Sylvester et al v. Ethicon, Inc. et al
| Tracie Sylvester and Antonio May |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 1:2019cv02658 |
| November 13, 2019 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2020. A more recent docket listing may be available from PACER.
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| Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Attorney status conference held 01/08/20. Counsel shall confer and submit to the Court no later than noon Wednesday, January 15, 2020 a joint proposed case schedule to include an agreed upon trial date. The parties shall also include a list of the pending motions identified by their ECF docket numbers. Time: 15 minutes. (S,HR) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
Order [non-document] granting Motion for Attorney Michael Trunk to attend January 8, 2020 Status Conference by telephone (Related Doc #78 ). Judge Christopher A. Boyko on 1/7/2020.(D, I)
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| Filing 78 Motion to attend January 8, 2020 Status Conference by telephone filed by Antonio May, Tracie Sylvester. (Balefsky, Lee s/ by Michael A. Trunk) |
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Michael A. Trunk. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #77 ). Judge Christopher A. Boyko on 12/20/2019.(D, I)
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| Filing 77 Motion for attorney Michael A. Trunk to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660119726, filed by Antonio May, Tracie Sylvester. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Court Admissions, #3 Proposed Order)(L,MI) |
| IMPORTANT: Notice [non-document] of In-Person Status Conference, with attorneys only, set for 1/8/2020 at 2:00 PM in Chambers 15B before Judge Christopher A. Boyko. (D, I) |
| Filing 76 FILING ERROR. FILED IN WRONG CASE.. Notice of Case Management Conference with telephonic conference to be held on 2/19/20 at 11:00 a.m. before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. Counsel for plaintiff is to set up the call by calling Chambers with all counsel on the line at 216-357-7151 or providing call-in information to all counsel and the Court. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 12/11/2019. (Attachments: #1 Report of Parties Planning Meeting, #2 Magistrate Consent Package)(S,HR) Noted filing error and regenerated NEF. (S,HR). |
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Order [non-document] granting Motion for appearance pro hac vice by Lee B. Balefsky. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #75 ). Judge Christopher A. Boyko on 12/9/2019.(W,CM)
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| Filing 75 Motion for attorney Lee B. Balefsky to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9654778, filed by Antonio May, Tracie Sylvester. (Attachments: #1 Proposed Order, #2 Exhibit A Certificate of Good Standing, #3 Exhibit B Court Admissions List )(Balefsky, Lee) |
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Order [non-document] granting Motion for appearance pro hac vice by Attorney Christopher A. Gomez. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #74 ). Judge Christopher A. Boyko on 12/2/2019. (D, I)
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| Filing 74 Motion for attorney Christopher A. Gomez to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9651375, filed by Antonio May, Tracie Sylvester. (Attachments: #1 Proposed Order, #2 Exhibit A Certificate of Good Standing, #3 Exhibit B Court Admissions List)(Gomez, Christopher) |
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Order [non-document] granting Motions to withdraw as attorney (Related Doc #67 , #68 , #69 , #70 , #71 , #72 , #73 ). Attorneys Christy D. Jones; Susan J. Pope; Susan M. Robinson; Kari L. Sutherland; David B. Thomas; Philip J. Combs and William M. Gage removed from case. Judge Christopher A. Boyko on 11/20/2019.(D, I)
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| Filing 73 Motion by William M. Gage to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 72 Motion by Philip J. Combs to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 71 Motion by Susan J. Pope to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 70 Motion by David B. Thomas to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 69 Motion by Christy D. Jones to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 68 Motion by Susan M. Robinson to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 67 Motion by Kari L. Sutherland to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 66 Corporate Disclosure Statement filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 65 Attorney Appearance by Brenda A. Sweet filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 64 Attorney Appearance by Rita A. Maimbourg filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Maimbourg, Rita) |
