OXENDINE et al v. ETHICON, INC. et al
| MICHAEL KENNETH OXENDINE and EULA JANE CLARK OXENDINE |
| ETHICON, INC. and JOHNSON & JOHNSON |
| 1:2020cv00529 |
| June 12, 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 42 JOINT STATUS REPORT filed by all parties.. (COLEMAN, SHELLEY) |
Filing 41
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 7/6/2020; that the Motion [Doc. #39 ] is GRANTED and the appearance of Davis 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of the law firm of Thomas, Combs & Spann, PLLC as counsel for Defendants Ethicon, Inc, and Johnson & Johnson shall be withdrawn.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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| Motion Referred: RE: #39 MOTION to Withdraw as Attorney DAVID B. THOMAS, SUSAN M. ROBINSON, to MAG/JUDGE JOI ELIZABETH PEAKE. (Blay, Debbie) |
| Filing 40 MEMORANDUM filed by Defendants ETHICON, INC., JOHNSON & JOHNSON re #39 MOTION to Withdraw as Attorney DAVID B. THOMAS, SUSAN M. ROBINSON filed by ETHICON, INC., JOHNSON & JOHNSON. (Hicks, Samantha) |
| Filing 39 MOTION to Withdraw as Attorney DAVID B. THOMAS, SUSAN M. ROBINSON by on behalf of ETHICON, INC., JOHNSON & JOHNSON. Responses due by 7/16/2020. (Attachments: #1 Text of Proposed Order)(Hicks, Samantha) |
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TEXT ORDER issued by JUDGE LORETTA C. BIGGS on 6/23/2020. IT IS HEREBY ORDERED that the parties are directed to file a joint status report by Tuesday, July 14, 2020 to include the status of all outstanding motions and other matters requiring the Courts immediate attention.(Blay, Debbie)
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| 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 KARI L. SUTHERLAND; WILLIAM M. GAGE and CHRISTY D. JONES terminated. (COLEMAN, SHELLEY) |
| Filing 37 NOTICE of Appearance by attorney SHELLEY W. COLEMAN on behalf of Defendants ETHICON, INC., JOHNSON & JOHNSON (COLEMAN, SHELLEY) |
| Filing 36 ECF 30 Day Notice as to Attorney JESSICA LOCKLEAR. ECF 30 Day Notice due by 7/15/2020. (Attachments: #1 30 DAY NOTICE - JONES, #2 30 DAY NOTICE - THOMAS, #3 30 DAY NOTICE - ROBINSON, #4 30 DAY NOTICE - SUTHERLAND, #5 30 DAY NOTICE - 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. (Hicks, Samantha) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (Hicks, Samantha) |
| Filing 35 Case transferred in from District of West Virginia Southern; Case Number 2:13-cv-30148. 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 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)(Gage, William) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 33
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 6/12/2020 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 6/11/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 5/29/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (maw) [Transferred from West Virginia Southern on 6/12/2020.]
