Gevers v. Ethicon, Inc. et al
| Dorothy Gevers |
| Ethicon, Inc. and Johnson & Johnson |
| 1:2020cv02418 |
| October 26, 2020 |
| U.S. District Court for the Northern District of Ohio |
| Donald C Nugent |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 63 Motion for leave to File Supplemental Motion to Limit the Opinions and Testimony of Michael Margolis, M.D. and an Amended Motion for Summary Judgment filed by Ethicon, Inc., Johnson & Johnson. Related document(s) #28 , #29 , #27 , #26 . (Attachments: #1 Exhibit 1-Supplemental Motion to Limit Opinions and Testimony of Michael Margolis, MD, #2 Exhibit 2-Amended Motion for Summary Judgment, #3 Exhibit 3-Cannon v. Ethicon, #4 Exhibit 4-Moore v. Ethicon, #5 Exhibit 5-Dates v. Ethicon, #6 Exhibit 6-Mitchell v. Ethicon, #7 Exhibit 7-Massoudi v. Ethicon, #8 Exhibit 8-Order-Hoover v. Ethicon)(Steinmetz, Jennifer) |
| Filing 62 Marginal Entry Order granting Plaintiff's Motion to Withdraw #31 Response and Memorandum in Opposition to Defendant's Motion for Summary Judgment (Related Doc #33 ). Judge Donald C. Nugent on 12/14/2020. (M,S) |
| Filing 61 Minutes of proceedings before Judge Donald C. Nugent.Telephonic Case Management Conference held on 12/11/2020. Case is assigned to the standard track. Motion for Leave due by 12/17/2020, Response due by 1/7/2021, Reply due by 1/21/2021. Status Conference set for 2/5/2021 at 10:00 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. (Court Reporter: None.) Time: 15 minutes. (M,S) |
| Filing 60 Joint Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(f) and L.R. 16.3(b) - parties do not consent to this case being assigned to the magistrate judge, filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
Order [non-document] granting Plaintiff Counsel's Motion to withdraw as attorney, attorneys Drew Warren; William F. Blankenship, III and Courtney Capshaw removed from case. (Related Doc #58 ). Judge Donald C. Nugent on 12/7/2020.(M,S)
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| Filing 59 Attorney Appearance by Pedro P. de la Cerda filed by on behalf of Dorothy Gevers. (de la Cerda, Pedro) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Kevin L. Edwards for Dorothy Gevers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #54 ). Judge Donald C. Nugent on 11/16/2020.(M,S)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Yvette Diaz for Dorothy Gevers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #53 ). Judge Donald C. Nugent on 11/16/2020.(M,S)
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Order [non-document] granting Motion for appearance pro hac vice by attorney David P. Matthews for Dorothy Gevers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #55 ). Judge Donald C. Nugent on 11/16/2020.(M,S)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Pedro P. de la Cerda for Dorothy Gevers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #56 ). Judge Donald C. Nugent on 11/16/2020.(M,S)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Tim K. Goss for Dorothy Gevers. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. 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 #57 ). Judge Donald C. Nugent on 11/16/2020.(M,S)
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| Filing 58 Motion by Courtney Capshaw, Drew Warren and William F. Blankenship III to withdraw as attorney filed by Plaintiff Dorothy Gevers. (J,G) |
| Filing 57 Motion for attorney Tim K. Goss to Appear Pro Hac Vice, Certificate of Good Standing and Unsworn Declaration . Filing fee $120, receipt number 14660127286, filed by Plaintiff Dorothy Gevers. (Document does not contain an original signature.) (Y,A) Modified text on 11/12/2020 (M,TL). (Additional attachment(s) added on 11/12/2020: #1 Motion for Pro Hac) (Y,A). |
| Filing 56 Motion for attorney Pedro "Peter" de la Cerda to Appear Pro Hac Vice and Certificate of Good Standing . Filing fee $120, receipt number 14660127285, filed by Plaintiff Dorothy Gevers. (Document does not contain an original signature.) (Y,A) Modified text on 11/12/2020 (M,TL). |
| Filing 55 Motion for attorney David P. Matthews to Appear Pro Hac Vice and Certificate of Good Standing . Filing fee $120, receipt number 14660127827, filed by Plaintiff Dorothy Gevers. (Document does not contain an original signature.) (Y,A) Modified text on 11/12/2020 (M,TL). |
