DEESE et al v. ETHICON, INC. et at
| RICKY DEESE and SANDRA SUE CHAVIS DEESE |
| ETHICON, INC. and JOHNSON & JOHNSON |
| 1:2020cv00390 |
| 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 |
Docket Report
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| Filing 34 Case transferred in from District of West Virginia Southern; Case Number 2:16-cv-01156. Original file certified copy of transfer order and docket sheet received. |
| Filing 33 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28, 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 3 - 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 32 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28, CONTINUED, MDL ECF (2117) - Pls' Mot to Exclude Christopher Ramsey, #2 Exhibit MDL ECF (2118) - Pls' Mem in Support of Mot to Exclude Christopher Ramsey, #3 Exhibit MDL ECF (2263) - Defs' Resp to Pls' Mot to Exclude Christopher Ramsey, #4 Exhibit MDL ECF (2908) - Defs' Resp to Pls' Mot to Exclude Christopher Ramsey, #5 Exhibit MDL ECF (3050) - Pls' Reply in Support of Mot to Exclude Christopher Ramsey, #6 Exhibit MDL ECF (6837) - Notice of Adoption of Pls' Mot to Exclude Christopher Ramsey, #7 Exhibit MDL ECF (7005) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Christopher Ramsey, #8 Exhibit MDL ECF (7442) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Christopher Ramsey)(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 #28, 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 30 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #28 CONTINUED, MDL ECF (3672) Part 1 - Pls' Mot to Exclude Brian Parker, #2 Exhibit MDL ECF (3672) Part 2 - Pls' Mot to Exclude Brian Parker, #3 Exhibit MDL ECF (3672) Part 3 - Pls' Mot to Exclude Brian Parker, #4 Exhibit MDL ECF (3674) - Pls' Mem in Support of Mot to Exclude Brian Parker, #5 Exhibit MDL ECF (3747) - Defs' Resp to Pls' Mot to Exclude Brian Parker, #6 Exhibit MDL ECF (3858) - Pls' Reply in Support of Mot to Exclude Brian Parker, #7 Exhibit MDL ECF (6828) - Notice of Adoption of Pls' Mot to Exclude Brian Parker, #8 Exhibit MDL ECF (7011) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Brian Parker, #9 Exhibit MDL ECF (7104) - Notice of Adoption of Pls' Reply in Support of Mot to Exclude Brian Parker)(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 #28 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 28 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit JD Ex A-2, #2 Exhibit MDL ECF (238) - First Amended Master Long Form Complaint, #3 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint, #4 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint, #5 Exhibit MDL ECF (262) - Short Form Complaint, #6 Exhibit MDL ECF (263) - Amended Short Form Complaint)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
Filing 27
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 26 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.] |
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Filing 25
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 24
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 23 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #22 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 22 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachment: #1 Exhibit A - C)(Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 21 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Ricky Deese, Sandra Sue Chavis Deese. (Robinson, Susan) (Modified on 8/28/2018 to add party filer) (lca). [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 20
ORDER denying #17 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 8/20/2018. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 19 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.] |
| Filing 18 NOTICE of Plaintiffs' Failure to File Response to Defendants' Motion to Dismiss for Failure to Comply with PTO 303 or Alternatively for Plaintiffs to Show Cause for Failure to Comply with PTO 303 by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Appendix A, B & C)(Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 17 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply with PTO 303 or Alternatively to Showcause for Failure to Comply with PTO 303 and Request for Expedited Briefing (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Sandra Sue Chavis Deese for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Norton, Jessica) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Sandra Sue Chavis Deese for Response to Ethicon's First Set of Interrogatories, Requests for Admission and Request for Production. (Norton, Jessica) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 13
ORDER The #11 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing is DENIED as moot. Signed by Judge Joseph R. Goodwin on 6/14/2018. (cc: counsel of record; any unrepresented party) (REF: Cases Listed on Appendix A & B) (jsa) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 12 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #11 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
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Filing 14
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 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss for Failure to Comply With PTO 280 or Alternatively for Plaintiffs to Show Cause for Failure to Comply With PTO 280 or for Alternative Relief, Request for Expedited Briefing and Supporting Memorandum (Gage, William) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 10 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 4/30/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Sandra Sue Chavis Deese on 5/9/18 at 2:00 p.m. (Robinson, Susan) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 8 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #6 Notice of Videotaped Deposition (Sutherland, Kari) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 6 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Stephen A. Szabo on 4/11/2018 at 9:00 a.m. (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) (pma) [Transferred from West Virginia Southern on 4/30/2020.]
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| Filing 5 PLAINTIFF PROFILE FORM filed by Sandra Sue Chavis Deese. (Norton, Jessica) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 4 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 3 TRANSMITTED PRETRIAL ORDER # 212 (Re: Order Dismissing Ethicon, LLC in Cases Listed on Exhibit A) entered on 01/20/2016 in MDL 2327 to attorneys in member case. (Attachment: #1 Exhibit A) (kp) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., 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). (ham) [Transferred from West Virginia Southern on 4/30/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-4370002. (ham) [Transferred from West Virginia Southern on 4/30/2020.] |
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