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Filing 32
ORDER The #19 MOTION by Eula Jane Clark Oxendine to Move the Case to Active Status, #27 MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Eula Jane Clark Oxendine, #28 MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Michael Kenneth Oxendine, and #31 AMENDED MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Eula Jane Clark Oxendine are DENIED without prejudice. Signed by Judge Joseph R. Goodwin on 5/29/2020. (cc: counsel of record; any unrepresented party) (st) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 31 AMENDED MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Eula Jane Clark Oxendine (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 30 PROPOSED ORDER Order to withdraw as attorney by Michael Kenneth Oxendine (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 29 PROPOSED ORDER Order to withdraw as attorney by Eula Jane Clark Oxendine (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 28 MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Michael Kenneth Oxendine (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 27 MOTION by Jessica Locklear to Withdraw as Attorney without substitution on behalf of Eula Jane Clark Oxendine (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 26
PRETRIAL ORDER # 328 (Docket Control Order - Ethicon, Inc. Wave 11 Cases) The cases on Exhibit A are: 1. removed from the pending inactive docket; and 2. placed on the active docket. As to the cases on Exhibits A and B: 1. The cases are no longer eligible for return to the inactive docket nor may notices of settlement be filed to relieve the parties from scheduling deadlines; 2. To the extent other defendants, in addition to Ethicon, Inc. and Johnson & Johnson, are named in the cases on Exhibits A and B, the deadlines below also apply to them; 3. The Clerk will file this Docket Control Order in the main MDL and, as of the time of that filing in the main MDL, every case listed on Exhibits A and B (hereinafter referred to as "Wave 11 cases") becomes subject to the deadlines in this Docket Control Order.; and 4. The following deadlines immediately apply in all Ethicon Wave 11 cases with one important exception. If any of the cases on any exhibit were previously on a docket control order and dispositive and Daubert deadlines had passed before such cases became inactive, the parties may not file or refile dispositive or Daubert motions without first seeking leave of court for good cause shown. A. SCHEDULING DEADLINES.. The following deadlines shall apply in all Ethicon Wave 11 cases: Plaintiff Fact Sheets due 02/15/2019; Defendant Fact Sheets due 02/22/2019; Deadline for written discovery requests due 03/25/2019; Expert disclosures served by plaintiffs due 05/24/2019; Expert disclosure served by defendants due 06/24/2019; Expert disclosure served for rebuttal due 07/01/2019; Deposition deadline and close of discovery due 08/01/2019; Filing of dispositive motions due 08/14/2019; Response to dispositive motions due 08/28/2019; Reply to response to dispositive motions due 09/04/2019; Filing of Daubert motions due 08/14/2019; Responses to Daubert motions due 08/29/2019; Reply to response to Daubert motions due 09/05/2019. B. MOTION PRACTICE. 3. Confidential Documents. Any consolidated motion to seal is due on or before 6/27/2019, and any response is due by 7/11/2019. Any reply is due by 7/18/2019. The court expects full compliance with Local Rule of Civil Procedure 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1. Venue Recommendations. By no later than 7/8/2019, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 7/15/2019. Signed by Judge Joseph R. Goodwin on 2/4/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 11 cases identified on Exhibits A and B) (mek) (ADI) [Transferred from West Virginia Southern on 6/12/2020.]
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Filing 25
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 6/12/2020.]
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Filing 24
ORDER The deadline to submit joint motions of dismissal is extended to 10/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 8/15/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (kp) (ADI) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 23 CERTIFICATE OF SERVICE by Eula Jane Clark Oxendine for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 22
ORDER (CHANGE TO CHARACTERIZATION BY CLERK'S OFFICE OF CASES ON INACTIVE DOCKET) It is directed that in all cases with an inactive docket order which resulted in "Closed" and "MDL Ethicon Inactive" flags on the docket sheet, the Clerk is directed to update the docket by removing the "Closed" flag from the docket sheet and leaving the "MDL Ethicon Inactive" flag, for reasons set forth herein. Signed by Judge Joseph R. Goodwin on 4/26/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member Cases Flagged "Closed" and "MDL Ethicon Inactive") (brn) (ADI) [Transferred from West Virginia Southern on 6/12/2020.]