| Notice to Attorney Michael A. Trunk. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Michelle L. Tiger. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Lee B. Balefsky. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Susan J. Pope. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Phillip S. Combs. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney William M. Gage. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Kari L. Sutherland. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Notice to Attorney Susan M. Robinson. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K) |
| Filing 63 Magistrate Consent Form issued. (M,L) |
| Filing 62 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:12-cv-09047. Electronic file, transfer order and docket sheet received. |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (M,L) |
| Judge Christopher A. Boyko assigned to case. (M,L) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Ethicon, Inc. and Johnson & Johnson are reminded of their requirement to file a corporate disclosure statement. (M,L) |
| Filing 61 DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF#2132 - Response to Motion, #2 Exhibit ECF#2552 Part 1 - Response to Motion, #3 Exhibit ECF#2552 Part 2 - Response to Motion, #4 Exhibit ECF#2552 Part 3 - Response to Motion, #5 Exhibit ECF#3592 - Motion to Exclude, #6 Exhibit ECF#4374 - Motion to Exclude)(Gage, William) [Transferred from wvsd on 11/13/2019.] |
| Filing 60 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 4996-Notice of Adoption of 2244 Prior Daubert Reply of Kimberly Kenton, M.D. for Wave 6, #2 4823-Notice of Adoption re: 2087 Prior Daubert Motion of Kimberly Kenton, M.D. and 2088 Memorandum in Support for Wave 6, #3 4928-Notice of Adoption of Prior Daubert Response of Steven MacLean, M.D., for Wave 6 by Ethicon Women's Health and Urology, Ethicon, LLC, Johnson & Johnson re: 2287 , 2942 Response in Opposition, #4 5000-Notice of Adoption of Prior Daubert Reply of Steven MacLean, PhD for Wave 6 by All Plaintiffs re: 2297 , 3053 Reply to Response, #5 4828-Notice of Adoption of Prior Daubert Motion of Steven MacLean, PhD for Wave 6 by All Plaintiffs re: 2205 , 2825 Motion to Exclude or, in the Alternative, to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E., 2206 , 2826 Memorandum in Support, #6 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 1, #7 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 2, #8 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 3, #9 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 4, #10 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 5, #11 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 6, #12 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 7, #13 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 8, #14 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 9, #15 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 10, #16 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 11, #17 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 12, #18 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 13, #19 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 14, #20 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 15, #21 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 16, #22 2552- Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 17)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 59 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 5034-Notice of Adoption of Prior Daubert Reply 3855 Regarding Prof. Dr. Med. Uwe Klinge for Wave 6, #2 2029-Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #3 2031-Memorandum in Support of Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #4 2169-Response in Opposition to Defendants' Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #5 2212-Reply Memorandum in Support of Motion to Exclude Certain Opinions of Michael Thomas Margolis, M.D., #6 2832-Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply Brief of Michael Thomas Margolis, M.D. for Wave 3, #7 2833-Memorandum in Support of Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply Brief of Michael Thomas Margolis, M.D. for Wave 3, #8 2904-Memorandum in Opposition to Defendants' Supplemental Motion to Exclude and Notice of Adoption of Prior Daubert Motion and Reply of Michael Thomas Margolis, M.D. for Wave 3, and Plaintiffs' NOTICE of Adoption of Memorandum in Opposition to Prior Daubert Motion, #9 4857-Notice of Adoption of Prior Daubert Motions and Reply Briefings of Michael Thomas Margolis, M.D. For Wave 6 re: 2029 Motion, 2031 Memorandum in Support, 2212 Reply, 2832 , 2833 Supplemental Briefing, #10 4905-Notice of Adoption of Prior Daubert Response of Michael Thomas Margolis, MD for Wave 6 re: 2169 , 2904 Memorandums in Opposition, #11 3019-Reply in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D. [Wave 3], #12 3592-Motion to Exclude Suzanne Parisian, M.D. [Wave 4], #13 3594-Memorandum in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D. [Wave 4], #14 3788-Memorandum in Opposition to Defendants' Motion to Exclude Dr. Suzanne Parisian, M.D., #15 3845-Reply in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D. [Wave 4] [and adopting and incorporating by reference their Reply from Wave 3 [Doc. 3019], #16 4863-Notice of Adoption of Prior Motion to Exclude Suzanne Parisian, M.D., for Wave 6 re: 3592 Motion, 3594 Memorandum in Support, 3845 Reply to Response, #17 4909-Notice of Adoption of Prior Daubert Response