MITCHELL v. ETHICON, INC. et al
| DORIS MITCHELL |
| ETHICON, INC. and JOHNSON & JOHNSON |
| 1:2020cv00389 |
| April 30, 2020 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 48
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/25/2020; that the request to re-open discovery is DENIED, except that the Court will allow limited Supplemental Discovery as to Plaintiff's new medical records since the close of discovery, and other corrective information within the scope of Federal Rule of Civil Procedure 26(e)(1)(A), to be provided by Plaintiff by July 8, 2020, and by Defendants by August 10, 2020; and Defendants may notice and conduct the previously-reserved depositions of the following friends and family members of Plaintiff: Jerry Lon Carver, Jr., William Wayne Carver, William Randolph Mitchell, and Linda Mitchell, by October 30, 2020. FURTHER ORDERED that the request to re-brief or re-file dispositive motions is DENIED. FURTHER ORDERED that by July 9, 2020, the Parties will file the Joint Stipulation of Dismissal as to Certain Claims, and upon the filing of the Joint Stipulation, the pending Motion for Partial Summary Judgment [Doc. #15 ] will be terminated as moot, and Plaintiff's claims for negligence (Count I) and punitive damages (Count XVII) will remain for trial. FURTHER ORDERED that within 30 days of the date of this Order, the Parties must re-file any prior unresolved Daubert Motions that they are still pursuing and that remain for resolution this case, setting out the prior briefing for consideration in this Court as noted above. Responses must be filed 21 days later and replies filed 14 days thereafter. FINALLY, ORDERED that this case is referred to mediation, which must be conducted within 90 days of the date of this Order, and may be conducted by video or telephone. If the Parties fail to notify the Court of an agreed-upon mediator within 14 days of the date of this Order, the Clerk will select a mediator from the Court's panel of mediators. (Hicks, Samantha)
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| Set/Reset Scheduling Order Deadlines: Mediation due by 9/23/2020. (Hicks, Samantha) |
| Set/Reset Deadlines/Hearings: Selection of Mediator due by 7/9/2020. Stipulation of Dismissal due by 7/9/2020. (Hicks, Samantha) |
| Filing 47 JOINT STATUS REPORT filed by all parties.. (Attachments: #1 Exhibit A - Order No. 4178, #2 Exhibit B - Memo & Opinion No. 2683, #3 Exhibit C - Order No. 6398, #4 Exhibit D - Memo Opinion No. 2642, #5 Exhibit E - Order No. 6388, #6 Exhibit F - Memo Opinion No. 2710, #7 Exhibit G - Order No. 4180, #8 Exhibit H - Memo Opinion No. 2664, #9 Exhibit I - Order No. 6422, #10 Exhibit J - Order No. 4188, #11 Exhibit K - Memo Opinion 2662, #12 Exhibit L - Order No. 6486, #13 Exhibit M - Memo Opinion No. 2649, #14 Exhibit N - Order No. 6516, #15 Exhibit O - Memo Opinion No. 2661, #16 Exhibit P - Order No. 6518, #17 Exhibit Q - Order No. 4201, #18 Exhibit R - Order No. 5154, #19 Exhibit S - Memo Opinion No. 2723, #20 Exhibit T - Deposition of Doris Mitchell, #21 Exhibit U - Order dtd 5-11-2020, #22 Exhibit V - Order dtd 4-17-2020, #23 Exhibit W - Order dtd 3-3-2020, #24 Exhibit X - Order dtd 4-10-2020, #25 Exhibit Y - Order dtd 4-13-2020)(COLEMAN, SHELLEY) |
| CASE REFERRED RE: #47 Joint Status Report, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 46 NOTICE of Appearance by attorney MATTHEW P. CERADINI on behalf of Plaintiff DORIS MITCHELL (CERADINI, MATTHEW) |
| Filing 45 NOTICE of Appearance by attorney LEE B. BALEFSKY on behalf of Plaintiff DORIS MITCHELL (BALEFSKY, LEE) |
| Filing 44 NOTICE of Appearance by attorney CHRISTOPHER A. GOMEZ on behalf of Plaintiff DORIS MITCHELL (GOMEZ, CHRISTOPHER) |
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Filing 43
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/28/2020; that the Motion to Withdraw [Doc. #41 ] is GRANTED and the appearance of Michelle L. Tiger is withdrawn, and Plaintiff's counsel have until June 4, 2020 to become admitted to practice in the Middle District of North Carolina or to appear by special appearance in association with local counsel under Local Rule 83.1. (Hicks, Samantha)
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TEXT ORDER issued by JUDGE LORETTA C. BIGGS on 5/18/2020. IT IS HEREBY ORDERED that the parties are directed to file a joint status report by Monday, June 8, 2020 to include the status of all outstanding motions and other matters requiring the Courts immediate attention.(Blay, Debbie)
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Filing 42
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/15/2020; that the Motion to Withdraw [Doc. #39 ] is GRANTED and the appearance of Phillip Combs, David Thomas and Susan Robinson of the law firm of Thomas, Combs & Spann, PLLC as counsel for Defendants Ethicon, Inc, and Johnson & Johnson shall be withdrawn. (Hicks, Samantha)
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| Motions Referred: RE: #39 MOTION to Withdraw as Attorney DAVID B. THOMAS, SUSAN M. ROBINSON, PHILIP J. COMBS, #41 MOTION to Withdraw as Attorney LEE B. BALEFSKY of Michelle Tiger, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 41 MOTION to Withdraw as Attorney LEE B. BALEFSKY of Michelle Tiger by on behalf of DORIS MITCHELL. Responses due by 6/2/2020 (Attachments: #1 Text of Proposed Order)(BALEFSKY, LEE) |
| Filing 40 MEMORANDUM re #39 MOTION to Withdraw as Attorney by DAVID B. THOMAS, SUSAN M. ROBINSON, PHILIP J. COMBS. (Hicks, Samantha) |
