Heide v. Ethicon, Inc. et al
| Cheryl M. Heide |
| Ethicon, Inc., Ethicon, LLC and Johnson & Johnson |
| 4:2020cv00160 |
| January 23, 2020 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 42 Memorandum of Opinion and Order For the reasons set forth herein, Defendants Ethicon, Inc. and Johnson & Johnson's Motion for Partial Summary Judgment, ECF No. #21 , is granted in part and denied in part. The Court grants summary judgment to Defendants regarding the following 13 claims: Counts I (negligence), II (strict liability-manufacturing defect), III (strict liability-failure to warn), IV (strict liability-defective product), VII (fraudulent concealment), VIII (constructive fraud), IX (negligent misrepresentation), X (negligent infliction of emotional distress), XI (breach of express warranty), XII (breach of implied warranty), XIII (violation of consumer protection laws), XIV (gross negligence), and XV (unjust enrichment). Summary judgment is denied regarding Count VI (common law fraud). Judge Benita Y. Pearson on 3/20/2020. Related document(s) #23 . (JLG) |
| Copy of #42 Memorandum of Opinion and Order mailed to Plaintiff's counsel Zachary Peter Lowe, Esq., 6028 S. Ridgeline Drive, Suite 200, Ogden, Utah 84405 on 3/20/2020. Related document(s) #42 . (JLG) |
| Filing 41 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 4/1/2020 at 11:30 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 2/7/2020. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Copy of #41 Case Management Conference Scheduling Order mailed to Plaintiff's counsel Zachary Peter Lowe, Esq., 6028 S. Ridgeline Drive, Suite 200, Ogden, Utah 84405 on 2/7/2020. Related document(s) #41 . (JLG) |
Filing 40
Order For good cause shown, the Motion for Leave to Withdraw by Attorneys William M. Gage, Christy D. Jones, Susan M. Robinson, Kari L. Sutherland, and David B. Thomas (ECF No. #39 ) as counsel for Defendants Ethicon, Inc. and Johnson & Johnson ("Defendants") is granted. William M. Gage, Christy D. Jones, and Kari L. Sutherland of Butler Snow LLP, and Susan M. Robinson and David B. Thomas of Thomas Combs & Spann, PLLC are allowed to withdraw from further representation of Defendants in the this case because (1) Rita A. Maimbourg of Tucker Ellis LLP will remain as counsel for Defendants and (2) Jennifer L. Steinmetz and Brenda A. Sweet have entered their appearance as counsel for Defendants. Judge Benita Y. Pearson on 2/4/2020. (JLG)
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| Copy of #40 Order mailed to Zachary Peter Lowe, Esq., 6028 S. Ridgeline Drive, Suite 200, Ogden, Utah 84405 on 2/4/2020. Related document(s) #40 . (JLG) |
| Filing 39 Motion by William M. Gage, Christy D. Jones, Susan M. Robinson, Kari L. Sutherland and David B. Thomas to withdraw as attorney filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 38 Attorney Appearance by Brenda A. Sweet filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 37 Corporate Disclosure Statement identifying Corporate Parent Johnson & Johnson for Ethicon, Inc., Johnson & Johnson filed by Ethicon, Inc., Johnson & Johnson. (Sweet, Brenda) |
| Filing 36 Attorney Appearance by Jennifer L. Steinmetz filed by on behalf of Ethicon, Inc., Johnson & Johnson. (Steinmetz, Jennifer) |
| Notice to Attorney Zachary Peter Lowe. 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 35 Magistrate Consent Form issued. (M,TL) |
| Filing 34 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:14-cv-14441. Electronic file, transfer order and docket sheet received. |
| Judge Benita Y. Pearson assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