of Suzanne Parisian, MD for Wave 6 by All Plaintiffs re: 3788 Memorandum in Opposition, #18 5024-Notice of Adoption of Prior Reply in Support of Defendants' Motion to Exclude Suzanne Parisian, M.D. by Ethicon Women's Health and Urology, Johnson & Johnson re: 3845 Reply to Response, #19 2759-Motion to Exclude Peggy Pence, Ph.D., #20 2760-Memorandum in Support of Motion to Exclude Peggy Pence, Ph.D., #21 2949-Response in Opposition to Defendants' Motion to Exclude Peggy Pence, Ph.D., #22 3017-Reply in Support of Motion to Exclude Peggy Pence, Ph.D., #23 4862-Notice of Adoption of Prior Daubert Motion to Exclude Peggy Pence, Ph.D., for Wave 6 re: 2759 Motion, 2760 Memorandum in Support, #24 4910-Notice of Adoption of Prior Daubert Response of Peggy Pence, Ph.D. for Wave 6 re: 2949 Response in Opposition, #25 5025-Notice of Adoption of Prior Reply in Support of Daubert Motion to Exclude Peggy Pence, Ph.D. for Wave 6 re: 3017 Reply to Response, #26 2817-Defendants' Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #27 2818-Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #28 4374-Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #29 4375-Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #30 4632-Reply in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #31 4875-Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #32 4880-Memorandum in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #33 4977-Memorandum in opposition to 4875 Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D, #34 5027-Reply Brief in Support of Motion to Exclude Certain General Opinions of Bruce Rosenzweig, M.D., #35 2091- Plaintiffs' Motion to Exclude the Proposed Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #36 2092-Memorandum in Support of Plaintiffs' Motion to Exclude the Proposed Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #37 2446-Motion to Exclude Exert Testimony of Michael Karram, M.D., #38 2471-Memorandum in Support of Motion to Exclude Exert Testimony of Michael Karram, M.D., #39 2849-Motion to Exclude Exert Testimony of Michael Karram, M.D., #40 2851-Memorandum in Support of Motion to Exclude Exert Testimony of Michael Karram, M.D, #41 2133-Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #42 2524-Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Testimony of Michael Karram, M.D., #43 2951-Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Testimony of Michael Karram, M.D, #44 3785-Defendants' Response in Opposition to Plaintiffs' Motion to Exclude the Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #45 2246-Plaintiffs' Reply in Support of Their Motion to Exclude Expert Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #46 2620-Reply Memorandum in Support of Plaintiffs' Motion to Exclude Expert Testimony of Michael Karram, M.D, #47 3047-Reply Memorandum in Support of Plaintiffs' Motion to Exclude Expert Testimony of Michael Karram, M.D., #48 3862-Plaintiffs' Reply in Support of Their Motion to Exclude Expert Testimony of Michael Karram, M.D. Regarding the Safety and Efficacy of the TVT-O Product, #49 4802-Notice of Adoption of Prior Daubert Motion of Michael Karram, MD for Wave 6 re: 2092 Memorandum In Support, 2091 MOTION by Certain Plaintiffs in Wave 1 Cases to Exclude the Proposed Testimony of Michael Karram, M.D., 2446 MOTION by Certain Plaintiffs in Wave 2 Cases to Exclude Expert Testimony of Michael Karram, MD, 2471 Memorandum In Support, 2851 Memorandum In Support, 2849 MOTION by Certain Plaintiffs in Wave 3 Cases to Exclude the Proposed Testimony of Michael Karram, M.D, 2851 Memorandum In Support, #50 4926-Notice of Adoption of Prior Responses in Opposition to Plaintiffs' Motion to Exclude the Testimony of Michael Karram, M.D. re: 2133 , 2524 , 2951 , [3785, #51 4994-Notice of Adoption of Prior Daubert Reply of Michael Karram, MD for Wave 6 by All Plaintiffs re: 2246 Reply to Response, 2620 Reply to Response, 3047 Reply to Response, 3862 Reply to Response)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 58 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 2, #2 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 3, #3 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 4, #4 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 5, #5 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 6, #6 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 7, #7 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 8, #8 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 2, #9 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 10, #10 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 11, #11 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 12, #12 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 13, #13 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 14, #14 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 15, #15 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 16, #16 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 17, #17 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 18, #18 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 19, #19 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 20, #20 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 