| Filing 39 MOTION to Withdraw as Attorney by DAVID B. THOMAS, SUSAN M. ROBINSON, PHILIP J. COMBS. Responses due by 6/1/2020. (Attachments: #1 Text of Proposed Order) (Hicks, Samantha) |
| Filing 38 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants ETHICON, INC., JOHNSON & JOHNSON. SHELLEY W. COLEMAN is substituted as counsel for Defendants. Attorney WILLIAM M. GAGE and KARI L. SUTHERLAND terminated. (COLEMAN, SHELLEY) |
| Filing 37 NOTICE of Appearance by attorney SHELLEY W. COLEMAN on behalf of Defendants ETHICON, INC., JOHNSON & JOHNSON (COLEMAN, SHELLEY) |
| Case Reassigned to MAG/JUDGE JOI ELIZABETH PEAKE. MAG/JUDGE L. PATRICK AULD assigned in error and no longer assigned to the case. (Marsh, Keah) |
| Filing 36 ECF 30 Day Notice as to Attorney MICHELLE L. TIGER. ECF 30 Day Notice due by 6/1/2020. (Attachments: #1 30 DAY NOTICE - DAVID B. THOMAS, #2 30 DAY NOTICE - PHILIP J. COMBS, #3 30 DAY NOTICE - SUSAN M. ROBINSON, #4 30 DAY NOTICE - KARI L. SUTHERLAND, #5 30 DAY NOTICE - WILLIAM M. GAGE) (Hicks, Samantha) |
| 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) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
| Filing 35 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-02466. Original file certified copy of transfer order and docket sheet received. |
| Filing 34 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp of Mot to Exclude Shelby Thames, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #10 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames, #17 Exhibit MDL ECF (6857) - Notice of Adoption of Pls' Mot to Exclude Shelby Thames, #18 Exhibit MDL ECF (6972) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames, #19 Exhibit MDL ECF (7113) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Shelby Thames)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 33 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 CONTINUED, MDL ECF (1986) - Pls' Amended Mot to Exclude Thomas Wright, #2 Exhibit MDL ECF (1988) - Pls' Amended Mem in Support of Mot to Exclude Thomas Wright, #3 Exhibit MDL ECF (2143) - Defs Resp to Pls' Amended Mot to Exclude Thomas Wright, #4 Exhibit MDL ECF (2143) - Defs Resp to Pls' Amended Mot to Exclude Thomas Wright, #5 Exhibit MDL ECF (6864) - Notice of Adoption of Pls' Mot to Exclude Thomas Wright, #6 Exhibit MDL ECF (6973) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Thomas Wright, #7 Exhibit MDL ECF (7119) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Thomas Wright)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 32 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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 (6860) - Notice of Adoption of Pls' Mot to Exclude Timothy Ulatowski, #7 Exhibit MDL ECF (6965) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski, #8 Exhibit MDL ECF (7143) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Timothy Ulatowski)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 31 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 CONTINUED, MDL ECF (2025) - Pls' Mot to Exclude Joseph Carbone, #2 Exhibit MDL ECF (2027) - Pls' Memo in Support of Mot to Exclude Joseph Carbone, #3 Exhibit MDL ECF (2180) - Defs' Resp to Pls' Mot to Exclude Joseph Carbone, #4 Exhibit MDL ECF (2915) - Defs' Resp to Pls' Mot to Exclude Joseph Carbone, #5 Exhibit MDL ECF (3036) - Pls' Reply in Support of Mot to Exclude Joseph Carbone, #6 Exhibit MDL ECF (6790) - Notice of Adoption of Pls' Mot to Exclude Joseph Carbone, #7 Exhibit MDL ECF (7007) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Joseph Carbone, #8 Exhibit MDL ECF (7128) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Joseph Carbone)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 30 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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 (6804) - Notice of Adoption Pls' Mot to Exclude Nicolette Horbach, #8 Exhibit MDL ECF (6939) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Nicolette Horbach, #9 Exhibit MDL ECF (7133) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Nicolette Horbach)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 29 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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 (6821) - Notice of Adoption of Defs' Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (6958) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence, #11 Exhibit MDL ECF (7177) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Peggy Pence)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 28 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 CONTINUED, MDL ECF (2251) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #2 Exhibit MDL ECF (3619) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #3 Exhibit MDL ECF (3619) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #4 Exhibit MDL ECF (3619) Part 3 - Defs' Mot to Exclude Vladimir Iakovlev, #5 Exhibit MDL ECF (3621) - Pls' Mem in Support of Mot to Exclude Vladimir Iakovlev, #6 Exhibit MDL ECF (3790) Part 1 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #7 Exhibit MDL ECF (3790) Part 2 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #8 Exhibit MDL ECF (3790) Part 3 - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #9 Exhibit MDL ECF (3865) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev, #10 Exhibit MDL ECF (6874) Part 1 - Defs' Mot to Exclude Vladimir Iakovlev, #11 Exhibit MDL