| Filing 54 Motion for attorney Kevin L. Edwards to Appear Pro Hac Vice and Certificate of Good Standing. Filing fee $120, receipt number 14660127284, filed by Plaintiff Dorothy Gevers. (Document does not contain an original signature.) (Y,A) Modified text on 11/12/2020 (M,TL). |
| Filing 53 Motion for attorney Yvette Diaz to Appear Pro Hac Vice and Certificate of Good Standing . Filing fee $120, receipt number 14660127288, filed by Plaintiff Dorothy Gevers. (Document does not contain an original signature.) (Y,A) Modified text on 11/12/2020 (M,TL). |
| Filing 52 Case Management Conference Scheduling Order with case management conference to be held on 12/11/2020 at 09:45 AM to be held telephonically before Judge Donald C. Nugent. Counsel are instructed to first initiate a conference call with all parties connected and then contact the Court. Judge Donald C. Nugent on 11/6/2020. (M,S) |
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Order [non-document] granting Defendant's Motion to withdraw as attorney, attorney's Christy Jones, David B. Thomas, Susan M. Robinson, and William M. Gage removed from case. (Related Doc #51 ) Judge Donald C. Nugent on 10/30/2020. (Y,A)
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| Filing 51 Motion by Christy D. Jones, David B. Thomas, Susan M. Robinson and William M. Gage to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 50 Corporate Disclosure Statement filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 49 Attorney Appearance by Brenda A. Sweet filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 48 Attorney Appearance by Jennifer L. Steinmetz filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Steinmetz, Jennifer) |
| Notice to Attorney Tamara L. Banno. 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. (W,Jo) |
| Notice to Attorney Courtney Capshaw. 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. (W,Jo) |
| Notice to Attorney Drew Warren. 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. (W,Jo) |
| Notice to Attorney Kevin L. Edwards. 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. (W,Jo) |
| Notice to Attorney Peter de la Cerda. 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. (W,Jo) |
| Notice to Attorney Tim K. Goss. 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. (W,Jo) |
| Notice to Attorney William F. Blankenship, III. 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. (W,Jo) |
| Notice to Attorney Yvette Diaz. 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. (W,Jo) |
| Notice to Attorney Christy D. Jones. 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. (W,Jo) |
| Notice to Attorney David B. Thomas. 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. (W,Jo) |
| 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. (W,Jo) |
| Filing 47 Magistrate Consent Form issued. (W,CM) |
| Filing 46 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:14-cv-16444. Electronic file, transfer order and docket sheet received. |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Ethicon, Inc. and Johnson & Johnson are reminded to file a corporate disclosure statement. (W,CM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr.. (W,CM) |
| Judge Donald C. Nugent assigned to case. (W,CM) |
| Filing 45 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2039) - Pls' Mot to Exclude Shelby Thames.pdf, #2 Exhibit MDL ECF (2042) - Pls' Mem in Supp of Mot to Exclude Shelby Thames.pdf, #3 Exhibit MDL ECF (2187) - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #4 Exhibit MDL ECF (2247) - Pls' Reply in Support of Mot to Exclude Shelby Thames.pdf, #5 Exhibit MDL ECF (2455) Part 1 - Pls' Mot to Exclude Shelby Thames.pdf, #6 Exhibit MDL ECF (2455) Part 2 - Pls' Mot to Exclude Shelby Thames.pdf, #7 Exhibit MDL ECF (2458) - Pls' Mem in Support of Mot to Exclude Shelby Thames.pdf, #8 Exhibit MDL ECF (2553) Part 1 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #9 Exhibit MDL ECF (2553) Part 2 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #10 Exhibit MDL ECF (2553) Part 3 - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #11 Exhibit MDL ECF (2621) - Pls' Reply in Support of Mot to Exclude Shelby Thames.pdf, #12 Exhibit MDL ECF (2839) Part 1 - Pls' Mot to Exclude Shelby Thames.pdf, #13 Exhibit MDL ECF (2839) Part 2 - Pls' Mot to Exclude Shelby Thames.pdf, #14 Exhibit MDL ECF (2841) - Pls' Mem in Support of Mot to Exclude Shelby Thames.pdf, #15 Exhibit MDL ECF (2957) - Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf, #16 Exhibit MDL ECF (3037) - Pls' Reply in Support of Mot to Exclude Shelby Thames.pdf, #17 Exhibit MDL ECF (8071) - Pls' Mot to Exclude Shelby Thames.pdf, #18 Exhibit MDL ECF (8073) - Pls' Mem in Support of Mot to Exclude Shelby Thames.pdf, #19 Exhibit MDL ECF (8234) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Shelby Thames.