| Copy of #35 Magistrate Consent Form and docket sheet mailed to the following attorneys: Zachary Peter Lowe, LOWE LAW GROUP, Suite 203, 6028 South Ridgeline Drive, Ogden, UT 84405; Christy D. Jones, Butler Snow - Jackson, Ste. 1700, 210 East Capitol Street, P.O. Box 22567, Jackson, MS 39225-2567; David B. Thomas, Thomas Combs & Spann, Ste. 1380, 300 Summers Street, P.O. Box 25301, Charleston, WV 25338-3824; Susan M. Robinson, Thomas Combs & Spann, P.O. Box 3824, Charleston, WV 25338; Kari L. Sutherland, Butler Snow, P. O. Box 1138, Oxford, MS 38655 and William M. Gage, BUTLER SNOW, P. O. Box 6010, Ridgeland, MS 39158-6010.. Related document(s) #35 . (M,TL) |
| 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,TL) |
| Filing 33 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 Continued - (2027) Memo in Support of Motion to Exclude Joseph Carbone, #2 Exhibit ECF #31 Continued - (2180) Memo in Opposition to Motion to Exclude Joseph Carbone, #3 Exhibit ECF #31 Continued - (2915) Memo in Opposition to Motion to Exclude Joseph Carbone, #4 Exhibit ECF #31 Continued - (3036) Reply Memo in Support of Motion to Exclude Joseph Carbone, #5 Exhibit ECF #31 Continued - (6790) Notice of Adoption of Prior Daubert Motion of Joseph Carbone, #6 Exhibit ECF #31 Continued - (7007) Notice of Adoption of Prior Daubert Response of Joseph Carbone, #7 Exhibit ECF #31 Continued - (7128) Notice of Adoption to Prior Daubert Reply of Joseph Carbone, #8 Exhibit ECF #31 Continued - (2069) Memo in Support of Motion to Exclude Juan Carlos Felix, #9 Exhibit ECF #31 Continued - (2255) Reply to Response in Opposition to Motion to Exclude Juan Carlos Felix, #10 Exhibit ECF #31 Continued - (6796) Notice of Adoption of Prior Daubert Motion of Juan Carlos Felix, #11 Exhibit ECF #31 Continued - (6966) Notice of Adoption of Prior Daubert Response of Juan Carlos Felix, #12 Exhibit ECF #31 Continued - (7093) Notice of Adoption of Prior Daubert Reply of Juan Carlos Felix, #13 Exhibit ECF #31 Continued - (2206) Memo in Support of Motion to Exclude Steven Maclean, #14 Exhibit ECF #31 Continued - (2297) Reply to Response in Opposition to Motion to Exclude Steven Maclean, #15 Exhibit ECF #31 Continued - (2825) Motion to Exclude Steven Maclean, #16 Exhibit ECF #31 Continued - (2826) Memo in Support of Motion to Exclude Steven Maclean, #17 Exhibit ECF #31 Continued - (2942) Response in Opposition to Motion to Exclude Steven Maclean, #18 Exhibit ECF #31 Continued - (6824) Notice of Adoption of Prior Daubert Motion of Steven Maclean, #19 Exhibit ECF #31 Continued - (6998) Notice of Adoption of Prior Daubert Response of Steven Maclean, #20 Exhibit ECF #31 Continued - (7100) Notice of Adoption of Prior Daubert Reply of Steven Maclean, #21 Exhibit ECF #31 Continued - (3053) Reply in Support of Motion to Exclude Steven Maclean, #22 Exhibit ECF #31 Continued - (2060) Motion to Exclude Timothy Ulatowski, #23 Exhibit ECF #31 Continued - (2065) Memo in Support of Motion to Exclude Timothy Ulatowski, #24 Exhibit ECF #31 Continued - (2134) Response in Opposition to Motion to Exclude Timothy Ulatowski, #25 Exhibit ECF #31 Continued - (2232) Reply in Support of Motion to Exclude Timothy Ulatowski, #26 Exhibit ECF #31 Continued - (2910) Notice of Adoption of Prior Daubert Response of Timothy Ulatowski, #27 Exhibit ECF #31 Continued - (6860)Notice of Adoption of Prior Daubert Motion of Timothy Ulatowski, #28 Exhibit ECF #31 Continued - (6965) Notice of Adoption of Prior Daubert Response of Timothy Ulatowski, #29 Exhibit ECF #31 Continued - (7143) Notice of Adoption of Prior Daubert Reply of Timothy Ulatowski)(Gage, William) (Modified on 1/22/2020) to add party filer (msa). [Transferred from wvsd on 1/23/2020.] |
