: Susan M. Robinson
Represented By: Christy D. Jones
Represented By: Maha Munayyer Kabbash
Represented By: Kelly Strange Crawford
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