CARTNER et al v. ETHICON, INC. et al
| TIFFANY DIANE CARTNER and JOSHUA HAROLD CARTNER |
| BOSTON SCIENTIFIC CORPORATION, JOHNSON & JOHNSON, ETHICON, LLC and ETHICON, INC. |
| 1:2020cv00076 |
| January 23, 2020 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 53 NOTICE of Appearance by attorney CAROLINE D. WALKER on behalf of Defendants ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON (WALKER, CAROLINE) |
| Motions No Longer Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Engle, Anita) |
| Electronic Notice to Counsel of Record. On 2/26/2020 Attorney Shelley Coleman, Counsel for Defendants, reported the parties would like to complete mediation prior to the Court ruling on #29 Motion for Partial Summary Judgment. (Engle, Anita) |
TEXT ORDER issued by CHIEF JUDGE THOMAS D. SCHROEDER on 2/26/2020. It has been reported to the Court that the Parties wish to complete mediation prior to the Court ruling on #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. For this reason, all activity in this case is STAYED until April 28, 2020. Parties are ORDERED to file a status report no later than April 28, 2020 as to the status of the mediation.(Engle, Anita)
|
| *** Attorneys KARI L. SUTHERLAND; WILLIAM M. GAGE and CHRISTY D. JONES terminated. (See #48 ) (Engle, Anita) |
| Motion Referred to MAGISTRATE JUDGE L. PATRICK AULD RE: #51 MOTION to Withdraw as Attorney. (Engle, Anita) |
| TEXT ORDER granting #51 Motion to Allow Withdrawal of Appearance. Attorneys SUSAN M. ROBINSON and DAVID THOMAS are terminated as counsel of record for Defendants. Issued by MAG/JUDGE L. PATRICK AULD on 02/19/2020. (AULD, L.) |
| Attorneys SUSAN M. ROBINSON and DAVID THOMAS are terminated as counsel of record for Defendants. (AULD, L.) |
| Filing 52 MEMORANDUM to #51 MOTION to Withdraw as Attorney, filed by Defendants ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON. (Garland, Leah) |
| Filing 51 MOTION to Withdraw as Attorney filed by ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON, as to Attorneys DAVID THOMAS and SUSAN ROBINSON. Responses due by 3/10/2020. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
|
Filing 50
ORDER Appointing ROBERT A. BEASON as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
|
| Filing 49 NOTICE by ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON re Case Referred to Mediation Consent Selection of Mediator (COLEMAN, SHELLEY) |
| Filing 48 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON. SHELLEY W. COLEMAN is substituted as counsel for Defendants. (COLEMAN, SHELLEY) |
| Filing 47 NOTICE of Appearance by attorney SHELLEY W. COLEMAN on behalf of Defendants ETHICON, INC., ETHICON, LLC, JOHNSON & JOHNSON (COLEMAN, SHELLEY) |
| Motion Submitted to CHIEF JUDGE THOMAS D. SCHROEDER: #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment. (Engle, Anita) |
| Filing 46 ECF 30 Day Notice as to Defendants' Attorneys Christy D. Jones, David B. Thomas, Susan M. Robinson, Kari L. Sutherland, William M. Gage. ECF 30 Day Notice due by 2/24/2020. (Attachments: #1 Attorney David B. Thomas, #2 Attorney Susan M. Robinson, #3 Attorney Kari L. Sutherland, #4 Attorney William M. Gage) (Sheets, Jamie) |
| Filing 45 ECF 30 Day Notice as to Plaintiffs' Attorneys Paulina Do Amaral, Sarah R. London, Wendy R. Fleishman, Cecilia Han. ECF 30 Day Notice due by 2/24/2020. (Attachments: #1 Attorney Sarah R. London, #2 Attorney Wendy R. Fleishman, #3 Attorney Cecilia Han) (Sheets, Jamie) |