21, #21 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 22, #22 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 23, #23 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 24, #24 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 25, #25 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 26, #26 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 27, #27 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 28, #28 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 29, #29 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 30, #30 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 31, #31 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 32, #32 3790-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D. pt 33, #33 3865-Defendants' Reply in Support of Motion to Exclude the Opinions and Testimony of Vladimir Iakovlev, M.D., #34 4820-Notice of Adoption of Ethicon's Motion to Exclude the Opinions & Testimony of Dr. Vladimir Iakovlev Filed in Wave 4 re: 3619 Motion, 3621 Memorandum, #35 4902-Notice of Adoption of Prior Daubert Response of Vladimir Iakovlev, MD for Wave 6 re: 3790 Response in Opposition, #36 5032-Notice of Adoption of Prior Daubert Reply 3865 Regarding Vladimir Iakovlev, M.D. for Wave 6, #37 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases, #38 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 2, #39 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 3, #40 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 4, #41 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 5, #42 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 6, #43 3626-Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge in Certain Wave 4 Cases pt 7, #44 3630-Memorandum in Support of Motion to Limit Testimony of Prof. Dr. Med. Uwe Klinge, #45 3767-Response in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Prof. Dr. Med. Uwe Klinge, #46 3855-Reply in Support of Motion to Limit the Testimony of Prof. Dr. Med. Uwe Klinge, #47 4833-Notice of Adoption of 3626 Motion to Exclude the Opinions & Testimony of Prof. Dr. Med. Uwe Klinge, 3630 Memorandum in Support)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 57 CONTINUED DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 2088-Memorandum in Support of Plaintiffs' Motion to Exclude the Expert Testimony of Kimberly Kenton, M.D., #2 2132-Defendants' Response in Opposition to Motion to Exclude the Expert Testimony of Kimberly Kenton, M.D., #3 2939-Memorandum in Opposition to Motion to Exclude the Expert Testimony of Kimberly Kenton, M.D., #4 2244-Reply in Further Support of Plaintiffs' Motion to Excludethe Expert Testimony of Kimberly Kenton, M.D., M.S., #5 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 1, #6 2205- 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 2, #7 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 3, #8 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 4, #9 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 6, #10 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 7, #11 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 8, #12 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 9, #13 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 10, #14 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 11, #15 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 12, #16 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 13, #17 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 14, #18 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 15, #19 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 16, #20 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 17, #21 2205-Motion to Exclude Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 18, #22 2206-Memorandum in Support of Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E., #23 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 1, #24 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 2, #25 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 3, #26 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 4, #27 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 5, #28 2287-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E pt 6, #29 2297-Reply to Defendants' Response in Opposition to Plaintiffs' Daubert Motion to Exclude, or in the Alternative, to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E., #30 2825-Motion to Exclude or To Limit the Opinions and Testimony of Steven Maclean, Ph.D., P.E.., #31 2826-Memorandum in Support to Exclude or Limit the Opinions and Testimony of Steven Maclean, Ph.D., P.E., #32 2942-Response in Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Steven MacLean, Ph.D., P.E., #33 3053-Reply in Support of Daubert Motion to Exclude or to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 1, #34 3053-Reply in Support of Daubert Motion to Exclude or to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 2, #35 3053-Reply in Support of Daubert Motion to Exclude or to Limit the Opinions and Testimony of Steven MacLean, Ph.D., P.E. pt 3, #36 2060-Motion by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski, #37 2065-Memorandum by All Plaintiffs in support of 2060 MOTION by All