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 44 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2087) - Pls' Mot to Exclude Kimberly Kenton.pdf, #2 Exhibit MDL ECF (2088) - Pls' Mem in Support of Mot to Exclude Kimberly Kenton.pdf, #3 Exhibit MDL ECF (2132) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton.pdf, #4 Exhibit MDL ECF (2244) - Pls' Reply in Support of Mot to Exclude Kimberly Kenton.pdf, #5 Exhibit MDL ECF (2939) - Defs' Resp to Pls' Mot to Exclude Kimberly Kenton.pdf, #6 Exhibit MDL ECF (7992) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Kimberly Kenton.pdf, #7 Exhibit MDL ECF (8172) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Kimberly Kenton.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 43 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2060) - Pls' Mot to Exclude Timothy Ulatowski.pdf, #2 Exhibit MDL ECF (2065) - Pls' Mem in Support of Mot to Exclude Timothy Ulatowski.pdf, #3 Exhibit MDL ECF (2134) - Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski.pdf, #4 Exhibit MDL ECF (2232) - Pls' Reply in Support of Mot to Exclude Timothy Ulatowski.pdf, #5 Exhibit MDL ECF (2910) - Defs' Supp Resp and Notice of Adoption of Resp Regarding Timothy Ulatowski.pdf, #6 Exhibit MDL ECF (7346) - Notice of Adoption of Pls' Mot to Exclude Tim Ulatowski.pdf, #7 Exhibit MDL ECF (8041) - Notice of Adoption of Pls' Mot and Reply in Support of Mot to Exclude Timothy Ulatowski.pdf, #8 Exhibit MDL ECF (8191) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Timothy Ulatowski.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 42 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (6886) - Pls' Mot to Exclude Peter Sand.pdf, #2 Exhibit MDL ECF (6890) - Pls' Mem in Support of Mot to Exclude Peter Sand.pdf, #3 Exhibit MDL ECF (6979) - Defs' Resp to Pls' Mot to Exclude Peter Sand.pdf, #4 Exhibit MDL ECF (7999) - Notice of Adoption of Pls' Mot to Exclude Peter Sand.pdf, #5 Exhibit MDL ECF (8207) - Notice of Adoption of Defs' Resp to Pls' Mot to Exclude Peter Sand.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 41 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (1977) Part 1 - Defs' Mot to Exclude Scott Guelcher, #2 Exhibit MDL ECF (1977) Part 2 - Defs' Mot to Exclude Scott Guelcher, #3 Exhibit MDL ECF (1977) Part 3 - Defs' Mot to Exclude Scott Guelcher, #4 Exhibit MDL ECF (1981) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #5 Exhibit MDL ECF (2100) - Defs' Mot to Substitute Amended Exhibit A to Mot to Exclude Scott Guelcher, #6 Exhibit MDL ECF (2164) - Pls' Resp to Defs' Mot to Exclude Scott Guelcher, #7 Exhibit MDL ECF (2210) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #8 Exhibit MDL ECF (4573) Part 1 - Defs' Mot to Exclude Scott Guelcher, #9 Exhibit MDL ECF (4573) Part 2 - Defs' Mot to Exclude Scott Guelcher, #10 Exhibit MDL ECF (4573) Part 3 - Defs' Mot to Exclude Scott Guelcher, #11 Exhibit MDL ECF (4573) Part 4 - Defs' Mot to Exclude Scott Guelcher, #12 Exhibit MDL ECF (4574) - Defs' Mem in Support of Mot to Exclude Scott Guelcher, #13 Exhibit MDL ECF (4675) Part 1 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #14 Exhibit MDL ECF (4675) Part 2 - Pls' resp to Defs' Mot to Exclude Scott Guelcher, #15 Exhibit MDL ECF (4692) - Defs' Reply in Support of Mot to Exclude Scott Guelcher, #16 Exhibit MDL ECF (7980) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Scott Guelcher, #17 Exhibit MDL ECF (8142) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Scott Guelcher)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 40 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2075) - Defs' Mot to Exclude Peggy Pence, #2 Exhibit MDL ECF (2078) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #3 Exhibit MDL ECF (2172) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #4 Exhibit MDL ECF (2214) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #5 Exhibit MDL ECF (2759) - Defs' Mot to Exclude Peggy Pence, #6 Exhibit MDL ECF (2760) - Defs' Mem in Support of Mot to Exclude Peggy Pence, #7 Exhibit MDL ECF (2949) - Pls' Resp to Defs' Mot to