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
This docket was last retrieved on March 20, 2020. A more recent docket listing may be available from PACER.
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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) |
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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 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 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 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 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 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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