Plaintiffs to Exclude the Opinions of FDA Expert Timothy Ulatowski, #38 2134-Response in Opposition to Motion to Exclude Timothy Ulatowski, #39 2232-Plaintiffs' Reply Brief in Support of Their Daubert Motion to Exclude FDA Expert Timothy Ulatowski, #40 2910-Supplemental Response and Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 2, #41 4860-Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, MD for Wave 6 by All Plaintiffs re: 2060 Daubert Motion by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions of FDA Expert Timothy Ulatowski, 2065 Memorandum in Support, #42 4973-Notice of Adoption of Prior Daubert Response Regarding Timothy Ulatowski for Wave 6 by Ethicon Women's Health and Urology, Johnson & Johnson re: 2134 Response in Opposition, 2910 Notice, #43 5020-Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski, MD for Wave 6 by All Plaintiffs re: 2232 Reply to Response, #44 3619-Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev pt 1, #45 3619-Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev pt 2, #46 3619-Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev pt 3, #47 3619-Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev pt 4, #48 3621-Memorandum of Law in Support of Motion to Exclude the Opinions and Testimony of Dr. Vladimir Iakovlev)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 56 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 238-First Amended Master Long Form Complaint and Jury Demand, #2 239-Master Answer and Jury Demand of Defendant Ethicon, Inc. to First Amended Master Complaint, #3 241-Master Answer and Jury Demand of Defendant Johnson & Johnson to First Amended Master Complaint, #4 262-Short Form Complaint, #5 263-Amended Short Form Complaint, #6 2033-Motion to Exclude the Opinions and Testimony of Elaine Duncan, M.D., #7 2033 attachment 1, #8 2033 attachment 2, #9 2033 attachment 3, #10 2033 attachment 4, #11 2033 attachment 5, #12 2033 attachment 6, #13 2033 attachment 7, #14 2033 attachment 8, #15 2036-Memorandum in Support of Plaintiffs' Motion to Exclude the Testimony of Ms. Elaine Duncan, #16 2155-Response in Opposition to Plaintiffs' Motion to Exclude the Testimony of Elaine Duncan, #17 2155 attachment 1, #18 2155 attachment 2, #19 2155 attachment 3, #20 2155 attachment 4, #21 2155 attachment 5, #22 2155 attachment 6, #23 2155 attachment 7, #24 2155 attachment 8, #25 2155 attachment 9, #26 2155 attachment 10, #27 2155 attachment 11, #28 2155 attachment 12, #29 2155 attachment 13, #30 2155 attachment 14, #31 2155 attachment 15, #32 2223-Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan, #33 2223-Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan pt 1, #34 2223-Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan pt 2, #35 2223-Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan pt 3, #36 2223-Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion to Exclude the Opinions and Testimony of Ms. Elaine Duncan pt 4, #37 4923-Notice of Adoption of Prior Daubert Response 2155 of Elaine Duncan for Wave 6, #38 4984-NOTICE of Adoption of Prior Daubert Reply of Elaine Duncan, MD for Wave 6 by All Plaintiffs re: 2223 Reply to Response, #39 4809-Notice of Adoption of Prior Daubert Motion of Elaine Duncan, MD for Wave 6 by All Plaintiffs re: 2036 Memorandum in Support, 2033 MOTION by Certain Plaintiffs in Wave 1 Cases to Exclude the Opinions and Testimony of Elaine Duncan, M.D.)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
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Filing 55
TRANSFER ORDER FOR CASES ON EXHIBIT A It is DIRECTED that on 11/13/2019 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 11/12/2019 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 Thomas E. Johnston on 10/30/2019. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mms) [Transferred from wvsd on 11/13/2019.]
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Filing 54
PRETRIAL ORDER # 338 (Adoption of PTO # 329 (Dismissal of Settled and Paid Cases)) To effectively and efficiently streamline procedures and be as consistent as possible throughout MDL 2327 the court ORDERS that PTO No. 329 is ADOPTED for every case in MDL 2327 assigned to Judge Thomas E. Johnston. Signed by Judge Thomas E. Johnston on 5/3/2019. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Cases assigned to Judge Thomas E. Johnston) (st) [Transferred from wvsd on 11/13/2019.]
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| Filing 53 RESPONSE TO ORDER TO SHOW CAUSE by Antonio May, Tracie Sylvester (Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
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Filing 52
ORDER The Show Cause Orders entered on 4/10/2019 in the case on Exhibit A are VACATED; the cases on the attached Exhibit A are assigned to Chief Judge Johnston. Signed by Judge Joseph R. Goodwin on 4/11/2019. (cc: counsel of record; any unrepresented party) (st) [Transferred from wvsd on 11/13/2019.]
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Filing 51
VACATED PURSUANT TO THE #52 ORDER ENTERED ON 4/11/2019: 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) (Modified on 4/11/2019 to note order has been vacated) (kew). [Transferred from wvsd on 11/13/2019.]