| Filing 32 CONTINUED JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit ECF #31 Continued - (3865) Reply in Support of Motion to Exclude Vladimir Iakovlev, #2 Exhibit ECF #31 Continued - (6875) Memo in Support of Motion to Exclude Vladimir Iakovlev, #3 Exhibit ECF #31 Continued - (7045) Opposition to Motion to Exclude Vladimir Iakovlev, #4 Exhibit ECF #31 Continued - (7085) Amended Adoption of Prior Daubert Response of Vladimir Iakovlev, #5 Exhibit ECF #31 Continued - (7183) Reply in Further Support of Motion to Exclude Vladimir Iakovlev, #6 Exhibit ECF #31 Continued - (7038) Notice of Adoption of Prior Daubert Response of Vladimir Iakovlev, #7 Exhibit ECF #31 Continued - (2209) Reply in Support of Motion to Exclude Jimmy Mays, #8 Exhibit ECF #31 Continued - (3031) Reply in Support of Motion to Exclude Jimmy Mays, #9 Exhibit ECF #31 Continued - (3647) Memo in Support of Motion to Exclude Jimmy Mays, #10 Exhibit ECF #31 Continued - (3751) Response to Motion to Exclude Jimmy Mays, #11 Exhibit ECF #31 Continued - (3847) Reply in Support of Motion to Exclude Jimmy Mays, #12 Exhibit ECF #31 Continued - (6649) Notice of Adoption of Motion to Exclude Jimmy Mays, #13 Exhibit ECF #31 Continued - (6955) Notice of Adoption of Prior Daubert Response of Jimmy Mays, #14 Exhibit ECF #31 Continued - (7125) Notice of Adoption of Prior Daubert Reply of Jimmy Mays, #15 Exhibit ECF #31 Continued - (2759) Motion to Exclude Peggy Pence, #16 Exhibit ECF #31 Continued - (2760) Memo in Support of Motion to Exclude Peggy Pence, #17 Exhibit ECF #31 Continued - (2949) Response in Opposition to Motion to Exclude Peggy Pence, #18 Exhibit ECF #31 Continued - (3017) Reply in Support of Motion to Exclude Peggy Pence, #19 Exhibit ECF #31 Continued - (6821) Notice of Adoption of Prior Daubert Motion of Peggy Pence, #20 Exhibit ECF #31 Continued - (6958) Notice of Adoption of Prior Daubert Response of Peggy Pence, #21 Exhibit ECF #31 Continued - (7177) Notice of Adoption of Prior Daubert Reply of Peggy Pence, #22 Exhibit ECF #31 Continued - (2817) Motion to Exclude Bruce Rosenzweig, #23 Exhibit ECF #31 Continued - (2818) Memo in Support of Motion to Exclude Bruce Rosenzweig, #24 Exhibit ECF #31 Continued - (2931) Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #25 Exhibit ECF #31 Continued - (3024) Reply in Support of Motion to Exclude Bruce Rosenzweig, #26 Exhibit ECF #31 Continued - (5332) Motion to Exclude Bruce Rosenzweig, #27 Exhibit ECF #31 Continued - (5333) Memo in Support of Motion to Exclude Bruce Rosenzweig, #28 Exhibit ECF #31 Continued - (5482) Response Memo in Opposition to Motion to Exclude Bruce Rosenzweig, #29 Exhibit ECF #31 Continued - (5548) Reply Brief in Support of Motion to Exclude Bruce Rosenzweig, #30 Exhibit ECF #31 Continued - (6852) Notice of Adoption of Prior Daubert Motion of Bruce Rosenzweig, #31 Exhibit ECF #31 Continued - (6960) Notice of Adoption of Prior Daubert Response of Bruce Rosenzweig)(Gage, William) (Modified on 1/22/2020 to add party filers) (msa). [Transferred from wvsd on 1/23/2020.] |
| Filing 31 JOINT DESIGNATION OF RECORD for MDL transfers re: 2:12-md-02327 - Ethicon, Inc. (Attachments: #1 Exhibit (238) First Amended Complaint, #2 Exhibit (239) Master Answer and Jury Demand, #3 Exhibit (241) Master Answer and Jury Demand, #4 Exhibit (262) Short Form Complaint, #5 Exhibit (263) Amended Short Form Complaint, #6 Exhibit (2047) Part 1 Motion to Exclude Bruce Rosenzweig, #7 Exhibit (2047) Part 2 Motion to Exclude Bruce Rosenzweig, #8 Exhibit (2047) Part 3 Motion to Exclude Bruce Rosenzweig, #9 Exhibit (2047) Part 4 Motion to Exclude Bruce Rosenzweig, #10 Exhibit (2047) Part 5 Motion to Exclude Bruce Rosenzweig, #11 Exhibit (2047) Part 6 Motion to Exclude Bruce Rosenzweig, #12 Exhibit (2047) Part 7 Motion to Exclude Bruce Rosenzweig, #13 Exhibit (2047) Part 8 Motion to Exclude Bruce Rosenzweig, #14 Exhibit (2047) Part 9 Motion to Exclude Bruce Rosenzweig, #15 Exhibit (2047) Part 10 Motion to Exclude Bruce Rosenzweig, #16 Exhibit (2047) Part 11 Motion to Exclude Bruce Rosenzweig, #17 Exhibit (2047) Part 12 Motion to Exclude Bruce Rosenzweig, #18 Exhibit (2047) Part 13 Motion to Exclude Bruce Rosenzweig, #19 Exhibit (2047) Part 14 Motion to Exclude Bruce Rosenzweig, #20 Exhibit (2063) Part 1 Motion to Preclude Juan Carlos Felix, #21 Exhibit (2063) Part 2 Motion to Preclude Juan Carlos Felix, #22 Exhibit (2184) Part 1 Response in Opposition to Motion to Exclude Juan Carlos Felix, #23 Exhibit (2184) Part 2 Response in Opposition to Motion to Exclude Juan Carlos Felix, #24 Exhibit (2205) Part 1 Motion to Exclude Steven Maclean, #25 Exhibit (2205) Part 2 Motion to Exclude Steven Maclean, #26 Exhibit (2205) Part 3 Motion to Exclude Steven Maclean, #27 Exhibit (2287) Part 1 Response in Opposition to Motion to Exclude Steven Maclean, #28 Exhibit (2287) Part 2 Response in Opposition to Motion to Exclude Steven Maclean, #29 Exhibit (2552) Part 1 Response in Opposition to Motion to Exclude Steven Maclean, #30 Exhibit (2552) Part 2 Response in Opposition to Motion to Exclude Steven Maclean, #31 Exhibit (2552) Part 3 Response in Opposition to Motion to Exclude Steven Maclean, #32 Exhibit (3619) Part 1 Motion to Exclude Vladimir Iakovlev, #33 Exhibit (3619) Part 2 Motion to Exclude Vladimir Iakovlev, #34 Exhibit (3642) Part 1 Motion to Exclude Jimmy Mays, #35 Exhibit (3642) Part 2 Motion to Exclude Jimmy Mays, #36 Exhibit (3790) Part 1 Response to Motion to Exclude Vladimir Iakovlev, #37 Exhibit (3790) Part 2 Response to Motion to Exclude Vladimir Iakovlev, #38 Exhibit (3790) Part 3 Response to Motion to Exclude Vladimir Iakovlev, #39 Exhibit (6874) Part 1 Motion to Exclude Vladimir Iakovlev, #40 Exhibit (6874) Part 2 Motion to Exclude Vladimir Iakovlev, #41 Exhibit (6874) Part 3 Motion to Exclude Vladimir Iakovlev)(Gage, William) (Modified on 1/17/2020 to add party filer) (msa). [Transferred from wvsd on 1/23/2020.] |
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Filing 30
TRANSFER ORDER FOR CASES ON EXHIBIT A directing that on 1/23/2020 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 1/22/2020 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 1/9/2020. (cc: Clerk of the JPMDL; counsel of record) (REF: MDL 2327; Cases Listed on Exhibit A) (kew) [Transferred from wvsd on 1/23/2020.]
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| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson (Attachments: #1 Exhibit Exh 1 - List of Cases, #2 Exhibit Exh 2 - Letter)(Gage, William) [Transferred from wvsd on 1/23/2020.] |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE by Cheryl M. Heide (Lowe, Zachary) [Transferred from wvsd on 1/23/2020.] |
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Filing 27
SHOW CAUSE ORDER directing that plaintiffs' leadership and counsel for ALL defendants named in cases on Exhibit 1 are directed to show cause in writing why they should not be sanctioned for failing to comply with the Order entered in MDL 2327 at ECF #7710 by Wednesday 4/24/2019; any filing must be made in the individual cases on Exhibit 1; the court will schedule a hearing at a later date. Signed by Judge Joseph R. Goodwin on 4/10/2019. (cc: counsel of record; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit 1) (mwk) (ADI) [Transferred from wvsd on 1/23/2020.]
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Filing 26
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) (sak) (ADI) [Transferred from wvsd on 1/23/2020.]
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Filing 25
JOINT STIPULATION OF DISMISSAL OF ETHICON, LLC PURSUANT TO FED.R.CIV.P. 41(a)(1)(A)(ii)/ORDER This action is voluntarily dismissed with prejudice against Defendant Ethicon, LLC Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Joseph R. Goodwin on 1/24/2019. (cc: attys; any unrepresented party) (mms) [Transferred from wvsd on 1/23/2020.]