Exclude Peggy Pence, #8 Exhibit MDL ECF (3017) - Defs' Reply in Support of Mot to Exclude Peggy Pence, #9 Exhibit MDL ECF (8053) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Peggy Pence, #10 Exhibit MDL ECF (8156) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Peggy Pence)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 39 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2029) - Defs' Mot to Exclude Michael Margolis, #2 Exhibit MDL ECF (2031) - Defs' Mem in Support of Mot to Exclude Michael Margolis, #3 Exhibit MDL ECF (2169) - Pls' Resp to Defs' Mot to Exclude Michael Margolis, #4 Exhibit MDL ECF (2212) - Defs' Reply in Support of Mot to Exclude Michael Margolis, #5 Exhibit MDL ECF (2832) - Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #6 Exhibit MDL ECF (2833) - Defs' Mem in Support of Supp Mot to Exclude Michael Margolis and Notice of Adoption, #7 Exhibit MDL ECF (2904) - Pls' Resp to Defs' Supp Mot to Exclude Michael Margolis and Notice of Adoption, #8 Exhibit MDL ECF (8048) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Thomas Margolis, #9 Exhibit MDL ECF (8147) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Michael Margolis)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 38 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #37 CONTINUED, MDL ECF (2047) Part 1 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #2 Exhibit MDL ECF (2047) Part 2 - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #3 Exhibit MDL ECF (2049) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #4 Exhibit MDL ECF (2163) Part 1 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #5 Exhibit MDL ECF (2163) Part 2 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #6 Exhibit MDL ECF (2163) Part 3 - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #7 Exhibit MDL ECF (2241) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #8 Exhibit MDL ECF (2817) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #9 Exhibit MDL ECF (2818) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #10 Exhibit MDL ECF (2931) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #11 Exhibit MDL ECF (3024) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #12 Exhibit MDL ECF (5332) - Defs' Mot to Exclude Bruce Rosenzweig.pdf, #13 Exhibit MDL ECF (5333) - Defs' Mem in Support of Mot to Exclude Bruce Rosenzweig.pdf, #14 Exhibit MDL ECF (5482) - Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf, #15 Exhibit MDL ECF (5548) - Defs' Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #16 Exhibit MDL ECF (8062) - Notice of Adoption of Defs' Mot and Reply in Support of Mot to Exclude Bruce Rosenzweig.pdf, #17 Exhibit MDL ECF (8164) - Notice of Adoption of Pls' Resp to Defs' Mot to Exclude Bruce Rosenzweig.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
| Filing 37 JOINT 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.pdf, #2 Exhibit MDL ECF (239) - Master Answer of Ethicon, Inc. to First Amended Master Complaint.pdf, #3 Exhibit MDL ECF (241) - Master Answer of Johnson & Johnson to First Amended Master Complaint.pdf, #4 Exhibit MDL ECF (262) - Short Form Complaint.pdf, #5 Exhibit MDL ECF (263) - Amended Short Form Complaint.pdf)(Robinson, Susan) (Modified on 10/15/2020 to add party filer) (msa). [Transferred from wvsd on 10/26/2020.] |
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Filing 36
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 10/23/2020 the cases identified on Exhibit A that are still pending shall be transferred to the United States District Courts identified on Exhibit A pursuant to 28 U.S.C. 1404(a); on or before 10/22/2020 the parties are DIRECTED to confer and to file in each pending individual member case identified in Exhibit A, all documents from the main MDL that the parties jointly deem relevant to constitute an appropriate record for the receiving court to consider; the Clerk is DIRECTED to use the appropriate function in CM/ECF to extract each member case listed on Exhibit A that remains pending and transfer it to the corresponding United States District Court listed on Exhibit A; after transfer of each member case listed in Exhibit A that is not dismissed prior to the Transfer Date, the Clerk is DIRECTED to formally close the case and strike it from the docket of this court. Signed by Judge Joseph R. Goodwin on 10/9/2020. (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from wvsd on 10/26/2020.]