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Filing 50
ORDER The #49 Order entered on 3/26/2019 is VACATED. Signed by Judge Joseph R. Goodwin on 3/27/2019. (cc: counsel of record; any unrepresented party) (REF: cases identified on Exhibit A) (st) [Transferred from wvsd on 11/13/2019.]
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Filing 49
VACATED PURSUANT TO THE #51 ORDER ENTERED ON 3/27/2019: 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) (Modified on 3/28/2019 to note order has been vacated) (kew). [Transferred from wvsd on 11/13/2019.]
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Filing 48
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 Thomas E. Johnston on 5/25/2018. (cc: counsel of record; any unrepresented party) (mwk) (ADI) [Transferred from wvsd on 11/13/2019.]
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Filing 47
ORDER directing as follows: 1) The deadline to submit joint motions of dismissal is now extended to 10/31/2018, for all cases in MDL 2327 currently on an inactive docket; 2) For all cases on an inactive docket and all cases to be put on an inactive docket, the parties may submit an agreed order of dismissal with prejudice on or before 10/31/2018; if settlements are not finalized and dismissal orders are not submitted by 10/31/2018, then the court may have a hearing to determine the appropriate action pertaining to any remaining cases on the inactive docket, or dismiss the cases without prejudice; and 3) All remaining provisions of Inactive Docket Orders entered in MDL 2327 and individual cases remain in effect. Signed by Judge Thomas E. Johnston on 8/21/2018. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Member cases assigned to Chief Judge Johnston that is on an inactive docket) (pma) [Transferred from wvsd on 11/13/2019.]
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| Filing 46 ASSIGNMENT ORDER from the Judicial Panel on Multidistrict Litigation: The Honorable Thomas E. Johnston is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair for the Panel, on 5/7/2018. (cc: attys) (REF: MDL 2327; Cases Listed on Attachment) (kp) [Transferred from wvsd on 11/13/2019.] |
| Filing 45 OPPOSITION by Antonio May, Tracie Sylvester to #42 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Affidavit of Michael Thomas Margolis, M.D. filed as Exhibit G to #41 Memorandum in Opposition (Attachments: #1 Memorandum of Law in Opposition to Defendants' Motion to Strike Affidavit of Michael Thomas Margolis, M.D., #2 Proposed Order, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Balefsky, Lee) (Modified on 11/28/2017 to remove link to #43 memorandum in opposition) (ts). [Transferred from wvsd on 11/13/2019.] |
| Filing 44 REPLY by Ethicon, Inc., Johnson & Johnson to #41 Opposition. (Attachments: #1 Exhibit A - IME Report, #2 Exhibit B - Affidavit of Dr. Margolis)(Pope, Susan) (Modified on 11/13/2017 to correct link) (kp). [Transferred from wvsd on 11/13/2019.] |
| Filing 43 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #42 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Affidavit of Michael Thomas Margolis, M.D. filed as Exhibit G to #41 Memorandum in Opposition. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 42 MOTION by Ethicon, Inc., Johnson & Johnson to Strike Affidavit of Michael Thomas Margolis, M.D. filed as Exhibit G to #41 Memorandum in Opposition. (Attachments: #1 Exhibit A - IME Report, #2 Exhibit B - Affidavit of Dr. Margolis)(Pope, Susan) (Modified on 11/15/2017 to add link to #41 memorandum in opposition)(ts). [Transferred from wvsd on 11/13/2019.] |
| Filing 41 OPPOSITION by Antonio May, Tracie Sylvester to #38 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Memorandum in Opposition to Defendants' Motion to Exclude Certain Specific-Causation Testimony of Michael Thomas Margolis, M.D., #2 Proposed Order, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Balefsky, Lee) (Modified on 11/7/2017 to remove link to #39 memorandum in support) (ts). [Transferred from wvsd on 11/13/2019.] |
| Filing 40 OPPOSITION by Antonio May, Tracie Sylvester to #36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Memorandum in Opposition, #2 Proposed Order, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Balefsky, Lee) (Modified on 10/31/2017 to remove link to #37 memorandum) (kp). [Transferred from wvsd on 11/13/2019.] |
| Filing 39 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #38 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 38 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude Certain Specific-Causation Testimony of Michael Thomas Margolis, M.D. (Attachments: #1 Exhibit A - Designation and Disclosure of Experts, #2 Exhibit B - Margolis General Report, #3 Exhibit C - IME Report, #4 Exhibit D - PFS, #5 Exhibit E - MDWO 56-57)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 37 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 36 MOTION by Ethicon, Inc., Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A - PFS, #2 Exhibit B - Sylvester RFA Response, #3 Exhibit C - J. Shawi dep. excerpt)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
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Filing 35
AGREED ORDER DISMISSING ETHICON, LLC directing that Ethicon, LLC is dismissed without prejudice. Signed by Judge Robert C. Chambers on 10/5/2017. (cc: attys; any unrepresented party) (brn) [Transferred from wvsd on 11/13/2019.]