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Filing 24
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 1/23/2020.]
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| Filing 23 RESPONSE by Cheryl M. Heide in opposition to #21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lowe, Zachary) (Modified on 10/29/2018 to remove link to #22 memorandum) (mkw). [Transferred from wvsd on 1/23/2020.] |
| Filing 22 MEMORANDUM OF LAW by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson in support of #21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Gage, William) [Transferred from wvsd on 1/23/2020.] |
| Filing 21 MOTION by Ethicon, Inc., Ethicon, LLC, Johnson & Johnson for Partial Summary Judgment (Attachments: #1 Exhibit A)(Gage, William) [Transferred from wvsd on 1/23/2020.] |
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Filing 20
ORDER granting #17 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #16 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss and/or to Strike for Failure to Comply with PTO 303's Limitation on Experts or Alternatively to Show Cause and Request for Expedited Briefing; and denying as moot #16 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss and/or to Strike for Failure to Comply with PTO 303's Limitation on Experts or Alternatively to Show Cause and Request for Expedited Briefing. Signed by Judge Joseph R. Goodwin on 9/28/2018. (cc: attys; any unrepresented party) (brn) [Transferred from wvsd on 1/23/2020.]
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| Filing 19 STIPULATION AND AGREEMENT OF THE PARTIES REGARDING DEPOSITIONS OF PLAINTIFFS FRIENDS AND FAMILY MEMBERS by Ethicon, Inc., Johnson & Johnson, Ethicon, LLC, Cheryl M. Heide. (Maimbourg, Rita) (Modified on 9/17/2018 to add party filers) [Transferred from wvsd on 1/23/2020.] |
| Filing 18 CERTIFICATE OF SERVICE by Ethicon, Inc., Johnson & Johnson for Designation and Disclosure of General and Case Specific Expert Witnesses and Defendant's Non-Retained Expert Disclosures. (Gage, William) [Transferred from wvsd on 1/23/2020.] |
| Filing 17 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #16 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss and/or to Strike for Failure to Comply with PTO 303's Limitation on Experts or Alternatively to Show Cause and Request for Expedited Briefing (Gage, William) [Transferred from wvsd on 1/23/2020.] |
| Filing 16 MOTION AND SUPPORTING MEMORANDUM by Ethicon, Inc., Johnson & Johnson to Dismiss and/or to Strike for Failure to Comply with PTO 303's Limitation on Experts or Alternatively to Show Cause and Request for Expedited Briefing (Attachment: #1 Exhibit 1)(Gage, William) [Transferred from wvsd on 1/23/2020.] |
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Filing 15
PRETRIAL ORDER # 303 (Amended Docket Control Order Ethicon, Inc. Wave 8 Cases) Because the court has determined there was confusion as to expert deadlines, changes have been made to Paragraph A of PTO # 280. The parties are advised that while this order will be entered in the individual cases in the coming days, it is effective as of the day it was entered in the main MDL. The following deadlines immediately apply in all Wave 8 cases: The following deadlines immediately apply in all Wave 8 cases: Plaintiff Fact Sheets due by 03/19/2018; Defendant Fact Sheets due by 04/19/2018; Deadline for written discovery requests due by 05/18/2018; Expert disclosures served by plaintiffs pursuant to Fed. R. Civ. P. 26 as limited by 3.a. of this order due by 07/13/2018; Expert disclosure served by defendants pursuant to Fed R. Civ P. 26 as limited by 3.a. of this order due by 08/13/2018; Expert disclosure served for rebuttal pursuant to Fed R. Civ. P. 26 as limited by 3.a. of this order due by 08/20/2018; Deposition deadline and close of discovery due by 10/04/2018; Filing of Dispositive Motions due by 10/18/2018; Response to Dispositive Motions due by 10/25/2018; Reply to response to dispositive motions due by 11/01/2018; Filing of Daubert motions due by 10/18/2018; Responses to Daubert motions due by 10/25/2018; Reply to response to Daubert motions due by 11/01/2018. Signed by Judge Joseph R. Goodwin on 6/13/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases) (st) [Transferred from wvsd on 1/23/2020.]