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Filing 21
ORDER The deadline to submit joint motions of dismissal is extended to 8/31/2018 for all cases in MDL 2327 currently on an inactive docket. All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Joseph R. Goodwin on 3/16/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket) (arb) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 20 PLAINTIFF FACT SHEET filed by Eula Jane Clark Oxendine. (Attachment: #1 Supplement)(Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 19 MOTION by Eula Jane Clark Oxendine to Move the Case to Active Status (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 18
INACTIVE DOCKET ORDER: The court has been advised that the plaintiff(s) and Ethicon, Inc. have reached a settlement with regard to Ethicon. All discovery deadlines are continued until further order of the court. The Clerk is directed to retire this case from the active docket. Plaintiff(s) and Ethicon may submit an agreed order of dismissal with prejudice on or before 3/31/2018; if settlements are not finalized and dismissal orders are not submitted by then the Court will have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket. Counsel for plaintiffs and defendant(s) are directed to provide quarterly reports as to their progress in dismissing cases on the inactive docket. The court will reinstate the case to the active docket if one of the parties shows good cause for such reinstatement. This Order is related to the Proposed Inactive Docket Order filed at ECF No. 4795 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 12/6/2017. (cc: attys; any unrepresented party) (st) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 17 PLAINTIFF PROFILE FORM filed by Eula Jane Clark Oxendine. (Aylstock, Bryan) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 16 PLAINTIFF PROFILE FORM filed by Eula Jane Clark Oxendine. (Locklear, Jessica) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 13
ORDER granting #9 MOTION by Douglass Alan Kreis, Bryan F. Aylstock, D. Renee Baggett to Withdraw as Counsel for Plaintiffs Eula Jane Clark Oxendine, Michael Kenneth Oxendine; the Clerk is directed to terminate Bryan F. Aylstock, D. Renee Baggett, and Douglass A. Kreis as counsel for the plaintiffs. Signed by Judge Joseph R. Goodwin on 3/31/2016. (cc: counsel of record; any unrepresented party) (ts) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 12 NOTICE of Filing U.S. Certified Mail Receipt by Eula Jane Clark Oxendine, Michael Kenneth Oxendine (Attachment: #1 Exhibit A)(Kreis, Douglass) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 11 RETURN RECEIPT CARD received re: #10 ORDER. (ts) [Transferred from West Virginia Southern on 6/12/2020.] |
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Filing 10
ORDER re: #9 MOTION by Douglass Alan Kreis, Bryan F. Aylstock, D. Renee Baggett to Withdraw as Counsel for Plaintiffs Eula Jane Clark Oxendine, Michael Kenneth Oxendine; if the plaintiffs wish to respond to the motion to withdraw, they must do so on or before 3/11/2016; if plaintiffs do not respond, the Motion to Withdraw as Counsel may be dismissed; Plaintiffs are advised that in the event the motion to withdraw is granted they will be responsible for complying with all deadlines and risk sanctions up to and including dismissal for failure to comply with any court imposed deadlines; Plaintiffs' counsel are directed to send a copy of this order and a copy of their Motion to Withdraw as Counsel to the plaintiffs, via any email address they may have for the plaintiffs, and via regular mail and certified mail, return receipt requested, and file a copy of the receipt; if no receipt is obtained, counsel should file proof of mailing. Signed by Judge Joseph R. Goodwin on 2/12/2016. (cc: counsel of record; plaintiffs via certified mail, return receipt requested) (ts) [Transferred from West Virginia Southern on 6/12/2020.]
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| Filing 9 MOTION by Douglass Alan Kreis, Bryan F. Aylstock, D. Renee Baggett to Withdraw as Counsel for Plaintiffs Eula Jane Clark Oxendine, Michael Kenneth Oxendine (Kreis, Douglass) [Transferred from West Virginia Southern on 6/12/2020.] |
| 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 6/12/2020.] |
| Filing 7 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 6/12/2020.] |
| Filing 6 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by D. Renee Baggett on behalf of Eula Jane Clark Oxendine, Michael Kenneth Oxendine. (Baggett, D.) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Bryan F. Aylstock on behalf of Eula Jane Clark Oxendine, Michael Kenneth Oxendine. (Aylstock, Bryan) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 4 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Douglass Alan Kreis on behalf of Eula Jane Clark Oxendine, Michael Kenneth Oxendine. (Kreis, Douglass) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 3 TRANSMITTED PRETRIAL ORDER # 84 (Order Amending PTO # 4 - Counsel Structure) entered on 12/06/2013 in MDL 2327 to attorneys in member case. (klc) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 2 SUMMONS ISSUED by the Clerk on behalf of Eula Jane Clark Oxendine, Michael Kenneth Oxendine for Ethicon, Inc., re: #1 Complaint, returnable 21 days. Original Summons and 2 copies mailed to Jessica Locklear for service. (cbo) [Transferred from West Virginia Southern on 6/12/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # CHAR006725. (cbo) Modified docket entry on 12/3/2013 to reflect correct filed date. (ras) [Transferred from West Virginia Southern on 6/12/2020.] |
| NOTICE OF DOCKET CORRECTION re #1 SHORT FORM COMPLAINT: Modified docket entry on 12/3/2013 to reflect correct filed date. (ras) [Transferred from West Virginia Southern on 6/12/2020.] |
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