| Case Assigned to CHIEF JUDGE THOMAS D. SCHROEDER and MAG/JUDGE L. PATRICK AULD. (Previous Assignments to Unassigned Judge, Judge Peake as Referral, and SO30 Designation were assigned in error.) (Powell, Gloria) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
| Filing 44 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-31941. Original file certified copy of transfer order and docket sheet received. |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 2816 - MIS MTE Donald Ostergard.pdf, #2 Exhibit ECF 2950 - RIO MTE Donald Ostergard.pdf, #3 Exhibit ECF 3011 - Reply MTE Donald Ostergard.pdf, #4 Exhibit ECF 6825 - NOA Prior MTE Donald Ostergard.pdf, #5 Exhibit ECF 6957 - NOA Prior Response Donald Ostergard.pdf, #6 Exhibit ECF 7179 - NOA Reply Prior MTE Donald Ostergard.pdf, #7 Exhibit ECF 2209 - REPLY to MTE Mays.pdf, #8 Exhibit ECF 3031 - Reply to MTE Mays wave 3.pdf, #9 Exhibit ECF 3642 - MTE Mays.pdf, #10 Exhibit ECF 3642 - Part 1 - MTE Mays.pdf, #11 Exhibit ECF 3647 - MEMORANDUM in support to MTE Mays wave 4.pdf, #12 Exhibit ECF 3751 - RESPONSE by in opposition to MTE Mays wave 4.pdf, #13 Exhibit ECF 3847 - REPLY in Support of Motion to Exclude Testimony of Jimmy Mays.pdf, #14 Exhibit ECF 6649 - Notice of Adoption of Motion to Exclude Testimony of Dr. Jimmy W. Mays.pdf, #15 Exhibit ECF 6955 - NOTICE of Adoption of Prior Daubert Response of Jimmy W. Mays, Ph.D.pdf, #16 Exhibit ECF 7125 - Notice of Adoption of Prior Daubert REPLY Regarding Jimmy Mays.pdf, #17 Exhibit ECF 2820 - MTE Dionysios Veronikis.pdf, #18 Exhibit ECF 2821 - MIS MTE Dionysios Veronikis.pdf, #19 Exhibit ECF 2890 - RIO MTE Dionysios Veronikis.pdf, #20 Exhibit ECF 3033 - Reply MTE Dionysios Veronikis.pdf, #21 Exhibit ECF 6854 - NOA Prior MTE Dionysios Veronikis.pdf, #22 Exhibit ECF 6964 - NOA Prior Response Dionysios Veronikis.pdf, #23 Exhibit ECF 7156 - NOA Reply Prior MTE Dionysios Veronikis.pdf)(Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 1988 - Memo in Supp of MTE Testimony of Thomas Wright.pdf, #2 Exhibit ECF 2143 - Resp to PL Amended MTE the Opinions and testimony of Dr. Thomas C. Wright JR., M.D.pdf, #3 Exhibit ECF 3844 - Reply to NOA of Prior Daubert Response of Thomas C. Wright, Jr., M.D. for Wave 4 by All Plaintiffs.pdf, #4 Exhibit ECF 6864 - NOA of Prior Daubert Motion of Thomas C. Wright, Jr., M.D. for Wave 8 by All Plfs.pdf, #5 Exhibit ECF 6973 - NOA of Prior Daubert Response of Thomas C. Wright, Jr., M.D.pdf, #6 Exhibit ECF 7119 - NOA of Prior Daubert Reply of Thomas C. Wright, M.D. for Wave 8 by All Plaintiffs.pdf, #7 Exhibit ECF 2060 - MTE by all Plaintiffs the Opinions of FDA Expert Timothy Ulatowski.pdf, #8 Exhibit ECF 2065 - Memo in Supp of MTE Testimony of Timothy Ulatowski.pdf, #9 Exhibit ECF 2134 - Response in Opp to MTE Timothy Ulatowski.pdf, #10 Exhibit ECF 2232 - PL Reply Brief in Supp of Their Daubert MTE Timothy Ulatowski.pdf, #11 Exhibit ECF 2910 - Notice of Response and Adoption of prior response regarding Timothy Ulatowski.pdf, #12 Exhibit ECF 6860 - NOA of Prior Daubert Motion of Timothy Ulatowski, M.D.pdf, #13 Exhibit ECF 6965 - NOA of Prior Daubert Response Regarding Timothy Ulatowski.pdf, #14 Exhibit ECF 7143 - NOA of Prior Daubert Reply of Timothy Ulatowski, M.D.pdf, #15 Exhibit ECF 2039 - Plaintiffs' MTE the Opinions and Testimony of Shelby Thames.pdf, #16 Exhibit ECF 2042 - Memo in Supp of MTE Testimony of Shelby Thames.pdf, #17 Exhibit ECF 2187 - Resp in Opp to MTE Testimony of Dr. Shelby Thames, Ph.D.pdf, #18 Exhibit ECF 2247 - REPLY in Sup of PL MTE the Opinions of Dr. Shelby Thames.pdf, #19 Exhibit ECF 2455 - MTE by All Plaintiffs to Exclude Opinions and Testimony of Dr. Shelby Thames.pdf, #20 Exhibit ECF 2455 - Part 1 - MTE