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Filing 34
PRETRIAL ORDER # 271 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). All such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID and undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiffs friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule, for good cause shown will be considered. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Robert C. Chambers on 9/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327 and Wave 1, 2, 3, 4, 5, 6, and 7 Cases Assigned to Judge Chambers) (st) [Transferred from wvsd on 11/13/2019.]
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| Filing 33 PROPOSED ORDER Agreed Order Dismissing Ethicon, LLC by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, Tracie Sylvester, Antonio May (Pope, Susan) (Modified on 8/31/2017 to add party filers) (kp). [Transferred from wvsd on 11/13/2019.] |
| Filing 32 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. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 31 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Firouz Daneshgari, MD on 08/31/2017 at 3:00 pm (Attachments: #1 Subpoena to Dr. Daneshgari, #2 PTO 38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 30 CROSS NOTICE OF VIDEOTAPE DEPOSITION by Antonio May, Tracie Sylvester of Dr. Joseph Shawi on August 17, 2017 at 9:30 a.m. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 29 CERTIFICATE OF SERVICE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for First Set of Interrogatories, First Set of Requests for Production, and First Set of Requests for Admission to plaintiffs Tracie Sylvester and Antonio May (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 28 AMENDED NOTICE of Independent Medical Examination of Plaintiff Tracie Sylvester by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 27 NOTICE of Independent Medical Examination of Plaintiff Tracie Sylvester by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 26 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson of Joseph Shawi, MD on 8/17/2017 at 9:30 am (Attachments: #1 Subpoena to Dr. Shawi, #2 PTO 38)(Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 25 CERTIFICATE OF SERVICE by Antonio May, Tracie Sylvester for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Balefsky, Lee) [Transferred from wvsd on 11/13/2019.] |
| Filing 24 ASSIGNMENT ORDER the Southern District of West Virginia has notified the Panel of the need to assign another judge from within that district to preside over certain cases in which the original transferee judge, the Honorable Joseph R. Goodwin, is recused. IT IS THEREFORE ORDERED that, with the consent of that court, the Honorable Robert C. Chambers is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair of the Panel. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 11/13/2019.] |
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Filing 23
ORDER (RE: FEE COMMITTEE PROTOCOL) Pursuant to Section C of the "Order Establishing Criteria for Applications to MDL Fund To Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit and Appointment of Common Benefit Fee and Cost Committee" (PTO # 211), the Common Benefit Fee and Cost Committee outlines the process for review of common benefit time submitted and the process for application for fees and expenses as set forth herein. Signed by Judge Robert C. Chambers on 6/28/2017. (Attachment: #1 Exhibits 1-4) (cc: counsel of record; any unrepresented party) (hkl) [Transferred from wvsd on 11/13/2019.]