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| Filing 14 JOINT STIPULATION OF DISMISSAL OF ETHICON, LLC, PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii) by Ethicon, LLC, Cheryl Heide, Ethicon, Inc., Johnson & Johnson (Maimbourg, Rita) (Modified on 6/14/2018 to add party filers)(rmc). [Transferred from wvsd on 1/23/2020.] |
| Filing 13 CERTIFICATE OF SERVICE by Cheryl M. Heide for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Lowe, Zachary) [Transferred from wvsd on 1/23/2020.] |
| Filing 12 NOTICE OF ATTORNEY APPEARANCE by Rita A. Maimbourg on behalf of Ethicon, Inc.. (Maimbourg, Rita) [Transferred from wvsd on 1/23/2020.] |
| Filing 11 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc. of Cheryl M. Heide on May 9, 2018 at 9:30 a.m. (Maimbourg, Rita) [Transferred from wvsd on 1/23/2020.] |
| Filing 10 NOTICE OF WITHDRAWAL by Ethicon, Inc., Johnson & Johnson of #9 Notice of Videotaped Deposition (Gage, William) [Transferred from wvsd on 1/23/2020.] |
| Filing 9 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Prakash Maniam on 5/18/18 at 9:00 a.m. (Jones, Alyson) [Transferred from wvsd on 1/23/2020.] |
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Filing 8
PRETRIAL ORDER # 280 (Docket Control Order - Ethicon, Inc. Wave 8 Cases) THIS PRETRIAL ORDER SETS MANDATORY DEADLINES FOR MOST OF THE REMAINING ETHICON, INC. CASES. The court ORDERS that this Docket Control Order be filed in the main MDL and, as of the time of that filing in every case listed on Exhibit A (hereinafter "Wave 8 cases") becomes subject to the deadlines in this Docket Control Order. For any cases in the Ethicon, Inc. MDL with a Covidien Wave 1 flag, the stay on the flagged Covidien Wave 1 cases is lifted and the Covidien Wave 1 cases in the Ethicon MDL are incorporated in the Ethicon, Inc., Wave 8 cases and subject to this Docket Control Order. The following deadlines apply in all Wave 8 cases: A. Scheduling Deadlines. Plaintiff Fact Sheets due by 3/19/2018, Defendant Fact Sheets due by 4/19/2018, Deadline for written discovery requests due by 5/18/2018, Expert disclosure by plaintiffs due by 6/04/2018, Expert disclosure by defendants due by 7/05/2018, Expert disclosure for rebuttal purposes due by 7/23/2018, Deposition deadline and close of discovery due by 9/04/2018, Deadline to file list of general causation experts in each individual Wave 8 case due by 9/11/2018, Filing of Dispositive Motions due by 9/21/2018, Response to Dispositive Motions due by 10/05/2018, Reply to response to dispositive motions due by 10/12/2018, Filing of Daubert motions due by 10/05/2018, Responses to Daubert motions due by 10/19/2018, and Reply to response to Daubert motions due by 10/26/2018. B.4. Confidential Documents. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: Any consolidated motion to seal is due on or before 8/10/2018, and any response is due by 8/24/2018. Any reply is due by 8/31/2018. C.1. Venue Recommendations. By no later than 8/27/2018 the parties shall meet and confer concerning the appropriate venue for each of the cases, and the parties are ORDERED to submit joint venue recommendations to the court by 9/03/2018. Additional directives are set forth herein. Signed by Judge Joseph R. Goodwin on 1/30/2018. (cc: Clerk of the JPMDL; attys; any unrepresented party) (REF: MDL 2327; Ethicon Wave 8 Cases Listed on Exhibit A) (mek) (ADI) [Transferred from wvsd on 1/23/2020.]
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| 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 1/23/2020.] |
| Filing 6 PLAINTIFF PROFILE FORM filed by Cheryl M. Heide. (Lowe, Zachary) [Transferred from wvsd on 1/23/2020.] |
| Filing 5 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 1/23/2020.] |
| 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 1/23/2020.] |
| 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 1/23/2020.] |
| Filing 2 TRANSMITTED PRETRIAL ORDER # 113 (Order Cancelling May 1, 2014 Status Conference and June 12, 2014 Status Conference) entered on 04/15/2014 in MDL 2327 to attorneys in member case. (cbo) [Transferred from wvsd on 1/23/2020.] |
| Filing 1 SHORT FORM COMPLAINT. Filing Fee $400.00. Receipt # 0425-3144013. (Attachment: #1 Civil Cover Sheet) (kw) [Transferred from wvsd on 1/23/2020.] |
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