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| Filing 35 REPLY by Ethicon, Inc., Johnson & Johnson to #32 Response In Opposition. (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 34 REPLY by Ethicon, Inc., Johnson & Johnson to Plaintiff's #31 Response In Opposition and Plaintiff's #30 Response In Opposition. (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 33 MOTION by Dorothy Gevers to Withdraw #31 Response and Memorandum in Opposition to Defendant's Motion for Summary Judgment (Goss, Tim) (Modified on 5/29/2019 to add link to #31 Response)(slr). [Transferred from wvsd on 10/26/2020.] |
| Filing 32 RESPONSE and Memorandum of Law by Dorothy Gevers in opposition to #28 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis, (Goss, Tim) (Modified on 5/24/2019 to remove link to #29 Memorandum in Support)(slr). [Transferred from wvsd on 10/26/2020.] |
| Filing 31 RESPONSE and Memorandum in Opposition by Dorothy Gevers to #26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Goss, Tim) (Modified on 5/24/2019 to remove links to #28 Motion and #29 Memorandum in Support, and to add link to #26 Motion) (slr). [Transferred from wvsd on 10/26/2020.] |
| Filing 30 RESPONSE and Memorandum in Opposition by Dorothy Gevers to #26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Goss, Tim) (Modified on 5/24/2019 to remove link to #27 Memorandum in Support)(slr). [Transferred from wvsd on 10/26/2020.] |
| Filing 29 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #28 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 28 MOTION by Ethicon, Inc., Johnson & Johnson to Limit the Case-Specific Opinions and Testimony of Dr. Michael Thomas Margolis (Attachments: #1 Exhibit A-B)(Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 27 MEMORANDUM OF LAW by Ethicon, Inc., Johnson & Johnson in support of #26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 26 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A-F)(Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 25 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Friends and Family on dates and times to be determined (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 24 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 10/26/2020.] |
| Filing 23 NOTICE OF DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Michael Thomas Margolis on 4/13/19 at 2:00 p.m. PDT (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 22 CERTIFICATE OF SERVICE by Dorothy Gevers for Designation and Disclosure of General and Case-Specific Witnesses. (Goss, Tim) [Transferred from wvsd on 10/26/2020.] |
| Filing 21 AMENDED NOTICE OF VIDEO DEPOSITION by Dorothy Gevers of Howard B. Goldman, M.D. on March 8, 2019 at 1:30 P.M. (Eastern Standard Time) (Goss, Tim) [Transferred from wvsd on 10/26/2020.] |
| Filing 20 NOTICE OF APPEARANCE by Peter de la Cerda, Kevin L. Edwards, Yvette Diaz, William F. Blankenship III, Drew Warren, and Courtney Capshaw on behalf of Dorothy Gevers. (Goss, Tim) (Modified on 2/19/2019 to list attorneys)(rmc) [Transferred from wvsd on 10/26/2020.] |
| Filing 19 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dorothy Gevers on 02/11/19 at 9:00 a.m. CST (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 18 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dorothy Gevers on 2/11/19 at 9:00 a.m. (MST) (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 17 CERTIFICATE OF SERVICE by Ethicon, Inc. for Second Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 16 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 15 CERTIFICATE OF SERVICE by Ethicon, Inc. for First Set of Interrogatories, Requests for Admission and Requests for Production. (Robinson, Susan) [Transferred from wvsd on 10/26/2020.] |
| Filing 14 PLAINTIFF FACT SHEET filed by Dorothy Gevers. (Goss, Tim) [Transferred from wvsd on 10/26/2020.] |
| Filing 12 NOTICE OF VIDEO DEPOSITION by Dorothy Gevers of Howard B. Goldman, M.D. on 2/14/2019 at 1:00 p.m. (Goss, Tim) (Modified on 11/7/2018 to convert event to notice to take or amend deposition) (kp). [Transferred from wvsd on 10/26/2020.] |
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Filing 13