by All Plaintiffs to Testimony of Dr. Shelby Thames.pdf, #21 Exhibit ECF 2458 - MEMORANDUM in support of MTE of Dr. Shelby Thames.pdf, #22 Exhibit ECF 2553 - A-Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames.pdf, #23 Exhibit ECF 2553 - Part 1 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames.pdf, #24 Exhibit ECF 2553 - Part 2 - Response in Opp to Plaintiffs MTE Opinions and Testimony of Shelby Thames.pdf, #25 Exhibit ECF 2621 - Reply in support of MTE the Opinions of Dr. Shelby Thames.pdf, #26 Exhibit ECF 2839 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames.pdf, #27 Exhibit ECF 2839 - Part 1 - MTE by All Plaintiffs the Opinions and Testimony of Dr. Shelby Thames.pdf, #28 Exhibit ECF 2841 - Memo in Supp of MTE Testimony of Dr. Shelby Thames.pdf, #29 Exhibit ECF 2957 - Resp in Opp to MTE testimony of Dr. Shelby Thames.pdf, #30 Exhibit ECF 3037 - REPLY by ALL Plaintiffs in Support of MTE the Opinions of Dr. Shelby Thames.pdf, #31 Exhibit ECF 6857 - NOA of Prior Daubert Motion of Shelby Thames.pdf, #32 Exhibit ECF 6972 - NOA of Prior Daubert Response of Shelby Thames for Wave 8.pdf, #33 Exhibit ECF 7113 - NOA of Prior Daubert Reply of Shelby Thames, M.D.pdf)(Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 41 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF 238 - First Amended Master Long Form Complaint and Jury Demand.pdf, #2 Exhibit ECF 239 - Master Answer Ethicon, Inc.pdf, #3 Exhibit ECF 240 - Master Answer Ethicon LLC.pdf, #4 Exhibit ECF 241 - Master Answer Johnson & Johnson.pdf, #5 Exhibit ECF 262 - Short Form Complaint.pdf, #6 Exhibit ECF 263 - Amended Short Form Complaint.pdf, #7 Exhibit ECF 3619 - A-Motion to Exclude Iakovlev & EXHIBITS A-J.pdf, #8 Exhibit ECF 3619 - Part 1 - EXHIBITS K-AA Motion to Exclude Iakovlev.pdf, #9 Exhibit ECF 3619 - Part 2 - EXHIBITS BB-FF Motion to Exclude Iakovlev.pdf, #10 Exhibit ECF 3621 - MOL in Support of MTE Iakovlev.pdf, #11 Exhibit ECF 3790 - A-Pl response to Iak daubert and Exhibit A.pdf, #12 Exhibit ECF 3790 - Part 1 - Pl response to Iak daubert and Exhs A-H.pdf, #13 Exhibit ECF 3790 - Part 2 - Pl response to Iak daubert and Exhibit I-T.pdf, #14 Exhibit ECF 3865 - Def Reply to MTE Iakovlev.pdf, #15 Exhibit ECF 6874 - A- Def MTE Iak and EXHIBITS A-D.pdf, #16 Exhibit ECF 6874 - Part 1 - Exhibit D Defs' MTE Iak Wave 8.pdf, #17 Exhibit ECF 6874 - Part 2 - EXHIBIT D-H Defs' MTE Iak Wave 8.pdf, #18 Exhibit ECF 6875 - Defs' MIS of Iakovlev Wave 8.pdf, #19 Exhibit ECF 7038 - Plf's Response to MTE Iakovlev Wave 8.pdf, #20 Exhibit ECF 7045 - Plf's Opposition to Defs' MTE Iakovlev Wave 8.pdf, #21 Exhibit ECF 7085 - Pl amended NOA response for wave 8.pdf, #22 Exhibit ECF 7183 - Def Reply to MTE Iak wave 8.pdf, #23 Exhibit ECF 6887 - Motion to Limit Testimony of Catherine Matthews, MD.pdf, #24 Exhibit ECF 6897 - Pl MIS to MTE of Catherine Matthews, M.D.pdf, #25 Exhibit ECF 7027 - MIO to MTE Testimony of Catherine Matthews.pdf, #26 Exhibit ECF 4877 - MTE Testimony of Defense Expert Lawrence Lind, M.D.pdf, #27 Exhibit ECF 4878 - MIS of MTE Testimony of Lawrence Lind.pdf, #28 Exhibit ECF 4945 - RESPONSE in Opp to MTE the Testimony of Expert Lawrence, M.D.pdf, #29 Exhibit ECF 6818 - NOA of Prior Daubert Motion of Lawrence Lind, M.D.pdf, #30 Exhibit ECF 6946 - NOA of Wave 6 Daubert Response Regarding Lawrence Lind.pdf)(Robinson, Susan) (Modified on 1/21/2020 to add party filers) (mk). [Transferred from West Virginia Southern on 1/23/2020.] |
|
Filing 40
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (st) [Transferred from West Virginia Southern on 1/23/2020.]