ECF (6874) Part 2 - Defs' Mot to Exclude Vladimir Iakovlev, #12 Exhibit MDL ECF (6875) - Defs' Mem in Support of Mot to Exclude Vladimir Iakovlev, #13 Exhibit MDL ECF (7038) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #14 Exhibit MDL ECF (7045) - Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #15 Exhibit MDL ECF (7085) - Amended Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Vladimir Iakovlev, #16 Exhibit MDL ECF (7183) - Defs' Reply in Support of Mot to Exclude Vladimir Iakovlev)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 27 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 26 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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 (6648) - Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #15 Exhibit MDL ECF (6833) - Amended Notice of Adoption of Defs' Mot to Exclude Uwe Klinge, #16 Exhibit MDL ECF (6926) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Uwe Klinge, #17 Exhibit MDL ECF (7123) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Uwe Klinge)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 25 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 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 10 - 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) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 24 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF # 23 CONTINUED, MDL ECF (1996) - Defs' Mot to Exclude Donald Ostergard, #2 Exhibit MDL ECF (1997) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #3 Exhibit MDL ECF (2167) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #4 Exhibit MDL ECF (2222) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #5 Exhibit MDL ECF (2814) - Defs' Mot to Exclude Donald Ostergard, #6 Exhibit MDL ECF (2816) - Defs' Mem in Support of Mot to Exclude Donald Ostergard, #7 Exhibit MDL ECF (2950) - Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #8 Exhibit MDL ECF (3011) - Defs' Reply in Support of Mot to Exclude Donald Ostergard, #9 Exhibit MDL ECF (6825) - Notice of Adoption of Defs' Mot to Exclude Donald Ostergard, #10 Exhibit MDL ECF (6957) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Donald Ostergard, #11 Exhibit MDL ECF (7179) - Notice of Adoption of Defs' Reply in Support of Mot to Exclude Donald Ostergard)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 23 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 4/30/2020.] |
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Filing 22
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 4/30/2020 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 4/29/2020 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 4/16/2020. (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 4/30/2020.]
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| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE by Doris Mitchell (Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 19
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 4/30/2020.]
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Filing 18
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 4/30/2020.]
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| Filing 17 RESPONSE by Doris Mitchell in opposition to #15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Proposed Order)(Balefsky, Lee) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 16 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 15 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachment: #1 Exhibit A - D)(Robinson, Susan) (Modified on 10/17/2018 to convert to a motion for partial summary judgment)(rmc) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 14 NOTICE OF VIDEO DEPOSITIONS by Ethicon, Inc., Johnson & Johnson of Friends and Family: Doris Mitchell, Jerry Lon Carver Jr., William Wayne Carver, William Randolph Mitchell, Linda Mitchell on a Date to Be Determined (Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 12
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) (lca) (ADI) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 11 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production to Plaintiff. (Combs, Philip) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 10 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Doris Mitchell on 5/3/18 at 9:00 a.m. (Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 9 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #6 Notice of Videotaped Deposition (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 8 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 4/30/2020.] |
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Filing 7
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) (mek) (ADI) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 6 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Gopal Badlani on 4/26/2018 at 9:00 a.m. (Thomas, David) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 5 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 4/30/2020.] |
| Filing 4 PLAINTIFF PROFILE FORM filed by Doris Mitchell. (Gomez, Christopher) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 217 (Third Amended Docket Control Order - Wave 1 Cases) entered on 03/15/2016 in MDL 2327 to attorneys in member case. (kp) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4470185. (Attachments: #1 Civil Cover Sheet) (sas) [Transferred from West Virginia Southern on 4/30/2020.] |
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