PRETRIAL ORDER # 320 (Docket Control Order - Ethicon, Inc. Wave 10 Cases) The cases on Exhibits 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 becomes subject to the deadlines in this Docket Control Order; and 4.) The following deadlines immediately apply in all Wave 10 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 10 cases: Plaintiff Fact Sheets due 11/15/2018; Defendant Fact Sheets due 11/22/2018; Deadline for written discovery requests due 12/21/2018; Expert disclosures served by plaintiffs due 02/22/2019; Expert disclosure served by defendants due 03/22/2019; Expert disclosure served for rebuttal due 03/29/2019; Deposition deadline and close of discovery due 04/29/2019; Filing of dispositive motions due 05/13/2019; Response to dispositive motions due 05/27/2019; Reply to response to dispositive motions due 06/03/2019; Filing of Daubert motions due 05/13/2019; Responses to Daubert motions due 05/27/2019; Reply to response to Daubert motions due 06/03/2019. B. MOTION PRACTICE. 3.) Confidential Documents. Any consolidated motion to seal is due on or before 03/25/2019, and any response is due by 04/09/2019. Any reply is due by 04/15/2019. The court expects full compliance with Local Civil Rule 26.4(c). C. CASES READY FOR TRANSFER, REMAND OR TRIAL 1.) Venue Recommendations. By no later than 04/06/2019, 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 04/13/2019. Signed by Judge Joseph R. Goodwin on 10/31/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 10 cases identified on Exhibits A and B) (kp) (ADI) [Transferred from wvsd on 10/26/2020.]
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Filing 11
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) (ts) (ADI) [Transferred from wvsd on 10/26/2020.]
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Filing 10
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 wvsd on 10/26/2020.]
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Filing 9
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") (lca) (ADI) [Transferred from wvsd on 10/26/2020.]
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Filing 8
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) (lca) (ADI) [Transferred from wvsd on 10/26/2020.]
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Filing 7
ORDER The deadline to submit joint motions of dismissal is extended to 3/31/2018 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 10/19/2017. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases on inactive docket). (klc) (ADI) [Transferred from wvsd on 10/26/2020.]
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Filing 6
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 7/1/2017; 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. 2900 in MDL Case No. 2327 Ethicon. Signed by Judge Joseph R. Goodwin on 10/24/2016. (cc: attys; any unrepresented party) (kp) [Transferred from wvsd on 10/26/2020.]
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Filing 5
ORDER granting MOTION by Tim K. Goss, Tamara L. Banno, John Harloe, Yvette Diaz and Freese & Goss, PLLC for Change of Address filed in MDL 2327. The Clerk is DIRECTED to update the firm address, as set forth in the Motion, both on the main master docket and for each individual member case in MDL 2327 with which Tim K. Goss, Tamara L. Banno, John Harloe, and Yvette Diaz are associated. Signed by Judge Joseph R. Goodwin on 5/24/2016. (cc: attys; any unrepresented party) (mmw) [Transferred from wvsd on 10/26/2020.]
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| Filing 4 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 10/26/2020.] |
| Filing 3 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 10/26/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 116 (THIRD AMENDED DOCKET CONTROL ORDER ON SECOND ROUND OF BELLWETHERS Huskey and Edwards ) entered on 05/06/2014 in MDL 2327 to attorneys in member case. (kw) [Transferred from wvsd on 10/26/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3212780. (Attachments: #1 Civil Cover Sheet) (kg) [Transferred from wvsd on 10/26/2020.] |
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