|
|
Filing 39
ORDER (Dismissing Cases With Prejudice) The Motion to Dismiss with Prejudice is GRANTED; the BSC defendant is DISMISSED WITH PREJUDICE from the actions listed on the attached Exhibit A; and, 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. Signed by Judge Joseph R. Goodwin on 10/22/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on Exhibit A) (st) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 38 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 37 RESPONSE TO ORDER TO SHOW CAUSE by Boston Scientific Corporation (Strongman, Jon) [Transferred from West Virginia Southern on 1/23/2020.] |
|
Filing 36
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 35 MOTION by Boston Scientific Corporation to Dismiss Boston Scientific Corporation With Prejudice due to civil action being compromised and settled. (Strongman, Jon) [Transferred from West Virginia Southern on 1/23/2020.] |
|
Filing 34
ORDER The court ORDERS that by 4/8/2019 plaintiffs' leadership and counsel for ALL defendants with cases identified on Exhibit A attached hereto are directed to go to the court's website at https://www.wvsd.uscourts.gov/MDL/ethicon/forms.html, complete and jointly submit one copy of the Transfer/Remand Information Spreadsheet in Excel format as found on the court's website to the court at WVSDml_MDL_Transfers@wvsd.uscourts.gov; the parties shall use the Transfer/Remand Information Spreadsheet on the court's website, as it is already partially completed; if the court's docket sheet for any case on Exhibit A indicates that the case has closed prior to or after the entry of this order, the parties are directed to so indicate on the Transfer/Remand Information Spreadsheet and need not complete the requested information on the Spreadsheet; the court cautions that many of these cases name other MDL defendants in addition to the Ethicon defendants; the court expects any necessary coordination from all defendants remaining in the cases on Exhibit A. Signed by Judge Joseph R. Goodwin on 3/26/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mwk) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 33 REPLY by Ethicon, Inc., Johnson & Johnson to #32 Response In Opposition. (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 32 RESPONSE by Joshua Harold Cartner, Tiffany Diane Cartner in opposition to #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
|
Filing 31
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) (lca) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 30 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 29 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 28 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson in opposition to #27 Notice of Video Deposition (Gage, William) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 27 NOTICE OF VIDEO DEPOSITION by Joshua Harold Cartner, Tiffany Diane Cartner of Peter Freeman on October 4, 2018 at 9:00 a.m. (Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 26 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Tiffany Diane Carter, Joshua Harold Carter. (Robinson, Susan) (Modified on 9/18/2018 to add party filers) (lca). [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 25 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 1/23/2020.] |
| Filing 24 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tiffany Diane Cartner on 9/11/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 23 CERTIFICATE OF SERVICE by Joshua Harold Cartner, Tiffany Diane Cartner for T. Cartner's FRCP 26(a)(2) Expert Disclosures. (Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 21 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 1/23/2020.] |
| Filing 20 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tiffany Diane Cartner on 7/13/18 at 1:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
|
Filing 22
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) (kp) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 19 CERTIFICATE OF SERVICE by Joshua Harold Cartner, Tiffany Diane Cartner for Rule 26(a)(2) Expert Disclosures. (Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tiffany Diane Cartner on 6/11/18 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 17 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 1/23/2020.] |
| Filing 16 NOTICE OF VIDEO DEPOSITION by Joshua Harold Cartner, Tiffany Diane Cartner of Dr. James Wheeler on April 18, 2018 at 10:00 a.m. (London, Sarah) [Transferred from West Virginia Southern on 1/23/2020.] |
|
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) (klc) (ADI) [Transferred from West Virginia Southern on 1/23/2020.]
|
| Filing 14 PLAINTIFF PROFILE FORM filed by Joshua Harold Cartner, Tiffany Diane Cartner. (Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 13 PLAINTIFF PROFILE FORM filed by Joshua Harold Cartner, Tiffany Diane Cartner. (Fleishman, Wendy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 11 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Sarah R. London on behalf of Tiffany Diane Cartner, Joshua Harold Cartner. (London, Sarah) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 10 WAIVER OF SERVICE EXECUTED. Waiver signed by Jon A. Strongman on 5/28/2014. Boston Scientific Corporation waiver mailed on 4/10/2014, answer due 6/9/2014. (Strongman, Jon) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Jon A. Strongman on behalf of Boston Scientific Corporation. (Strongman, Jon) [Transferred from West Virginia Southern on 1/23/2020.] |
| 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 1/23/2020.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 6 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 1/23/2020.] |
| Filing 5 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Cecilia Han on behalf of Joshua Harold Cartner, Tiffany Diane Cartner (Han, Cecilia) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Michael Bonasso on behalf of Boston Scientific Corporation. (Bonasso, Michael) [Transferred from West Virginia Southern on 1/23/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 87 (Motion to Establish Order of Discovery and Request for In-Person Hearing) entered on 12/13/2013 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 1/23/2020.] |
| 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 1/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-2837615. (Attachment: #1 Civil Cover Sheet) (jws) [Transferred from West Virginia Southern on 1/23/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