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| Filing 22 PLAINTIFF FACT SHEET filed by Antonio May, Tracie Sylvester. (Clarke, Christine) [Transferred from wvsd on 11/13/2019.] |
| Filing 21 PLAINTIFF PROFILE FORM filed by Antonio May, Tracie Sylvester. (Clarke, Christine) [Transferred from wvsd on 11/13/2019.] |
| Filing 20 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Antonio May on 06/23/2017 at 1:00 pm (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Tracie Sylvester on 06/23/2017 at 9:00 am (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
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Filing 18
ORDER reassigning the civil actions listed on Exhibit A from the docket of Judge Joseph R. Goodwin to the docket of the Chief Judge Robert C. Chambers for all further proceedings. The Clerk is directed to file this order in the individual cases listed on Exhibit A and to file a copy of this order on the docket for the main MDL 2327. Signed by Clerk of Court Teresa L. Deppner on 5/4/2017. (cc: Judge Goodwin, Chief Judge Chambers, counsel of record, and to any unrepresented parties) (REF: MDL 2327; Cases listed on Exhibit A) (klc) [Transferred from wvsd on 11/13/2019.]
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| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon, Inc., Ethicon, LLC, Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 11/13/2019.] |
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Filing 16
PRETRIAL ORDER # 251 (Docket Control Order - Wave 6 Cases) The parties recently submitted a joint list of 400 of the oldest cases in the Ethicon MDL not already in a wave that name only Ethicon, Inc., Ethicon, LLC and/or Johnson & Johnson or allege claims against only the Ethicon defendants' products. These cases, attached hereto as Exhibit A, will be known as the "Ethicon Wave 6 cases," and it is ORDERED as follows: Scheduling Deadlines. The following deadlines shall apply in the Ethicon Wave 6 cases: Plaintiff Fact Sheets due by 5/25/2017, Defendant Fact Sheets due by 6/26/2017, Deadline for written discovery requests due by 8/11/2017, Expert disclosure by plaintiffs due by 7/27/2017, Expert disclosure by defendants due by 8/28/2017, Expert disclosure for rebuttal purposes due by 9/11/2017, Deposition deadline and close of discovery due by 9/25/2017, Filing of Dispositive Motions due by 10/16/2017, Response to Dispositive Motions due by 10/30/2017, Reply to response to dispositive motions due by 11/06/2017, Filing of Daubert motions due by 10/23/2017, Responses to Daubert motions due by 11/06/2017, and Reply to response to Daubert motions due by 11/13/2017. 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: A consolidated motion to seal is due on or before 8/21/2017, any response is due 9/05/2017 and any reply is due 9/12/2017. Venue Recommendations. By no later than 8/30/2017, the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties shall submit joint venue recommendations to the court by 9/11/2017. Signed by Judge Joseph R. Goodwin on 4/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327; Wave 6 cases listed on Exhibit A) (mks) [Transferred from wvsd on 11/13/2019.]
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| Filing 15 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Firouz Daneshgari on 8/2/17 at 9am (Robinson, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 14 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Joseph I. Shawi on 8/1/17 at 9am (Robinson, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 13 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 11/13/2019.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 11/13/2019.] |
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Filing 11
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above-named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (kw) [Transferred from wvsd on 11/13/2019.]
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| Filing 10 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 11/13/2019.] |
| Filing 9 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 11/13/2019.] |
| 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 wvsd on 11/13/2019.] |
| Filing 7 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 11/13/2019.] |
| Filing 6 SUMMONS RETURNED EXECUTED by Personal Service for Ethicon, LLC. Ethicon, LLC served on 1/8/2013, answer due 1/29/2013. Summons served on scott lascala. (Tiger, Michelle) [Transferred from wvsd on 11/13/2019.] |
| Filing 5 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 wvsd on 11/13/2019.] |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Ethicon, Inc., Ethicon, LLC, and Johnson & Johnson, 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). (Attachments: #1 Summons, #2 Summons) (jws) [Transferred from wvsd on 11/13/2019.] |
| Filing 3 SUMMONS SUBMITTED by Antonio May, Tracie Sylvester for Ethicon, Inc., Ethicon, LLC, Johnson & Johnson, re: #1 Short Form Complaint (Tiger, Michelle) [Transferred from wvsd on 11/13/2019.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER 26 (Revised Short Form Complaint and Amended Short Form Complaint re: Addition of Coloplast, et al.; Revised Motion to Transfer MDL) entered on 12/17/2012 in MDL 2327 to attorneys in member case. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jap) [Transferred from wvsd on 11/13/2019.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $350.00. Receipt # 0425-2130201. (Attachment: #1 Civil Cover Sheet) (cwm) [Transferred from wvsd on 11/13/2019.] |
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